Criminal Justice

The newsletter of the ISBA’s Section on Criminal Justice

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2001 Articles

Active bills—92nd General Assembly—2001 By Steve Baker July 2001 HB 10 Summary: IVC one-ear headset use authorized.
Confidential memorandum By Timothy P. O’Neill August 2001 For years we have discussed how much easier patrol and investigation would be if that darned Fourth Amendment didn't get in our way.
Editor’s note August 2001 The editor of this publication and the section council thank David Bergschneider, Legal Director, Office of the State Appellate Defender, for his comprehensive case law update included in this edition.
Editor’s note February 2001 The caselaw digests contained in this newsletter were graciously submitted by Don Hays, Senior Staff Counsel, Office of the States' Attorney Appellate Prosecutor. 
Impact of plea of guilty on civil proceedings By Mark Rouleau & Steve Baker April 2001 A plea is an admission of a party opponent. It is not conclusive in the civil litigation, however it is like a person saying at the time of the collision; "I'm sorry, I ran the red light."
Municipal liability—no representation without indemnification under the Public Defender Immunity Act By Steven M. Puiszis June 2001 In 1765, the Sons of Liberty, a secret patriotic society, coined the phrase: "No taxation without representation" in response to the passage of the Stamp Act by the British Parliament.
Public defender malpractice liability—civil immunity: good, bad or just Cook County By Jack Rimland & Steve Baker April 2001 Background: In Johnson v. Halloran, et. al1 the Illinois Supreme Court extinguished the long held assumption that Public Defenders may be accused of malpractice in the context of ARDC complaints or post-conviction petitions [pro-se post-trial motion/motion to withdraw guilty pleas included], but not a civil suit for malpractice.
Recent criminal law case analysis By Don Hays February 2001 Search and seizure--The defendant in this case was not "seized" when a police officer stopped his squad car in front of the defendant.
Recent decisions of the Illinois Supreme Court By David P. Bergschneider August 2001 Defendant was convicted of two 1977 murders, and was sentenced to 40 to 80 years imprisonment.