Subject Index Evidence

On June 7, 2007, the Illinois Appellate Court, Fifth District, affirmed the decision of the Circuit Court of Jackson County allowing Michael Rath to present evidence of Carbondale Nursing and Rehabilitation Center's negligence despite the nursing home's admission of certain acts of negligence.

20 Ill Adm Code 1286 has been amended by adding sub-section 1286.75, effective May 1, 2007. 

On August 23, 2006, the Illinois Appellate Court, First District, affirmed in part, reversed in part, and remanded for a retrial where the Circuit Court of Cook County held that settling defendants to a personal injury action were not to be considered during the jury's apportionment of fault.

On June 2, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, Second District, reversing and remanding the decision of the Circuit Court of Lake County to strike the affidavit of an expert witness because the witness lacked an Illinois professional license. 

On June 6, 2006, the Illinois Appellate Court, Second District, reversed the decision of the Circuit Court of DuPage County, which had ordered the issuance of a two-year plenary order of protection based upon testimony by respondent's ex-wife stating their daughter returned with a large welt on her leg after spending 11 hours with the respondent.

On March 23, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, Second District, holding that evidence admitted against the defendant at trial was properly admitted and that section 5-4-3 of the Unified Code of Corrections, which requires convicted felons to submit DNA samples to the police, does not violate the United States Constitution. 

On January 21, 2005, the Illinois Supreme Court found that the circuit court did not abuse its discretion in admitting the evidence in question and upheld the appellate court's affirmance of the convictions.

An amendment to the Illinois Procurement Code, effective January 1, 2004, provides that no person or business who was found to have willfully or knowingly violated §42 of the Environmental Protection Act.

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 April 17, 2003, the Illinois Supreme Court upheld the defendant's conviction of murder in the first degree and of unlawful possession of a stolen or converted motor vehicle.

On March 31, 2003, the Appellate Court of Illinois, First District, affirmed the judgment of the circuit court of Cook County convicting the defendant of first-degree murder and sentencing him to 35 years in prison.

On April 17, 2003, the Illinois Supreme Court held that a trial court may not tax as costs the professional fee charged by a nonparty treating physician for his participation in an evidence deposition.