Subject Index Constitutional Law

Building Up the Fourth Amendment

By Scott Pyles
November
2024
Article
, Page 36
Carpenter v. United States has opened new protections from disclosure of electronic data under the Fourth Amendment. However, Illinois courts have moved cautiously in this new frontier.

Armed habitual criminal statute passes challenge brought under the Second Amendment 

September
2024
Illinois Law Update
, Page 16
On June 12, 2024, the First District of the Illinois Appellate Court held the armed habitual criminal statute is constitutional under the Second Amendment and the Illinois Constitution.

Was Counterman Counterproductive?

By Jesse P. Hodierne
July
2024
Article
, Page 32
The impact in Illinois of the U.S. Supreme Court’s ruling in Counterman v. Colorado, and the overall tension between protecting free speech and protecting victims of stalking and abuse.  

Criminal Code restrictions that prohibit public firearm carriage do not violate the Second Amendment

June
2024
Illinois Law Update
, Page 16
On March 1, 2024, the Third District of the Illinois Appellate Court held that the statutes within the Illinois Criminal Code of 2012 that prohibit public firearm carriage do not violate the Second Amendment of the U.S. Constitution.

Courts unable to investigate legislature’s motives for passing a bill under the separation-of-powers doctrine

February
2024
Illinois Law Update
, Page 14
On Nov. 17, 2023, the First District of the Illinois Appellate Court held that legislative intent cannot be ruled on without invading the province of the legislature.

Convictions reversed where trial court did not suppress inculpatory statements made after invoking right to remain silent

July
2023
Illinois Law Update
, Page 16
On March 31, 2023, the First District of the Illinois Appellate Court held that a trial court erred for failing to suppress inculpatory statements made after a defendant invoked his right to remain silent.

A Will and a Way to Discriminate?

By Christian Ketter
May
2023
Article
, Page 34
Are courts state actors when enforcing discriminatory trust provisions?

A Constitutional Ship of Theseus

By Christian Ketter
March
2022
Article
, Page 40
What the “Ship of Theseus” metaphor tells us about the changes to the U.S. Constitution, its fortification of America’s principles, and warnings of the country’s allegedly inevitable demise.

Defendant’s rights not violated when courtroom was closed during sexual assault victim’s testimony

March
2022
Illinois Law Update
, Page 18
On Dec. 16, 2021, the Illinois Supreme Court reversed an Illinois Appellate Court decision for a new trial following a trial judge’s clearing of the courtroom for a minor victim’s testimony in a sexual assault case.

Free Speech and Public Education

By Christine L. Self
March
2022
Article
, Page 30
The pandemic, social media, and new curricular developments are testing the First Amendment protection of speech in education.

Liberties and Lockdowns

By Deanna Shahnami
February
2021
Article
, Page 28
Illinois COVID-19 restrictions and First Amendment rights.

Court erred in denying leave to substitute counsel from public defender when new attorney not ready for trial

December
2020
Illinois Law Update
, Page 16
On Aug. 24, 2020, the First District of the Illinois Appellate Court reversed a trial court’s decision to deny a leave to substitute counsel solely on the grounds that the new attorney was not ready for trial.

I Can’t Quite Put My Finger on It

By Thomas A. Drysdale
October
2020
Article
, Page 26
Is biometrically unlocking a digital device a self-incriminating act?

Threatening speech is not protected by the First Amendment

September
2020
Illinois Law Update
, Page 18
On June 18, 2020, the Illinois Supreme Court held that the First Amendment to the U.S. Constitution does not protect a defendant whose conversation with a school official triggered a soft lockdown and a police response.

Juvenile’s sentence of de facto life without parole violates Eighth Amendment

July
2019
Illinois Law Update
, Page 16
On April 18, 2019, the Illinois Supreme Court held that sentencing a juvenile to a prison sentence of greater than 40 years violates his or her Eighth Amendment rights because it imposes a de facto life sentence.

Disturbing speech prompting school security concerns not protected by the First Amendment

May
2019
Illinois Law Update
, Page 14
On Feb. 28, 2019, the trial court found the defendant guilty beyond a reasonable doubt and convicted him, after bench trial, of disorderly conduct not protected by the First Amendment.

First Amendment bars pastor’s claims against church

November
2018
Illinois Law Update
, Page 18
A pastor accused of sexual misconduct toward a parishioner was subjected to internal church disciplinary proceedings that exposed him to "public disgrace and scandal."

Dues Over

By Pete Sherman
August
2018
LawPulse
, Page 10
The U.S. Supreme Court's ruling in Janus grew from an Illinois case that had its end in mind from the very start.

Counsel’s failure to object to de minimis fines does not render the representation constitutionally deficient

February
2018
Illinois Law Update
, Page 18
Trial counsel's failure to object to de minimis fines does not constitute a performance so inadequate as to render the representation constitutionally deficient in violation of the Sixth Amendment's right to counsel.

Illinois high court addresses conflicts and the PD’s office, DUI blood draws

By Matthew Hector
January
2018
LawPulse
, Page 12
The Illinois Supreme Court rules that 1) a hospital blood draw does not violate the Fourth Amendment without evidence it was ordered by the police, and 2) it's not a conflict for the public defender to represent multiple codefendants.

Continuing to not extend mutual property rights to unmarried cohabitants does not violate due process or equal protection

November
2016
Illinois Law Update
, Page 18
Citing the State's unquestionable interest in the creation, regulation, and dissolution of marriage, the Illinois Supreme Court reaffirmed its 1979 Hewitt v. Hewitt holding that Illinois public policy precludes unmarried cohabitants from bringing claims against one another to enforce mutual property rights rooted in a marriage-like relationship.

Arrest but no prosecution in Fourth of July flag burning

By Matthew Hector
September
2016
LawPulse
, Page 12
The Champaign County State's Attorney explains her decision not to charge an Urbana man arrested for violating Illinois' unconstitutional but still on the books flag-desecration law.
1 comment (Most recent September 20, 2016)

Stalking and cyberstalking statutes held unconstitutional for lack of mens rea requirement

September
2016
Illinois Law Update
, Page 18
On June 24, 2016, the First District of the Illinois Appellate Court vacated a defendant's conviction and sentence for stalking and cyberstalking, finding that both crimes are unconstitutional as they lack a mens rea requirement.

DNA Evidence and the Confrontation Clause after People v. Barner

By Julia Kaye Wykoff
August
2016
Article
, Page 36
Supposed the prosecution's expert testifies about a lab report conducted by a scientist the state didn't call. Is the defendant's right to confront adverse witnesses violated? Not if the report was done for reasons other than proving the defendant's guilt.

Police’s unauthorized entry of home after auto accident violates the Fourth Amendment

August
2016
Illinois Law Update
, Page 18
On May 9, 2016, the Appellate Court of Illinois upheld a trial court's ruling to suppress evidence obtained by a warrantless entry into defendant's home.

When Is Identity Evidence Unsuppressible in a Criminal Case?

By Charles P. Burns & Michael Conte
February
2016
Article
, Page 40
Does a stop's illegality taint the evidence obtained from it? A Fourth Amendment debate in the federal courts could spill over into Illinois criminal cases.

A court-ordered Facebook post

January
2016
Article
, Page 32
A concurring appellate justice opines that a trial judge's contempt order forcing a litigant to post a retraction on Facebook violates the First Amendment.
1 comment (Most recent January 14, 2016)

Where probable cause for traffic stop exists, use of narcotics dog does not violate Fourth Amendment if stop is not unreasonably prolonged

November
2015
Illinois Law Update
, Page 20
On August 26, 2015, the Third District Appellate Court reversed the circuit court's grant of defendants' motions to suppress evidence of heroin obtained during a traffic stop.

Groundbreaking Supreme Court opinion dooms panhandling law

By Matthew Hector
October
2015
LawPulse
, Page 12
After the U.S. Supreme Court's expansion of the First Amendment, the seventh circuit invalidates Springfield's panhandling prohibition.

For Traffic Stops, Ignorance of the Law Can Be an Excuse

By Rob Shumaker
September
2015
Article
, Page 38
Recent cases from the United States and Illinois Supreme Courts hold that an officer's objectively reasonable mistake of law can justify a traffic stop.

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