2000 Articles

Changes to criminal law and procedure after People v. Cervantes By Thomas R. Fitzgerald May 2000 For your information, pursuant to the Illinois Supreme Court's recent finding in People v. Cervantes, docket No. 87229, filed December 2, 1999, amendments/deletions to the criminal code passed as part of P.A. 88-680 are no longer in effect.

Dispositions for leave to appeal By Donald R. Parkinson September 2000 On May 31, 2000, the Illinois Supreme Court issued its rulings on 287 petitions for leave to appeal

Dispositions of petitions for leave to appeal By Donald R. Parkinson February 2000 On December 1, 1999, the Illinois Supreme court rules on 295 pending petitions for leave to appeal. One hundred and seven were filed in civil cases and 10 requests were granted.

From the Illinois Supreme Court By Donald R. Parkinson September 2000 The Illinois Supreme Court held that the defendant's petition for post-conviction relief was properly dismissed without an evidentiary hearing.

From the Illinois Supreme Court February 2000 Justice Bilandic wrote the opinion that found that 625 ILCS 5/12-0611 violated the first amendment.

From the United States Supreme Court By Donald C. Hudson September 2000 On October 13, 1995 an anonymous caller reported to the Miami-Dade Police that a young black male standing at a particular bus stop and wearing a plaid shirt was carrying a gun.

From the United States Supreme Court By Donald C. Hudson June 2000 The respondent was convicted of sodomy and weapons possession in New York. The respondent testified in his own defense at trial stating that he had consensual intercourse with the alleged victim.

From the United States Supreme Court By Donald C. Hudson April 2000 The respondent Wardlow fled upon seeing police officers patrolling an area known for heavy narcotics trafficking.

New hearsay rule By Michelle Madden Dempsey September 2000 Recently passed Senate Bill 1332 seeks (in part) to enact a new hearsay exception in Illinois by amending the Illinois Code of Criminal Procedure to create 725 ILCS 5/115-10.5 ("10.5").

Parkinson serves 15 years as editor September 2000 At the June 23, 2000, Awards Luncheon, Donald R. Parkinson was honored for his 15 years of service as editor of the Criminal Justice newsletter.

Passed bills*—91st General Assembly—2000 By Steve Baker June 2000 SB 730 Summary: Representation by counsel. In a juvenile proceeding, a minor who was under 13 years of age at the time of the commission of an act that if committed by an adult would be a violation of section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 must be represented by counsel during the entire custodial interrogation of the minor.

Recent appellate court cases By David P. Bergschneider & Donald R. Parkinson February 2000 On March 27, 1993, the state filed a complaint alleging that defendant had possessed less than fifteen grams of a substance containing cocaine.

The right to fitness hearings for defendants on psychotropic medication: evolving positions, “Brandon” to “Kinkead” to “Burgess” to “Mitchell” By Daniel M. Locallo May 2000 Since 1994, the fitness to stand trial of defendants receiving psychotropic drugs or other medications under medical direction has been addressed by both the judiciary and the legislature.

Section council activities By Donald R. Parkinson June 2000 This has been a very active and productive year for the Criminal Justice Section Council under the leadership of Robert A. Loeb.

Section council hears from George E. DeTella, Associate Director of the Department of Corrections By Donald R. Parkinson June 2000 On Saturday, April 15, 2000, George E. DeTella, Associate Director of the Department of Corrections, appeared before the Criminal Justice Section Council. Mr. DeTella outline a number of changes which have occurred at DOC within the last nine months.

Single subject rule challenges By Steve Baker April 2000 Bills, except bills for appropriations and for the codification, revision or rearrangement of laws, shall be confined to one subject. Ill. Const. 1970, Art. IV, sec. 8(d).

Single subject rule challenges a compendium By Steve Baker September 2000 In recent years we have heard of repeated challenges to the use of "Christmas tree bills" by the Legislature.

Summary of death penalty decisions published in the official reports issued by the Illinois Supreme Court By Daniel M. Locallo March 2000 The author wishes to express that this summary concerns the procedural and substantive caselaw established by the Supreme Court of Illinois.

Summary of recent cases accepted by Illinois Supreme Court By Donald R. Parkinson June 2000 On February 2, 2000, the Illinois Supreme Court issued orders in 294 cases. The court remanded a number of the cases pursuant to its supervisory authority and the case of People v. Cervantes (189 Ill. 2d 80, 1999, single subject legislative rule)

Summary of traffic related decision published in the official reports for the year 1999 By Daniel M. Locallo April 2000 Defendant was convicted of DUI by a jury. On the day of her trial, defendant requested a continuance to seek private counsel because she and her appointed attorney did not agree on certain matters.

Where can I find a court reporter? June 2000 Under the direction of Criminal Justice Chairperson, Robert A. Loeb, the council asked the ISBA Board of Governors to look at the current shortage of certified court reporters.