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| City of Chicago v. Zappani, No. 1-06-1896,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, November 6, 2007, Decided
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Overview: City did not satisfy the good-faith requirement of the Eminent Domain Act, 735 Ill. Comp. Stat. Ann. 30/1-1-1 et seq., before bringing condemnation action where city made extremely low offers, which remained open only a short time, failed to provide the landowner any appraisal report, and made no attempt to make personal contact with the landowner.
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| Lifetec, Inc. v. Edwards, NO. 4-07-0300,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, November 6, 2007, Filed
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Overview: Where a former employer alleged that a former employee breached restrictive covenants when he worked for a competitor, a preliminary injunction was properly granted under 735 Ill. Comp. Stat. Ann. 5/11-101 because, inter alia, the employee's knowledge of pending open quotes was confidential client information.
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| People v. Collier, NO. 4-06-0981,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, November 6, 2007, Filed
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Overview: Trial court erred in sentencing defendant to four years in prison for obstructing justice based on fact she did not attend sentencing hearing; trial court violated Ill. Sup. Ct. R. 402(d)(2) and (d)(3) by not admonishing her that it was not bound by plea agreement and could sentence her in excess of it until after it had already accepted her plea.
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| People v. Gay, NO. 4-05-0915,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, November 6, 2007, Decided
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Overview: Defendant's speedy trial rights under 730 Ill. Comp. Stat. Ann. 5/3-8-10 and 725 Ill. Comp. Stat. Ann. 5/103-5(e) were not violated when defendant requested a speedy trial in three cases when he was charged with aggravated battery and defendant's trial began 38 days after judgment was entered in the pending cases.
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| People v. Kenton, NO. 4-06-0808,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, November 6, 2007, Filed
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Overview: In probation revocation action, trial court had no authority to directly order defendant to obtain inpatient treatment despite fact all the psychological experts agreed the ideal placement for defendant would have been inpatient treatment; 405 Ill. Comp. Stat. Ann. 5/3-100 provided trial court jurisdiction only over those not charged with a felony.
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| People v. Gildart, No. 1-06-1484,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, November 7, 2007, Decided, November 7, 2007, Filed
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Overview: Youth diversion/peer court charge, 55 Ill. Comp. Stat. 5/5-1101(e), (e)(2), was not unconstitutional because the charge was not intended to reimburse the State for any prosecution cost, and thus, was a fine, and survived a due process analysis as the $ 5 fine was not wildly disproportionate to underlying drug possession offense.
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| People v. Leonard, No. 1-06-2501,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, November 7, 2007, Decided, November 7, 2007, Opinion Filed
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Overview: Conviction under 720 Ill. Comp. Stat. 5/11-6(a) and a 3-year sentence were affirmed because the State presented more than enough evidence to establish both defendant's identity and intent to engage in oral sex with a child, and the sentence was within the statutory range and was not an abuse of discretion.
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| Werner v. Nebal, No. 1-06-2322,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, November 7, 2007, Decided
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Overview: Because the case fell within 235 Ill. Comp. Stat. 5/6-21, joint and several liability was proper as to the club owner. The trial court did not err when it refused to provide the jury with an instruction on the affirmative defense of provocation as there was no reason to believe that an injured person's words or gestures constituted provocation.
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| Babich v. River Oaks Toyota, No. 1-05-3728,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, November 8, 2007, Decided
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Overview: An adjuster's testimony that a chair was 8 years old was inadmissible hearsay and did not contradict the evidence that the chair was purchased earlier, and a 10-year limitations period under 735 Ill. Comp. Stat. Ann. 5/13-213(b) applied to bar a claimant's products liability claim. A derivative negligent spoliation claim was likewise time-barred.
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