Subject Index Constitutional Law

On July 9, 2003, the Appellate Court of Illinois, Second District, affirmed the order of the Circuit Court of Du Page County granting the former husband's request for a change of custody and denying his request for termination of unallocated support.

On June 19, 2003, the Illinois Supreme Court held that the evidence obtained in a traffic stop that was based upon an anonymous tipper who overheard a cellular phone conversation on a police scanner was not obtained in violation of the Illinois eavesdropping statute, federal wiretapping statutes, or constitutional protections against unreasonable searches and seizures.

On June 19, 2003, the Illinois Supreme Court held that the provisions under P. A. 91-0404, §5, effective January 1, 2000.

On June 26, 2003, the Appellate Court of Illinois, Fifth District, reversed both the order of the Circuit Court of Richland County denying the defendant's motion to suppress evidence and the defendant's conviction of unlawful possession of a firearm by a felon.

On May 23, 2003, the Appellate Court of Illinois, Third District, reversed the order of the circuit court of Will County.

On May 22, 2003, the Illinois Supreme Court held that section 11-20.1(f) of the Illinois child pornography statute, 720 ILCS 5/11.20.1(f) (2001).

On February 7, 2003, the Appellate Court of Illinois, Fourth District, affirmed the order of the Circuit Court of Champaign County finding the defendant guilty of violating the conditions of his supervision and sentencing him to detention and conditional discharge.

On January 15, 2003, the Appellate Court of Illinois, Fourth District, affirmed the order of the circuit court of Champaign County denying the defendant's motion to dismiss four of five counts of an indictment on grounds of double jeopardy.

On January 24, 2003, the Illinois Supreme Court affirmed the appellate court, and held that section 9-3(b) of the Criminal Code of 1961, 720 ILCS 5/9-3(b).

On December 13, 2002, the Appellate Court of Illinois, First District, reversed the order of the Circuit Court of Cook County and held that a village of Midlothian ordinance violated the due process clauses of the United States and Illinois Constitutions.

On December 5, 2002, the Illinois Supreme Court affirmed the circuit court and held that section 6-16(c) of the Liquor Control Act of 1934, 235 ILCS 5/6-16(c), was unconstitutionally vague on its face.

On November 21, 2002, the Illinois Supreme Court affirmed the trial court and concluded that, as applied to this juvenile defendant, the multiple-murder sentencing statute violated the proportionate penalties clause in article I, §11 of the Illinois Constitution.

On October 3, 2002, the Illinois Supreme Court held section 110-4(b) of the Code of Criminal Procedure, 725 ILCS 5/110-4(b), unconstitutional because it violated the guarantee of due process in article I, section 9 of the Illinois Constitution.

On October 18, 2002, the Illinois Supreme Court held that the defendant's Fourth Amendment rights were violated when the police stopped him at a roadblock created to gather information about a hit and run accident .

On October 18, 2002, the Illinois Supreme Court held that interested parties had the due process right to cross-examine adverse witnesses at a joint hearing involving a special use permit.

On September 19, 2002, the Illinois Supreme Court held that the plaintiffs, a private citizen and a watchdog group, did not have standing to recover funds for Illinois taxpayers that were illegally received by employees of the Secretary of State's Office.

On September 19, 2002, the Illinois Supreme Court held that the provisions of section 2-28(3) of the Juvenile Court Act, which gives parties an immediate right to appeal permanency orders.

On August 29, 2002, the Illinois Supreme Court addressed whether a circuit court could summarily dismiss as untimely a defendant's post-conviction petition at the first stage of post-conviction proceedings.

On June 6, 2002, the Appellate Court of Illinois, Second District, reversed the decision of the Circuit Court of Lake County and concluded that the prosecution violated double jeopardy when it charged the defendant with reckless homicide after he previously pled guilty to reckless driving.

On May 24, 2002, the Appellate Court of Illinois, Second District, affirmed the decision of the Circuit Court of DuPage County and held that certain statements the defendant made as to ownership of items in his vehicle were properly suppressed by the trial court.

On May 28, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the holding of the United States District Court for the Central District of Illinois and the defendant's conviction.

On April 18, 2002, the Supreme Court of Illinois reversed the decision of the appellate court and reinstated the defendant's drug conviction.

On January 25, 2002, the Illinois Supreme Court affirmed the appellate court and held that the separation of powers doctrine is not violated when, in a case concerning the fitness of a parent, the county is required to pay for an indigent mother's appellate counsel fees.

On November 21, 2001, the Illinois Supreme Court reversed the appellate court's decision to grant a defendant's interlocutory appeal, holding that the Illinois Constitution does not provide a witness with a privilege against self-incrimination because of a potential criminal prosecution against him by a foreign sovereign.