On July 12, 2023, the Third District of the Illinois Appellate Court held that an amended mandatory supervised release (MSR) term only applies to sentencing after it came into effect.
On Dec. 6, 2022, the Fourth District of the Illinois Appellate Court held that knowledge of the possibility of a DUI charge at the commencement of prosecution required the charge’s compulsory joinder and the DUI charge was properly dismissed on speedy-trial grounds.
The Illinois Supreme Court recently enacted a new Rule 45, providing postpandemic procedures for remote and in-person court. When might Illinois judges require in-person or permit remote proceedings?
On Mar. 29, 2022, the First District of the Illinois Appellate Court affirmed a judgment of the trial court granting the defendant’s request for a speedy trial over the defense counsel’s objection.
If you’re not careful, pleading mutually exclusive alternative facts can result in damning judicial admissions, self-defeating claims, or seriously impaired credibility.
The existing law surrounding incomplete impeachment and practical tips for lawyers when confronting witnesses with their prior inconsistent statements.
On April 26, 2021, the First District of the Illinois Appellate Court ruled a trial judge improperly relied on his belief of the effects of police training on the ability to identify a face from a distance.
On Sept. 28, 2020, the First District of the Illinois Appellate Court held that the trial court did not abuse its discretion in declining to hear a motion for continuance when the defendant and his attorney could have participated in the trial but chose not to.
When does the Sixth Amendment require prosecutors to produce a live witness rather than an out-of-court statement against a defendant? Here's a look at the latest developments.
By J. Timothy Eaton, Michael W. Rathsack, & Michael T. Reagan
March
2013
Article
, Page 142
More and more Illinois courts are upholding general verdicts if there is any error-free basis for doing so. They should do the opposite, these authors say.
A plaintiff is allowed to correct the mistaken identity of a defendant in a suit to establish liability under the Dramshop Act when the relation-back factors of state law are satisfied, according to the Appellate Court for the Fourth District of Illinois.
Assume a state-court case with multiple defendants who are served at different times - how do you calculate the deadline for removing it to federal court? Here's a look.
Substituting a judge as of right - even fairly well into your case - is easier than you might think, and easier in some appellate districts than others. Here's a review.
