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| Lohr v. Havens, No. 3-06-0930,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, October 31, 2007, Filed
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Overview: Majority shareholder's election under 805 Ill. Comp. Stat. Ann. 5/12.56(f) to buy plaintiff's shares in closely held corporation was ineffective because majority shareholder failed to give notice of the election to other shareholders; as the election was ineffective, a hearing to determine the equities was not required under § 12.56(f)(4).
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| People v. Feazell, 1-05-1065,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, October 31, 2007, Decided
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Overview: Defendant's Sixth Amendment right to confrontation was violated when a detective was permitted to testify as to a witness's statements; among other things, police investigation exception did not apply as detective testified to substantive contents of statements and error defendant fair trial, as testimony directly impeached her version of events.
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| People v. Roa, No. 3-05-0420,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, October 31, 2007, Filed
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Overview: A trial court's denial of defendant's suppression motion was proper, as police had reasonable articulable suspicion that justified a second seizure of defendant after he had been stopped for speeding and a traffic warning was issued; upon defendant's consent to search the vehicle during the second seizure, drugs were found.
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| Heastie v. Roberts, Docket No. 102428.,
SUPREME COURT OF ILLINOIS, November 1, 2007, Opinion Filed
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Overview: Patient's cause against a hospital and its employees was remanded to the circuit court for a new trial because the trial court erred by dismissing the patient's res ipsa loquitur claim on the pleadings prior to trial, and by barring the patient from pursuing his claim that the hospital and its employees should have searched him for contraband.
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| People v. Begay, No. 1-05-2453,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, November 1, 2007, Decided
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Overview: Admission of evidence involving egging of cars of victim and his female friend at defendant's trial for armed violence and aggravated battery was not improper. The evidence was relevant to the issue of whether defendant went to the victim's apartment as an angry aggressor or merely to have sex with him, and was thus not other crimes evidence.
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| People v. Spivey, No. 2-05-1030,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, November 1, 2007, Decided
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Overview: Defendant's successive petition under Illinois's Post-Conviction Hearing Act was properly dismissed because defendant never obtained the trial court's permission to file his successive postconviction, as required by 725 Ill. Comp. Stat. 5/122-1(f); thus, the petition was considered as not having been filed.
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| Rosewood Care Ctr., Inc. v. Caterpillar, Inc., Docket No. 103212.,
SUPREME COURT OF ILLINOIS, November 1, 2007, Opinion Filed
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Overview: Wording of statute of frauds, 740 Ill. Comp. Stat. Ann. 80/1, and its underlying purpose, meant there was no preexisting-debt rule in Illinois, but employer's alleged promise to pay for injured employee's care could still be outside statute if main purpose or leading object of promise was to advance its interests, which trial court had to decide.
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| Wade v. City of N. Chicago Police Pension Bd., Docket No. 101265.,
SUPREME COURT OF ILLINOIS, November 1, 2007, Opinion Filed
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Overview: Police officer was entitled to duty-related disability pension under 40 Ill. Comp. Stat. Ann. 5/3-114.1, where four of five physicians, including two of the three police pension board-selected physicians, found the officer disabled, based on subject knee injury, such that the officer was unable to perform in full-duty capacity as a police officer.
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| People v. Peden, No. 1-05-2995,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, November 2, 2007, Decided, November 2, 2007, Opinion Filed
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Overview: Trial court violated defendant's Sixth Amendment right to counsel by interfering with his attorney-client relationship; record reasonably supported conclusion he would have testified in furtherance of strategy advanced by counsel during opening arguments had trial court not repeatedly questioned him and counsel on matters related to that strategy.
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| People v. Stewart, No. 1-05-3868,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, November 2, 2007, Decided, November 2, 2007, Opinion Filed
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Overview: Residential burglary conviction was reversed as the State failed to prove requisite elements of 720 Ill. Comp. Stat. Ann. 5/19-3; defendant's statements established that he entered an apartment in the victims' building but not that defendant entered the victims' apartment, and no physical or eyewitness evidence placed him there.
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