Subject Index Criminal Law and Procedure

On Jan. 23, 2025, the Second District of the Illinois Appellate Court held that pretrial release sanctions are not exceptions to the County Jail Good Behavior Allowance Act.

On Dec. 17, 2024, the Fourth District of the Illinois Appellate Court held that a victim owed restitution may pursue contempt actions in a criminal proceeding.

On Nov. 21, 2024, the Illinois Supreme Court held that under the Pretrial Fairness Act, the state is not required to disprove every condition that could mitigate safety threats posed by a defendant to deny pretrial release.

On Nov. 22, 2024, the First District of the Illinois Appellate Court held that eyewitness testimony is insufficient to hold a defendant guilty of murder when the testimony runs risk of errors according to modern social science research.

On Nov. 21, 2024, the Illinois Supreme Court held the state violates due process by prosecuting a defendant after previously dismissing charges through nolle prosequi as part of a binding agreement that the defendant performed.

On Dec. 3, 2024, the First District of the Illinois Appellate Court held that photographs showing marks and swelling are insufficient to show physical abuse but can indicate excessive corporal punishment.

On Oct. 18, 2024, the Illinois Supreme Court held that the state does not need independent corroborating evidence when a defendant admits to only one element of an offense.

On Oct. 3, 2024, the Illinois Supreme Court held that a grand jury indictment should not be dismissed unless the defendant can show “actual and substantial” prejudice that unequivocally infringed on due-process rights.

On Sept. 20, 2024, the First District of the Illinois Appellate Court held that the state must demonstrate more than just the defendant’s presence in a vehicle where a weapon was found to establish knowledge for convictions of unlawful use of a weapon.

On Sept. 19, 2024, the Illinois Supreme Court held that the odor of burnt cannabis alone is insufficient for probable cause to conduct a warrantless search.

On Aug. 14, 2024, the Fifth District of the Illinois Appellate Court held that if a defendant waives their Miranda rights, the fact finder has the right to observe the defendant’s nonverbal behavior during a video-recorded confession.

On Aug. 26, 2024, the First District of the Illinois Appellate Court held that no Equal Protection rights violation occurs when a sex offender who abuses a close relative receives a harsher punishment than they otherwise would have if they were unrelated to the victim.

On Aug. 26, 2024, the First District of the Illinois Appellate Court held that a parent who was aware of child-abuse allegations against another, yet continued to allow that person unsupervised access to their child, could be found to have inflicted sexual abuse on the child.

On Aug. 23, 2024, the First District of the Illinois Appellate Court held that a man who pleaded guilty to a traffic ticket cannot use the compulsory joinder statute to bar the state from pursuing separate felony charges that arose from the same incident as the traffic ticket.

On July 11, 2024, the First District of the Illinois Appellate Court held that the definition of conviction in the record-sealing provisions of the Criminal Identification Act does not include bond forfeitures in traffic cases.

The Illinois General Assembly amended the Pretrial Services Act. A new office in the Illinois judicial branch known as the “Office of Statewide Pretrial Services” has been established.

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.

On June 7, 2024, the Second District of the Illinois Appellate Court held a defendant’s motion for pretrial release must be heard in a timely manner.

On May 23, 2024, the Illinois Supreme Court held that if a motion to reconsider conviction is untimely, a notice of appeal is also untimely.

On May 28, 2024, the Fourth District of the Illinois Appellate Court held that mob action is a detainable offense.

On May 28, 2024, the First District of the Illinois Appellate Court held that pretrial detention can be ruled necessary when a defendant has an established history of disregarding restrictions.

On April 19, 2024, the Third District of the Illinois Appellate Court held that a defendant receiving three convictions stemming from one act is a violation of the one-act, one-crime doctrine.

On May 3, 2024, the First District of the Illinois Appellate Court held that use of a firearm in commission of a crime while on conditional release is clear and convincing evidence that a defendant poses a real and present threat to the community.

On Feb. 28, 2024, the Fourth District of the Illinois Appellate Court held that defendants may not be detained pending hearings to revoke probation when the petition does not allege that the defendant committed a felony or class A misdemeanor.

On March 5, 2024, the Fifth District of the Illinois Appellate Court held that failure to conduct either a preliminary hearing or indictment is structural error.

On Feb. 8, 2024, the Fifth District of the Illinois Appellate Court held that a postconviction counsel’s failure to comply with Illinois Supreme Court Rule 651(c) does not require reversal when subsequent postconviction counsel complies with the Rule.