Section Newsletters

Articles From Mark Kevin Wykoff, Sr.

Editors’ Column: Pretrial Fairness - One Year Later By Mark Kevin Wykoff, Sr. Criminal Justice, September 2024 A note from Co-Editor Mark Kevin Wykoff, Sr. on the one-year anniversary of the Pretrial Fairness Act.
Voluntary Intoxication to Negate Specific Intent? People v. Grayer Gives the Green Light By Mark Kevin Wykoff, Sr. Criminal Justice, March 2024 The Illinois Supreme Court recently considered whether evidence of voluntary intoxication is relevant to the issue of intent given that the legislature amended section 6-3 of the Criminal Code of 1961, removing voluntary intoxication as an affirmative defense
Editors’ Column By Mark Kevin Wykoff, Sr. & Julia Kaye Wykoff Criminal Justice, November 2023 An introductory note from the co-editors.
The Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act Passes Constitutional Muster By Mark Kevin Wykoff, Sr. Criminal Justice, August 2023 The Illinois Supreme Court recently considered the constitutionality of Public Acts 101-652 and 102-1104, which dramatically changed the statutory framework for pretrial release of criminal defendants in Illinois.
1 comment (Most recent August 15, 2023)
2023 Spring Criminal Legislation By Julia Kaye Wykoff & Mark Kevin Wykoff, Sr. Criminal Justice, May 2023 Summaries of recent legislation of interest.
Practice Pointer: Is a Jury Trial Waiver Irrevocable in All Circumstances? Not Always. By Mark Kevin Wykoff, Julia Kaye Wykoff, & Daniel Fultz Criminal Justice, November 2022 In People v. Bracey, the defendant argued before the appellate court that his jury waiver, executed prior to his first trial, was not valid with respect to his second trial.
Probable Cause Following the Legalization of Cannabis By Mark Kevin Wykoff Criminal Justice, November 2022 In People v. Stribling, the appellate court considered whether, based on the recent legalization of the possession of cannabis, the odor of cannabis rises to the level of sufficient probable cause to search a vehicle.
Casenote: People v. Johnson By Mark Kevin Wykoff & Julia Kaye Wykoff Criminal Justice, April 2022 In People v. Johnson, the Illinois Supreme Court considered whether defense counsel’s failure to seek the testing of a potentially exculpatory DNA sample constituted the ineffective assistance of counsel.
Casenote: People v. Hartfield By Mark Kevin Wykoff, Sr. Criminal Justice, September 2021 In People v. Hartfield, the appellate court considered whether Kelvin Hartfield’s speedy-trial rights were violated.
People v. Sophanavog: Waivers at Plea and the Ripple Effect By Mark Kevin Wykoff, Sr. & Julia Kaye Wykoff Criminal Justice, December 2020 In August, the Illinois Supreme Court issued its opinion in People v. Sophanavong, where the court considered whether a circuit court’s failure to strictly comply with the requirements of section 5-3-1 of the Unified Code of Corrections to forgo a presentence investigation report requires remand for a new sentencing hearing or whether a defendant can waive the issue by pleading guilty as well as forfeit the claim by failing to raise it in a post-plea motion.
Case Note: People v. Morger By Mark Kevin Wykoff & Julia Kaye Wykoff Criminal Justice, April 2020 In People v. Morger, the Illinois Supreme Court considered whether a “complete ban on accessing ‘social networking websites’ as a condition of probation is unreasonable and unconstitutional under the First Amendment.”
Case Note: People v. Peterson By Mark Kevin Wykoff, Sr. & Julia Kaye Wykoff Criminal Justice, November 2019 The Illinois Supreme Court affirmed the lower court's first-degree murder conviction and sentence in People v. Peterson.
SORA on appeal after People v. Bingham By Julia Kaye Wykoff & Mark Kevin Wykoff Criminal Justice, February 2019 The Illinois Supreme Court recently considered the constitutionality of the Sex Offender Registration Act in People v. Bingham.
Illinois Supreme Court confirms Peterson conviction By Mark Kevin Wykoff Criminal Justice, December 2017 The Supreme Court considered whether under separation of powers principles, the common-law doctrine of forfeiture by wrongdoing governed the admission of the hearsay statements.
People v. Castleberry: The death of the void-sentence rule By Mark Kevin Wykoff & Julia Kaye Wykoff Criminal Justice, April 2017 People v. Castleberry has changed the landscape for purposes of raising and preserving issues in higher courts—all members of the criminal bar must be mindful of this new precedent and govern their advocacy accordingly.
Case notes By Kim D. Chanbonpin, Blair J. Pooler, Donald D. Bernardi, Mark Kevin Wykoff, Sr., & Diana Lenik Criminal Justice, February 2014 Recent cases of interest to criminal law practitioners.
Case notes By Hon. John A. Wasilewski, Hon. Richard D. Russo, Jessica Koester, Hon. Thomas A. Else, Ava George Stewart, & Mark Kevin Wykoff Criminal Justice, June 2013 Recent cases of interest to criminal law practitioners.
Governmental involvement necessary for statement to be considered testimonial hearsay By Mark Kevin Wykoff, Sr. Criminal Justice, April 2013 The Illinois Appellate Court, in People v. Richter, held that governmental involvement is required for a statement to be considered testimonial hearsay. Given that defendant’s statements were not made to government officials, and that there was no governmental involvement in the creation of the statements, the statements did not constitute testimonial hearsay. Thus, the hearsay evidence was admissible at his trial.
Case note By Mark Kevin Wykoff Criminal Justice, November 2012 In People v. McKinney, Defendant pled guilty to burglary based on the erroneous advice of counsel. The issue before the appellate court was whether Defendant was entitled to withdraw his plea and pursue his request for admission to the program.
Case note By Mark Kevin Wykoff, Sr. Criminal Justice, August 2012 A summary of The People ex rel. James W. Glasgow, Petitioner, v. Gerald R. Kinney, Judge, Respondent.
Case notes By Andrea Mesko, Mark Kevin Wykoff, Sr., Jesus Ricardo Rivera, David B. Franks, & James Stern Criminal Justice, March 2012 Recent cases of interest to criminal law practitioners.
Case notes By Hon. John A. Wasilewski, Mark Kevin Wykoff, Sr., Steve Baker, & John J. Rekowski Criminal Justice, November 2011 Recent cases of interest to criminal attorneys.

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