The Illinois Supreme Court handed down one opinion on Thursday, December 5. In People v. Eubanks, the court held 625 ILCS 5/11-501.2(c)(2) unconstitutional as applied to the defendant. Section 501.2(c)(2) permits the warrantless collection and testing of an individual’s blood, breath, or urine for alcohol or drugs if the police have probable cause to believe that the individual was driving under the influence and was involved in a motor vehicle accident causing death or personal injury to another.
Supreme Court Quick Takes
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The Illinois Supreme Court handed down nine opinions on Thursday, November 21. Full summaries of the opinions are available below.
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The Illinois Supreme Court handed down one opinion on Thursday, October 24. In Yakich v. Aulds, the court vacated a circuit court judgment, which declared unconstitutional section 513 of the Illinois Marriage and Dissolution of Marriage Act.
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The Illinois Supreme Court handed down two opinions on Friday, October 18. In People v. Murray, the court reversed a defendant’s conviction of unlawful possession of a firearm by a street gang member on the basis that the Illinois Streetgang Terrorism Omnibus Prevention Act requires proof of specific offenses in order to satisfy the “course or pattern of criminal activity” element necessary to establish that an individual is a street gang member. In People v. Austin, the Supreme Court rejected a circuit court’s determination that a criminal charge against a woman who distributed private sexual images of her ex-fiancee’s lover violated her first-amendment rights.
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The Illinois Supreme Court handed down four opinions on Thursday, September 19. In Accettura v. Vacationland, Inc., the court clarified the distinction between rejection and revocation of acceptance for purposes of the Illinois version of the Uniform Commercial Code. In Carmichael v. Union Pacific Railroad Co., the court provided instruction on what is a proper counterclaim under section 2-608 of the Code of Civil Procedure and explained that a counterclaim is an independent, substantive cause of action that seeks affirmative relief and must stand or fall on its own merits. In People v. Custer, the court considered whether to extend the procedures established in Krankel and its progeny to proceedings commenced under the Post-Conviction Hearing Act and declined to do so. In People v. Smith, the court upheld the convictions of two defendants for aggravated battery of a senior citizen.
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August 1, 2019 |
Practice News
The Illinois Supreme Court handed down one opinion on Thursday, Aug. 1. In People v. Johnson, the court held that the act of shoplifting could be prosecuted as burglary as opposed to retail theft.
By Kerry J. Bryson, Office of the State Appellate Defender
In July 2014, Darren Johnson and another man entered the Rock Falls Walmart, placing two backpacks on top of a coin counting machine in the vestibule on their way into the store. Inside, they gathered some items of clothing and then, without paying for the clothing, returned to the vestibule, retrieved the backpacks, and loaded the clothing into the backpacks. They repeated this process a second time. A customer called the police, and Johnson was stopped outside of the store. Johnson admitted stealing the clothing, telling the police it was for his daughter.
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June 20, 2019 |
Practice News
The Illinois Supreme Court issued five opinions on Thursday, June 20. The ISBA's panel of leading civil attorneys reviewed the opinions and provided summaries. In Nichols v. Fahrenkamp, the court took on the question of whether quasi-judicial immunity extends to court-appointed guardians ad litem in the context of the administration of funds from a personal injury lawsuit. The court dismissed a man’s class action lawsuit against Walgreens on the grounds that his claim was precluded under the voluntary payment doctrine in McIntosh v. Walgreens Boots Alliance, Inc. In County of Will v. Pollution Control Board, the court upheld the board’s determination that groundwater monitoring regulations were unnecessary to protect groundwater from clean construction and demolition debris and uncontaminated soil fill operations. In Ward v. Decatur Memorial Hospital, the court weighed in on whether res judicata bars a plaintiff from refiling an action because he voluntarily dismissed the third amended complaint after a circuit court involuntarily dismissed several counts from the original, first, and second amended complaints in the initial action. The court addressed whether a court may impose sanctions in the form of attorney fees under Illinois Supreme Court Rule 137(a) against a plaintiff to compensate an attorney defending himself against a frivolous cause of action in McCarthy v. Taylor.
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June 6, 2019 |
Practice News
The Illinois Supreme Court handed down one opinion on Thursday, June 6. In People v. Clark, the court affirmed that a defendant’s bail bond violation constituted escape.
By Kerry J. Bryson, Office of the State Appellate Defender
Elizabeth Clark had a history of substance abuse. In October 2012, Clark pled guilty to burglary and unlawful use of a credit card and, pending sentencing, she was released for treatment. Ultimately, Clark was sentenced to 90 days in jail and 30 months of probation. Clark subsequently violated that probation twice. She was taken into custody and then released on a temporary recognizance bond to be transported directly to an inpatient treatment facility. Clark successfully completed inpatient treatment, and the bond was modified to allow her to enter a halfway house providing extended residential care following substance abuse treatment. The bond modification provided that if Clark was released or discharged from the halfway house for any reason, she was to immediately return to the custody of the Will County Jail using the most direct route of travel and without delay.
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May 23, 2019 |
Practice News
The Illinois Supreme Court issued three opinions on Thursday, May 23. The ISBA's panel of leading civil attorneys reviewed the opinions and provided summaries. In LMP Services, Inc. v. City of Chicago, the court ruled that Chicago’s food truck regulations are constitutional. In Roberts v. Board of Trustees of Community College District No. 508, the court dismissed retaliatory discharge and whistleblower claims brought by a former Malcolm X College employee against City Colleges of Chicago. In Doe v. Coe, the court weighed in on the elements of torts of negligent and willful and wanton hiring, retention, and supervision.
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April 18, 2019 |
Practice News
The Illinois Supreme Court issued three opinions on Thursday, April 18. The ISBA's panel of leading appellate and civil attorneys reviewed the opinions and provided summaries. In People v. Buffer, the court upheld the appellate court’s decision to vacate a defendant’s 50-year prison sentence imposed for a crime he committed when he was 16 years old and remanded the case for resentencing. In People v. Kimble, the court denied a man’s motion to bar his reprosecution on double jeopardy grounds where the trial judge declared a mistrial after the jury was deadlocked. Fillmore v. Taylor addresses whether an inmate can seek relief against the Department of Corrections pursuant to mandamus or a common-law writ of certiorari based on allegations that the Department failed to follow relevant regulations.