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A leading appellate attorney reviews the Illinois Supreme Court opinion handed down Friday, August 11.

Caulkins v. Pritzker, 2023 IL 129453
By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC

In a 4-3 decision addressing the General Assembly’s recent enactment of a criminal code provision restricting the purchase, sale and possession of assault weapons, the Illinois Supreme Court reversed a Macon County circuit court’s order finding the Protect Illinois Communities Act (Act) unconstitutional. Plaintiffs included a business, two individuals, and a voluntary unincorporated association with hundreds of individuals and businesses, all of whom alleged that they “possessed or

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Continue Reading Quick Take on Illinois Supreme Court Opinion Issued Friday, August 11, 2023

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Our panel of leading appellate attorneys reviews the one civil and one criminal opinion handed down Tuesday, July 18, 2023, by the Illinois Supreme Court.
Rowe v. Raoul, 2023 IL 129248
By Joanne R. Driscoll, Forde & O’Meara LLP

This case involves the constitutionality of the Safety Accountability, Fairness and Equity (SAFE-T) Act (Pub. Act. No. 101-652 (eff. Jan. 1, 2023)), as amended by Public Act 102-1104 (Pub. Act. No. 102-1104 (eff. Jan. 1, 2023)) (together referred to as the Act). Among other things, the Act amended statutory provisions governing pretrial release of criminal defendants, such as eliminating the…
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Tuesday, July 18, 2023

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Our panel of leading appellate attorneys reviews the one civil and three criminal opinions handed down Thursday, June 15, 2023, by the Illinois Supreme Court.
PML Development LLC v. Village of Hawthorn Woods, 2023 IL 128770
By Amelia Buragas, Illinois State University

In PML Development, LLC v. Village of Hawthorn Woods, the Illinois Supreme Court considered whether the parties to a contract retained any claims for breach of contract in a scenario where both parties breached the agreement but elected to keep the contract in force. The Court discussed the “fork in the road” created when a party breaches…
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, June 15, 2023

Illinois Supreme Court News

Marcia M. Meis, Director of the Administrative Office of the Illinois Courts, announced today that 396 out of 400 Illinois associate judges who filed requests for reappointment to their office for a new four-year term have been retained.

Having certified the results of more than 400 total ballots cast in Illinois’ 25 circuit courts, Director Meis informed that each successful candidate received votes that tallied three-fifths or greater in favor of their reappointment. Four associate judges did not receive the requisite number of votes for reappointment. The new term of office for each reappointed associate judge will begin on July…
Continue Reading Administrative Director Announces Results of Associate Judge Reappointments

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A leading appellate attorney reviews the Illinois Supreme Court opinion handed down Friday, June 2.
People v. Pinkett, 2023 IL 127223
By Kerry J. Bryson, Office of the State Appellate Defender

Michael Pinkett was convicted of aggravated fleeing or attempting to elude a peace officer following an incident where he failed to stop his motorcycle in response to police lights and sirens and drove more than 21 mph over the speed limit.

In June 2017, Deputy Sheriff Brad Wassell observed Pinkett and two other individuals driving motorcycles in excess of the speed limit. Wassell, who was in an unmarked…
Continue Reading Quick Take on Illinois Supreme Court Opinion Issued Friday, June 2, 2023

Illinois Supreme Court News

The Illinois Supreme Court announced amendments to Supreme Court Rules 298 and 404 regarding the application and filing process of waivers of court fees and assessments. These and earlier amendments to Supreme Court Rules make permanent certain temporary measures which were adopted during the COVID-19 pandemic.

The amendments are intended to establish a uniform and consistent procedure across the state governing fee waivers. These amendments provide guidance as to when a remote hearing (or an in-person hearing if requested by the applicant or the applicant will already be in the courthouse on the date of the hearing) can be conducted…
Continue Reading Illinois Supreme Court Amends Rules on Waivers of Fees and Assessments

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Our panel of leading appellate attorneys reviews the three civil and eight criminal opinions handed down Thursday, May 18, 2023, by the Illinois Supreme Court.
Chapman v. Chicago Dept. of Finance, 2023 IL 128300
By Michael T. Reagan, Law Offices of Michael T. Reagan

The plaintiff submitted a Freedom of Information Act request to the Chicago Dept. of Finance for certain records pertaining to the Citation Administration and Adjudication System (CANVAS), a database that the City uses for the enforcement of parking, red-light, and speed-camera tickets. After a ticket has been issued, the information is loaded into CANVAS and…
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, May 18, 2023

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A leading appellate attorney reviews the Illinois Supreme Court opinion handed down Thursday, April 20.
People v. Addison, 2023 IL 127119
By Kerry J. Bryson, Office of the State Appellate Defender

Dion Addison was convicted of unlawful possession of a stolen motor vehicle, forgery, and theft, and was sentenced to 15 years of imprisonment. He filed a direct appeal, and appellate counsel successfully argued for additional days of credit against his sentence but did not raise any other issues. Addison subsequently filed a pro se post-conviction petition raising more than a dozen claims of constitutional error. He also alleged…
Continue Reading Quick Take on Illinois Supreme Court Opinion Issued Thursday, April 20, 2023

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Our panel of leading appellate attorneys reviews the two civil and three criminal opinions handed down Thursday, March 23, by the Illinois Supreme Court.
People v. Whitehead, 2023 IL 128051
By Jay Wiegman, Assistant Appellate Defender

Aggravated Battery is defined in the Criminal Code in a variety of ways, including by the location of the conduct: “A person commits aggravated battery when, in committing a battery . . . he or she is or the person battered is on or about a public way, public property, a public place of accommodation or amusement, a sports venue, or a domestic…
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, March 23, 2023

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Our panel of leading appellate attorneys reviews the one civil and two criminal opinions handed down Friday, February 17, by the Illinois Supreme Court.
Cothron v. White Castle System, Inc., 2023 IL 128004
By Michael T. Reagan, Law Offices of Michael T. Reagan

The Seventh Circuit Court of Appeals certified the following question arising under the Biometric Information Privacy Act  to the Illinois Supreme Court, seeking its answer pursuant to Supreme Court Rule 20(a): “Do section 15(b) and 15(d) claims accrue each time a private entity scans a person’s biometric identifier and each time a private entity transmits such…
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Friday, February 17, 2023

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A leading appellate attorney reviews the Illinois Supreme Court opinion handed down Thursday, October 20. 

People v. Stewart, 2022 IL 126116
By Kerry J. Bryson, Office of the State Appellate Defender

In 2016, Denzal Stewart was charged with the Class 2 offense of possession of a stolen motor vehicle. Stewart was 20 years old at the time of the offense, and he turned 21 while the charge was pending.

After Stewart was found guilty at a jury trial, the court found he was subject to mandatory Class X sentencing pursuant to 730 ILCS 5/5-4.5-95(b). That statute provides, in part:

(b)

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Continue Reading Quick Take on Illinois Supreme Court Opinion Issued Thursday, October 20, 2022

ILSCNews - ILN

The Illinois Supreme Court announced today the approval of new Rule 455, which will create uniform statewide procedures for ensuring that criminal hearing and trial exhibits become part of the record on appeal. The new rule is scheduled to go into effect on January 1, 2023.

View the New Rule 455. Also, view the Illinois Supreme Court Rules on the Illinois Courts website.

New Rule 455, first proposed by the Appellate Lawyers Association (ALA) and supported by the Office of the State Appellate Defender (OSAD), is intended to bring uniformity to trial exhibits and prevent the delays which…
Continue Reading Illinois Supreme Court Adopts New Rule for Trial Exhibits

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A leading appellate attorney reviews the Illinois Supreme Court opinion handed down Thursday, October 6.
In re Kelan W., 2022 IL 128031
By Kerry J. Bryson, Office of the State Appellate Defender

In August 2020, Kelan W. was in Missouri with an adult accomplice when they allegedly unlawfully took a vehicle from another individual and then drove the vehicle across the river into Illinois where they were apprehended. Kelan was 16 years old and resided in Illinois with his mother at the time.

The State subsequently filed a delinquency petition against Kelan, alleging offenses based on conduct which occurred…
Continue Reading Quick Take on Illinois Supreme Court Opinion Issued Thursday, October 6, 2022

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Our panel of leading appellate attorneys reviews the nine Illinois Supreme Court opinions handed down Thursday, September 22.

Editor’s note: There will be no summary of People v. Kastman. 
Noland v. Mendoza, 2022 IL 127239
By Karen Kies DeGrand of Donohue Brown Mathewson & Smyth LLC

The Illinois Supreme Court found that plaintiffs Michael Noland and James Clayborne, former Illinois state senators who had voted for laws to reduce legislators’ salaries, misled the public; shortly after leaving office, they sued the state comptroller to recover the pay they had agreed should be withheld. The Illinois Supreme Court ruled that…
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, September 22, 2022

ILSCNews - ILN

The Administrative Office of the Illinois Courts (AOIC) Probation Services Division sought and received funds from the Bureau of Justice Assistance (BJA) to implement initiatives to support the development of a statewide training and technical assistance program to address the training needs of new Problem-Solving Courts (PSC) and the ongoing training needs of experienced PSC. AOIC Probation Services Division has accomplished these goals through a multi-pronged approach including data collection, curriculum, courses, and training workshops for the PSC of Illinois.

The AOIC Probation Services Division formed the PSC Curriculum Committee in early 2020. The overall PSC curriculum, individual courses, workshops,…
Continue Reading AOIC Probation Services Division Announces 17 Training Courses for Problem-Solving Courts

The Illinois Supreme Court announced this week that Justice Mary Jane Theis
will be its next Chief Justice. Justice Theis was selected by the Court to serve a three-year term commencing October 26, 2022. She succeeds Justice Anne M. Burke whose tenure as Chief Justice began in October of 2019.

An installation ceremony marking Justice Theis’ selection as Chief Justice will be held at the Supreme Court Building in Springfield during the Court’s November Term.

“I would like to thank my colleagues for giving me this opportunity to serve the people of Illinois as Chief Justice,” Justice Theis said. “I…
Continue Reading Justice Mary Jane Theis Selected as Next Chief Justice of the Illinois Supreme Court