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| Burgess v. Brooks, NO. 5-06-0273,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, November 5, 2007, Decided, November 5, 2007, Opinion Filed
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Overview: Provision of workers' compensation settlement agreement was insufficient to constitute waiver of State's right to 820 Ill. Comp. Stat. 305/5(b) reimbursement lien because, although the provision appeared to cover "any right" to the claim under any section of Workers' Compensation Act, it failed to specifically mention State's right to a lien.
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| Luss v. Vill. of Forest Park, Nos. 1-06-0731; 1-06-2839 (Cons.),
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, November 5, 2007, Decided, November 5, 2007, Opinion Filed
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Overview: A trial court properly granted summary judgment to a store and employees under the shopkeeper's privilege, 720 Ill. Comp. Stat. Ann. 5/16A-5 (2006), and to police officers and a department under 745 Ill. Comp. Stat. Ann. 10/4-105 (2006) of the Tort Immunity Act, arising from an incident wherein a shoplifter hung himself in a detention cell.
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| People v. Diaz, No. 1-06-2690,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, November 5, 2007, Decided, November 5, 2007, Opinion Filed
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Overview: Officer's observation of defendant with bloodshot eyes, mumbled speech, and odor of alcohol, and officer's testimony defendant failed one-leg stand test, provided sufficient evidence to convict defendant of aggravated DUI under 625 Ill. Comp. Stat. Ann. 5/11-501. Claims of ineffective assistance of counsel failed in light of overwhelming evidence.
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| People v. Johnson, NOS. 5-05-0461 & 5-05-0620 (cons.),
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, November 5, 2007, Opinion Filed
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Overview: First-stage dismissal of inmate's post-conviction petition under 725 Ill. Comp. Stat. 5/122-1 et seq. was error because some claims were not subject to first stage dismissal, and thus the entire petition was required to be docketed for second-stage proceedings. Exhibits attached to the petition and citations to the record were sufficient.
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| People v. Love, No. 1-06-0446,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, November 5, 2007, Decided, November 5, 2007, Opinion Filed
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Overview: First degree murder conviction was upheld, as that fact that defendant was the only person in a line up wearing braids did not render the line up impermissibly suggestive, the allegedly improper remarks by the prosecutor were invited by defense counsel's closing arguments, and trial court's directive to jury to "keep deliberating" was not coercive.
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| People v. Owens, No. 1-06-0445,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, November 5, 2007, Decided, November 5, 2007, Opinion Filed
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Overview: Sentencing order was vacated, and the cause was remanded for a new sentencing hearing because the sentencing court erred in determining defendant was eligible for Class X sentencing under 730 Ill. Comp. Stat. Ann. 5/5-5-3(c)(8) as the court's finding relied on an impermissible double enhancement.
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| Shuttlesworth v. City of Chicago, No. 1-06-3433,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, November 5, 2007, Decided, November 5, 2007, Opinion Filed
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Overview: No genuine issue of material fact existed, and officers' conduct in a pursuit was not wilful and wanton for purposes of liability under 745 Ill. Comp. Stat. Ann. 10/2-109, 2-202; initiating pursuit was not improper, weather was clear, traffic was light, roads were dry, and failure to activate lights and siren was not wilful and wanton conduct.
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| Voga v. Voga, No. 2-07-0176,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, November 5, 2007, Decided
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Overview: Denial of special representative's motion to vacate summary judgment ruling for divorced wife was proper; both her divorce action and her 735 Ill. Comp. Stat. Ann. 5/2-1901 lis pendens were filed before decedent obtained judgment lien and, thus, decedent was bound by divorce action ruling divesting son, a debtor, of any interest in her property.
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