A cautionary tale in criminal casesBy Hon. Celia G. GamrathBench and Bar, October 2015The rulings in Seal and Ames demonstrate the Appellate Court is willing to reverse a conviction where the defendant is not given Rule 401(a) admonishments at the time he waives counsel.
Case notesBy Steve Baker, Sandra L. Byrd, & Laura HornerCriminal Justice, January 2015Recent cases of interest to criminal law practitioners.
Case notesBy Steve Baker, Edward Wasilewski, Tara H. Ori, & Lynn CavalloCriminal Justice, December 2014Recent cases of interest to criminal law practitioners.
Case notesBy Paul J. Cain & Angela RollinsCriminal Justice, June 2014Summaries of the recent cases of People v. Pikes and People v. Cleary.
The Fourth Amendment and warrantless searches of a shared dwellingBy Rob ShumakerCriminal Justice, June 2014A look at the case law involving the warrantless search of a shared dwelling and the various scenarios whereby a co-occupant’s consent can render a search of the premises reasonable under the Fourth Amendment.
Case notesBy Rob Shumaker, Steve Baker, Kelly Doyle Coakley, Jameika Mangum, & Stephanie RadliffCriminal Justice, April 2014Recent cases of interest to criminal law practitioners.
Case notesBy Kim D. Chanbonpin, Blair J. Pooler, Donald D. Bernardi, Mark Kevin Wykoff, Sr., & Diana LenikCriminal Justice, February 2014Recent cases of interest to criminal law practitioners.
Case notesBy Hon. John A. Wasilewski, Hon. Richard D. Russo, Jessica Koester, Hon. Thomas A. Else, Ava George Stewart, & Mark Kevin WykoffCriminal Justice, June 2013Recent cases of interest to criminal law practitioners.
Florida v. Harris & proof of the reliability of the drug-detection canineBy Rob ShumakerCriminal Justice, April 2013This article addresses case law on drug-detection dogs, the recent United States Supreme Court opinion, and offers insight on how prosecutors, defense counsel and trial judges should consider the issue of a dog’s reliability in detecting illegal narcotics.
Florida v. Harris & proof of the reliability of the drug-detection canineBy Rob ShumakerAnimal Law, April 2013This article addresses case law on drug-detection dogs, the recent United States Supreme Court opinion, and offers insight on how prosecutors, defense counsel and trial judges should consider the issue of a dog’s reliability in detecting illegal narcotics.
Governmental involvement necessary for statement to be considered testimonial hearsayBy Mark Kevin Wykoff, Sr.Criminal Justice, April 2013The 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.
Objects under the rearview mirror may be more of a material obstruction than they appearBy Rob ShumakerTraffic Laws and Courts, March 2013Objects dangling from the rearview mirror may justify a traffic stop but only if they constitute a material obstruction. The author addresses the case law on this issue and offers practice tips to determine whether an object materially obstructs a driver’s view of the road.
The constitutionality of criminalizing cyberbullyingBy Lauren RoadmanHuman and Civil Rights, January 2013The growing problems of bullying and cyberbullying are forcing the government, as well as local communities, to look at ways to help solve these problems.
People v. Kladis and the Illinois Supreme Court’s treatment of evidence spoliation by law enforcementBy Mark T. VazquezTraffic Laws and Courts, December 2012Evidence spoliation stands as a significant obstacle to the truth-seeking function of the courts. The Kladis opinion addressed these concerns and recognizes that trial judges should have significant freedom to impose sanctions to deter such spoliation when it occurs.
Case noteBy Mark Kevin WykoffCriminal Justice, November 2012In 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.
The constitutionality of criminalizing cyberbullyingBy Lauren RoadmanAlternative Dispute Resolution, November 2012The growing problems of bullying and cyberbullying are forcing the government, as well as local communities, to look at ways to help solve these problems.
Objects under the rearview mirror may be more of a material obstruction than they appearBy Rob ShumakerCriminal Justice, November 2012Objects dangling from the rearview mirror may justify a traffic stop but only if they constitute a material obstruction. The author addresses the case law on this issue and offers practice tips to determine whether an object materially obstructs a driver’s view of the road.
Case noteBy Mark Kevin Wykoff, Sr.Criminal Justice, August 2012A summary of The People ex rel. James W. Glasgow, Petitioner, v. Gerald R. Kinney, Judge, Respondent.
