1999 Articles

Armed violence issues By Steve Baker March 1999 The history of the armed violence statute is replete with constitutional challenges.

Considerations regarding confessions of juveniles By Daniel M. Locallo February 1999 Under the Juvenile Court Act (705 ILCS 405/5-6 (West 1992)), a law enforcement officer who takes a minor into custody shall immediately make reasonable attempt to notify the parent and shall without unnecessary delay take the minor to the nearest juvenile officer.

Daubert opinion standards rejected By Donald R. Parkinson April 1999 In a 60-page slip opinion written by Justice Steigmann, the Fourth District rejected the Daubert standards (Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 125 L.Ed. 2d 469, 113 S.Ct. 2786 (1993)).

Dispositions of leave to appeal By Donald R. Parkinson July 1999 On March 31, 1999, the Illinois Supreme Court filed its decision on 316 requests for leave to appeal.

Dispositions of leave to appeal By Donald R. Parkinson April 1999 On February 3, 1999, the Illinois Supreme Court issued its orders on 295 petitions for leave to appeal. Ninety-five petitions were filed in civil cases and four were granted.

Dispositions of leave to appeal By Donald R. Parkinson February 1999 On December 2, 1998, the Illinois Supreme Court rendered its decision on 307 pending petitions for leave to appeal. On hundred and twenty requests were made in civil cases and 10 petition s were granted.

Dispositions of petitions for leave to appeal By Donald R. Parkinson December 1999 On October 6, 1999, the Illinois Supreme Court issued its official rulings on 625 petitions for leave to appeal. Again this is an increase from last year. (On October 6, 1998, there were 614 requests.)

Dispositions of petitions for leave to appeal By Donald R. Parkinson October 1999 On June 2, 1999, the Illinois Supreme Court announced its decision on 260 petitions for leave to appeal. One hundred and nine were filed in civil cases and 15 requests were granted.

Dispositions of petitions for leave to appeal By Donald R. Parkinson January 1999 On Tuesday, October 6, 1998, the Illinois Supreme Court announced the fate of 614 petitions for leave to appeal.

Ending the free ride: Why states should make prisoners pay for their stay By T. Markus Funk October 1999 It is a popular fiction to say that a criminal released from prison has "paid off" his debt to society.

From the Illinois Supreme Court December 1999 The defendant was convicted by a jury of murder, aggravated criminal sexual assault, aggravated kidnapping and robbery.

From the Illinois Supreme Court October 1999 The Illinois Supreme Court modified its opinion (reported in newsletter Vol. 42, No. 6, Jan. 1999) in People v. Shaw on June 1, 1999.

From the Illinois Supreme Court September 1999 Two Urbana police officers observed the defendant's car stopped for about one minute in front of an apartment complex in a known drug area.

From the Illinois Supreme Court July 1999 The Illinois Supreme Court found that two of the five child photographs offered in this case were lewd.

From the Illinois Supreme Court April 1999 On January 22, 1999, the Illinois Supreme Court determined that the General Assembly violated the single subject clause when it passed Public Act 89-404 (truth-in-sentencing).

From the Illinois Supreme Court March 1999 Under section 11-501.1 (625 ILCS 5/11-501.1), the summary suspension of driving privileges does not automatically terminate on the reinstatement date.

From the Illinois Supreme Court February 1999 The defendant was convicted by a jury on two counts of first degree murder and one count of aggravated vehicular hijacking, aggravated criminal sexual assault and armed robbery.

From the Illinois Supreme Court January 1999 Recent cases of interest to Criminal Law practitioners.

From the United States Supreme Court By Donald C. Hudson November 1999 Accused's Sixth Amendment right to confront witnesses was violated by admitting into evidence at his trial a non-testifying accomplice's confession that contained some statements against the accomplice's penal interest and others that inculpated the accused.

From the United States Supreme Court By Donald C. Hudson July 1999 Police officers may search a passenger's personal belongings inside an automobile when they have probable cause to believe the automobile contains contraband.

From the United States Supreme Court By Donald C. Hudson April 1999 When police seize property for a criminal investigation, the due process clause does not require them to provide the owner with notice of state remedies for the return of the property seized.

From the United States Supreme Court By Donald C. Hudson February 1999 Respondents and the lessee of an apartment were sitting in one of its rooms bagging cocaine.

Have you always wanted to be a published author? By Donald R. Parkinson July 1999 This is your chance. The Criminal Justice newsletter is always looking for articles or practical advice tips from our section members.

Passed bills - 91st General Assembly - 1999 By Steve Baker September 1999 1) HB 41 Summary: Adopts FRE 807 - residual hearsay rule - for deceased persons. Limited to statements under oath at a prior trial, hearing, or other proceeding [ex. grand jury]. Imm. eff. date.

Public Act 88-680 A constitutional anomaly (location, location, location) By Carey J. Luckman September 1999 Old news: Public Act 88-680 was signed by Governor Edgar December 15, 1994, effective January 1, 1995.

Recent appellate cases By David P. Bergschneider & Donald R. Parkinson March 1999 The defendant filed a pro se post-conviction petition. The trial judge dismissed it as frivolous and patently without merit.

Recent appellate court cases By David P. Bergschneider & Donald R. Parkinson December 1999 The State sought civil commitment of the defendant in this case as a sexually violent person. The defendant had been previously convicted of criminal sexual assault and indecent liberties with a child in 1984.

Recent appellate court cases By David P. Bergschneider & Donald R. Parkinson November 1999 At the request of the defendant's wife, two police officers accompanied her to the trailer that she was sharing with the defendant.

Recent appellate court cases By David P. Bergschneider & Donald R. Parkinson October 1999 The defendant, Terry S. Duke, had been sentenced to 35 years in prison for rape (Class X felony) and a consecutive 2 1/2 year sentence for the possession of contraband in a penal institution.

Recent appellate court cases By David P. Bergschneider & Donald R. Parkinson September 1999 The defendant was convicted by a jury of the offenses of residential burglary, aggravated unlawful restraint and aggravated criminal sexual assault.