The Illinois Supreme Court handed down one opinion on Thursday, August 2. The court reversed a summary judgment in favor of the City of Danville in a case in which a plaintiff sued the municipality after tripping and falling on an uneven seam in a sidewalk.

Monson v. City of Danville

By Joanne R. Driscoll, Forde Law Offices LLP

On a subject frequently visited by the Illinois Supreme Court, tort immunity, the Court was called upon to refine the contours of sections 2-109 ad 2-201 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/2-109, 2-201 (West 2012)) and to determine whether section 3-102(a) of the Act (id. § 3-102(a)) supersedes those provisions. The majority opinion and the concurrence provide an interesting read on statutory interpretation.

The Illinois Supreme Court handed down three opinions on Thursday, May 24. The court upheld the constitutionality of the Vehicle Code’s definition of "low-speed gas bicycle" in People v. Plank, considered the application of the officer suit exception to sovereign immunity in Parmar v. Madigan, and determined whether statutory changes apply retroactively to two Freedom of Information Act requests in Perry v. Department of Financial and Professional Regulation.

The Illinois Supreme Court handed down four unanimous opinions on Thursday, March 22. The court considered the manner, scope, and extent of voir dire in People v. Encalado, concluding that the trial court did not abuse its discretion in denying the defendant’s proposed voir dire question. Relying on statutory construction principles and legislative intent, the court upheld a first degree murder conviction in People v. Manning. In People ex rel. Berlin v. Bakalis, the court directed the circuit court to vacate the defendant's one-year term of mandatory supervised release and impose the mandatory four-year term required under the Unified Code of Corrections. Lastly, the court affirmed the lower courts' ruling that State Farm's insured could recover underinsured motorist coverage in Thounsavath v. State Farm Mutual Automobile Co.

People v. Manning

By Kerry J. Bryson, Office of the State Appellate Defender

Arthur Manning was charged with first degree murder arising out of the stabbing death of a “highly intoxicated and ultimately an unwelcome visitor at a residence occupied by defendant” and others. At trial, there was evidence of a fight between the decedent and several of the residents including Manning, who had been armed with a knife. The jury was instructed on self defense and second degree murder at Manning’s request.

The Illinois Supreme Court handed down an opinion today in People v. Chairez. At issue in this case was the constitutionality of a section of the unlawful use of a weapon statute that prohibits an individual from carrying or possessing a firearm within 1000 feet of a public park. Kerry Bryson of the Office of the State Appellate Defender reviews the court's ruling.

People v. Chairez

Over the past several years, constitutional challenges to various provisions of the unlawful use of weapons (UUW) statute have made their way through the courts. Chairez involves another such challenge, specifically with regard to the provision prohibiting an individual from carrying or possessing a firearm within 1000 feet of a public park [720 ILCS 5/24-1 (a)(4), (c)(1.5)].

In 2013, Julio Chairez pled guilty to possessing a firearm within 1000 feet of a park in Aurora. Subsequently, Chairez filed a post-conviction petition arguing that the statute violated the second amendment and seeking to vacate his conviction. The circuit court agreed, and the case proceeded directly to the Illinois Supreme Court.