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Latest from Illinois Lawyer Now - Page 2

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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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By: Ray Prather, J.D., CPA, CFF

On July 23, 2021, Gov. Pritzker signed Public Act 102-0160 amending the Illinois Notary Public Act. The amendments permanently allow notary publics to perform remote notarial acts, bring electronic notary publics to Illinois, and add education and journal requirements for notary publics. On June 5, 2023, the Illinois Secretary of State’s Office (IL SOS) adopted administrative rules (Rules) that make Public Act 102-0160 effective and provide guidance for Illinois notaries moving forward.

The Rules totaling 132 pages will be available at 14 Ill. Admin. Code 176.10 et. seq. The Illinois General Assembly’s Joint Commission…
Continue Reading Illinois Secretary of State Adopts Administrative Rules Making Amendments to the Illinois Notary Public Act Effective

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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

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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

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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

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Chief Justice Anne M. Burke and the Illinois Supreme Court announced today an amendment to Supreme Court Rule 711 (Rule 711), which allows law students and recent law school graduates to obtain temporary law licenses to perform legal services, to include federal court work. The amended order is effective immediately.

View the amendment to Illinois Supreme Court Rule 711.

Rule 711 previously allowed licensees to work for certain non-profit and public-sector employers practicing in the Illinois state courts but did not reference federal courts. The amendment to Rule 711 allows for employment at federal government agencies practicing in the…
Continue Reading Supreme Court Amends Rule 711 on Temporary Licensure To Include Federal Court Work

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Our panel of leading appellate attorneys reviews the six Illinois Supreme Court opinions handed down Thursday, May 19.
Prate Roofing and Installations, LLC v. Liberty Mutual Insurance Co., 2022 IL 127140
By Amelia Buragas, J.D.

At issue in Prate Roofing and Installations, LLC v. Liberty Mutual Insurance Co., was whether the Department of Insurance (DOI) has the authority to resolve a dispute regarding the amount of premiums due on a workers’ compensation policy. The appellate court in a separate case recently had held that the DOI did not have the authority to resolve such disputes and vacated DOI’s final order…
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, May 19, 2022

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Our panel of leading appellate attorneys reviews the 10 Illinois Supreme Court opinions handed down Thursday, April 21.
Dent v. Constellation NewEnergy, Inc.,  2022 IL 126795
By Michael T. Reagan, Law Offices of Michael T. Reagan

Richard Dent and his company, RLD Resources, Inc. had terminable at will energy supply and marketing contracts with the respondent companies. Attorneys acting for the respondents advised Dent that allegations had been made against him that he had groped a woman guest at a party at the Shedd Aquarium, that on another occasion he had commented graphically on that woman’s anatomy, and that someone…
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, April 21, 2022

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The Illinois Supreme Court issued one opinion on Thursday, April 7.
People v. Moon , 2022 IL 125959
By Kerry J. Bryson, Office of the State Appellate Defender

Omega Moon was charged with one count of domestic battery, alleging that she caused bodily harm to a child by striking the child several times with a belt. Moon opted to proceed to jury trial. Once the jury was selected, the court asked the clerk to swear in the jurors, but the clerk erroneously administered the voir dire oath (swearing that they will truthfully answer voir dire questions) rather than the trial…
Continue Reading Quick Take on Illinois Supreme Court Opinion Issued Thursday, April 7, 2022

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Our panel of leading appellate attorneys reviews the four Illinois Supreme Court opinions handed down Thursday, March 24.
People v. Deroo , 2022 IL 126120
By Kerry J. Bryson, Office of the State Appellate Defender

Ryan DeRoo was charged in Rock Island County with aggravated DUI. At DeRoo’s jury trial, the State introduced the results of a chemical blood test establishing DeRoo’s blood alcohol content. That evidence was admitted pursuant to 625 ILCS 5/11-501.4(a), which allows admission of chemical blood tests conducted in the course of emergency medical treatment “as a business record exception to the hearsay rule.”

Following his…
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, March 24, 2022