Jerry's Journal
Illinois Law, News, and Information
Illinois Supreme Court
In re Marriage of O’Brien, 2011 IL 109039 (August 4, 2011)
Tweet In re Marriage of O’Brien, 2011 IL 109039 (August 4, 2011). In a petition for substitution for cause, the reviewing judge correctly ruled that the sitting judge’s substitution for cause was unwarranted. No prejudice or bias on the part of the judge was proven, and the judge’s participation does not offend any notions of [...]
Tags: Substitution of Judge
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People v. White, 2011 IL 109689 (August 4, 2011)
Tweet People v. White, 2011 IL 109689 (August 4, 2011). The judgment of the appellate court insofar as it upheld defendant’s conviction for first degree murder is affirmed; however, the Court finds that the appellate court’s pronouncements on the substantive issues are dicta, as the facts of this case do not bring it within the [...]
Tags: Criminal, Sixth Amendment
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Genius v. County of Cook, 2011 IL 110239 (June 16, 2011)
Tweet Genius v. County of Cook, 2011 IL 110239 (June 16, 2011). The Cook County Employee Appeals Board possessed jurisdiction to discharge plaintiff from his position as a police officer with the Forest Preserve District of Cook County, regardless of whether the employee’s department head had actually discharged him or had merely recommended discharge, because [...]
Tags: Public Employment, Termination
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People ex rel. Department of Corrections v. Hawkins, 2011 IL 110792 (June 16, 2011)
Tweet People ex rel. Department of Corrections v. Hawkins, 2011 IL 110792 (June 16, 2011). Where, pursuant to provisions of the Unified Code of Corrections, the Department of Corrections deducted portions of an inmate’s prison wages earned during incarceration for expenses arising from that incarceration, with his remaining prison wages placed in a bank account [...]
Tags: Corrections
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Studt v. Sherman Health Systems, 2011 IL 108182 (June 16, 2011)
Tweet Studt v. Sherman Health Systems, 2011 IL 108182 (June 16, 2011). Illinois Pattern Jury Instructions, Civil, No. 105.01 (2006) does not accurately state Illinois law as to, first, the type of evidence a jury may consider in determining whether a physician has complied with the standard of care and, second, the standard of care [...]
Tags: Civil Procedure
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People v. Ward, 2011 IL 108690 (June 16, 2011)
Tweet People v. Ward, 2011 IL 108690 (June 16, 2011). In a trial for criminal sexual assault, evidence admitted under section 115.73 of the Code of Criminal Procedure that a defendant had committed a criminal sexual assault against another female at a different time is admissible, as is evidence that he was tried for that [...]
Tags: Criminal Procedure
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People v. White, 2011 IL 109616 (June 16, 2011)
Tweet People v. White, 2011 IL 109616 (June 16, 2011). Where the factual basis entered for a guilty plea makes it clear that a defendant is subject to a mandatory sentencing enhancement, a trial court judgment imposing a sentence that does not include the enhancement on the basis that the enhancement was excluded by the [...]
Tags: Sentencing Enhancement
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Snyder v. Heidelberger, 2011 IL 111052 (June 16, 2011)
Tweet Snyder v. Heidelberger, 2011 IL 111052 (June 16, 2011). The limitations and repose provisions concerning legal malpractice provide that an action must be brought within two years of the time at which the plaintiff knew or reasonably should have known of the injury, but no more than six years after the act or omission [...]
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Wirtz v. Quinn, 2011 IL 111903 (July 11, 2011)
Tweet Wirtz v. Quinn, 2011 IL 111903 (July 11, 2011). Single-Subject Rule. Public Acts 96-34, 96-35, 96-37, and 96-38 (a.k.a. the Captial Bills Acts) do not violate the Single-Subject Rule of the Illinois Constitution.
Tags: Single-Subject Rule
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In re Jonathon C.B., a Minor, No. 107750 (Ill. Sup. Crt. June 30, 2011)
Tweet In re Jonathon C.B., a Minor, No. 107750 (Ill. Sup. Crt. June 30, 2011). (1) Jonathon’s conviction of criminal sexual assault was affirmed because, viewing the evidence in a light most favorable to the State, a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. (2) [...]
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Snyder v. Heidelberger, No. 111052 (Ill. Sup. Crt. June 16, 2011)
Tweet Snyder v. Heidelberger, No. 111052 (Ill. Sup. Crt. June 16, 2011). The statute of repose barred plaintiff’s legal malpractice claim.
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People v. Hawkins, No. 110792 (Ill. Sup. Crt. June 16, 2011)
Tweet People v. Hawkins, No. 110792 (Ill. Sup. Crt. June 16, 2011). The Illinois Department of Corrections was not entitled to the recovery of the costs of defendant’s incarceration and it is precluded from taking money earned while working for the prison industry.
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Genius v. Cook County, No. 110239 (Ill. Sup. Crt. June 16, 2011)
Tweet Genius v. Cook County, No. 110239 (Ill. Sup. Crt. June 16, 2011). The Cook County Employee Appeals Board did possess jurisdiction to discharge the plaintiff from his position as a police officer with the Forest Preserve District of Cook County.
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Sheffler v. ComEd, No. 110166 (Ill. Sup. Crt. (June 16, 2011)
Tweet Sheffler v. ComEd, No. 110166 (Ill. Sup. Crt. (June 16, 2011). As the lower courts found, remedies sought pursuant to section 16–125 of the Public Utilities Act must be sought exclusively through the Commission. Consequently, the circuit court had no jurisdiction over plaintiffs’ proposed fourth amended complaint and, therefore, the proposed amendment would not [...]
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