33 results for 'court:"Illinois Supreme Court"'.
J. O'Brien finds that the lower court properly convicted defendant of Class X predatory criminal sexual assault of a child. The two charges on which he was convicted do not contain identical elements because a person can commit aggravated sexual assault of a child without also committing the offense of predatory criminal sexual assault of a child. Affirmed.
Court: Illinois Supreme Court, Judge: O'Brien, Filed On: April 4, 2024, Case #: 129425, Categories: Sentencing, Sex Offender, Child Victims
J. Overstreet finds that the appeals court improperly found that the state municipal code constitutional preempts the city's home rule authority to administratively adjudicate violations of its ordinances. Therefore, state law is not an appropriate basis to reverse the city hearing officer's decision finding the drivers liable for violating the city's ordinances prohibiting overweight and/or overlength vehicles on non-designated roads. This decision overturns the First District's opinion in Catom Trucking v. City of Chicago. Reversed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: April 4, 2024, Case #: 129263, Categories: Administrative Law, Constitution, Municipal Law
J. White finds that the appeals court properly reversed the trial court's decision in a defamation suit over emails sent by defendant's agents to the plaintiff corporation's chief revenue officer and two board members alleging "rampant accounting improprieties" and purported mafia connections. The emails may qualify as defamatory even though they were only sent to members of the corporation itself. There is publication to a third party when an allegedly defamatory statement is communicated to a member of a corporation's executive leadership team. Affirmed.
Court: Illinois Supreme Court, Judge: White, Filed On: March 21, 2024, Case #: 129227, Categories: Corporations, Defamation
J. Overstreet finds that the lower court properly convicted defendant of sexual assault of his four-year-old daughter. Defense counsel was not ineffective for failing to object to the admission of two positive STD tests, as this evidence was admissible at trial despite the physician-patient privilege attached to them under the exception set forth in the Abused and Neglected Child Reporting Act. Affirmed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: March 21, 2024, Case #: 129289, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Neville finds that the appeals court properly held that defendant's negotiated plea agreement for possession of cannabis waived his claim to presentence custody credit. The agreement only provided credit for the 54 days he had spent in custody, not for time he spent on home detention prior to the plea, and this deal deserves the presumption that both parties came to a negotiated agreement over defendant's amount of sentence credit. Affirmed.
Court: Illinois Supreme Court, Judge: Neville, Filed On: March 21, 2024, Case #: 129402, Categories: Drug Offender, Sentencing, Plea
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Holder White finds that the lower court properly denied the prisoner's claim he was tortured into confessing to murder. The Illinois Torture Inquiry and Relief Commission Act is intended to address the serious problem of torture by Chicago police, but does not apply to acts of physical abuse by the police in general, such as the prisoner's claim he was kicked by police. Further, the prisoner significantly changed elements of his story over time, supporting the circuit court's finding that his story was not credible. Affirmed.
Court: Illinois Supreme Court, Judge: Holder White, Filed On: February 16, 2024, Case #: 128373, Categories: Police Misconduct, Prisoners' Rights
J. Theis finds that the lower court properly found for the state in a constitutional challenge to Public Act 101-610, which required all local pension funds to transfer custody and investment responsibility for their fund assets to respective statewide funds in order to reduce operational expenses. None of the pensioners' account balances were in any way affected by the change in management, so they have no Takings Clause claim. Affirmed.
Court: Illinois Supreme Court, Judge: Theis, Filed On: January 19, 2024, Case #: 129471, Categories: Constitution, Government, Pensions
J. Cunningham finds that the appeals court properly reversed the lower court's decision to deny the city's petition for an injunction against the company to enforce compliance with a city ordinance requiring that any property within city limmits be connected to the city sewage system upon sale or transfer. The law expressly authorizes the city to seek injunctive relief for continuous violations of the city's sewage ordinances. Affirmed.
Court: Illinois Supreme Court, Judge: Cunningham, Filed On: January 19, 2024, Case #: 129164, Categories: Municipal Law, Restraining Order
J. Neville finds that the appeals court improperly answered a certified question from the circuit court regarding the definition of "service" under the Illinois Antitrust Act. The Act does not exempt from antitrust scrutiny all agreements between competitors to hold down wages and to limit employment opportunities for their employees. Reversed.
Court: Illinois Supreme Court, Judge: Neville, Filed On: January 19, 2024, Case #: 128763, Categories: Antitrust, Employment
J. Overstreet finds that the appeals court improperly reversed the circuit court's ruling that the city owed the injured cyclist no duty of care because he was not an intended user of the roadway where he struck a pothole. Although a bike rental station was just 100 ft from where the accident occurred, there were no street signs designating the roadway as a bicycle lane. Bicyclists are permitted - but not intended - users of city streets in the absence of specific markings and signage. Reversed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: December 14, 2023, Case #: 128602, Categories: Municipal Law, Tort, Vehicle
J. Overstreet finds that the lower court properly denied defendant's motion to file a successive postconviction petition alleging the state failed to disclose evidence relevant to his defense on murder charges. Defendant's pro se status in the prior proceedings is not cause for permitting the filing of a successive postconviction petition, and his claim is barred by res judicata. Affirmed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: November 30, 2023, Case #: 128740, Categories: Evidence, Habeas, Self Representation
J. Cunningham finds that the appeals court improperly reversed defendant's convictions, finding his motion for substitution of judge was exempt from being deemed abandoned because the court never ruled on it. Defendant never obtained a ruling on his motion for substitution, and it must be deemed abandoned, otherwise a defendant could knowingly build error into the record by allowing a motion to remain unaddressed. Reversed.
Court: Illinois Supreme Court, Judge: Cunningham, Filed On: November 30, 2023, Case #: 128474, Categories: Criminal Procedure, Judiciary
J. Cunningham finds that the appeals court improperly ordered the Illinois State Police to comply with the firearm owners' Freedom of Information Act request for documents related to the revocation of their Firearm Owner Identification Cards. An individual's application for a FOID card and subsequent revocation letter are not properly characterized as "public records." However, the firearm owners may obtain the information they seek through the Firearms Services Bureau. Reversed.
Court: Illinois Supreme Court, Judge: Cunningham, Filed On: November 30, 2023, Case #: 128275, Categories: Administrative Law, Public Record, Firearms
J. Neville finds that the appeals court improperly reversed the circuit court, which dismissed a complaint against a law firm alleging it violated the Mental Health and Developmental Disabilities Confidentiality Act by issuing a press release describing its client's suicide attempt and resulting injuries after winning a $4.2 million judgment. The Act does not protect confidential information that was voluntarily revealed in a public trial. Reversed.
Court: Illinois Supreme Court, Judge: Neville, Filed On: November 30, 2023, Case #: 129097, Categories: Health Care, Public Record, Privacy
J. Holder White finds that the appeals court improperly reversed the dismissal of a class action complaint accusing the city of routinely issuing improper central business district tickets for parking meter violations. The driver failed to exhaust his administrative remedies by not challenging his individual ticket before the Department of Administrative Hearings. Reversed.
Court: Illinois Supreme Court, Judge: Holder White, Filed On: November 30, 2023, Case #: 128575, Categories: Administrative Law, Municipal Law, Class Action
J. Theis finds that the appeals court properly found that the insurer has a duty to defend its additional insured under a subcontractor's commercial general liability policy in a suit stemming from alleged construction defects in a townhome development. The insurer cannot bar coverage of all construction defects as "accidental," as that would make the policy's business risk exclusions meaningless. The allegations in the complaint are sufficient to establish an initial grant of coverage, leaving the court to fully determine whether the specific defects are afforded coverage under the policy. Affirmed.
Court: Illinois Supreme Court, Judge: Theis, Filed On: November 30, 2023, Case #: 129087, Categories: Construction, Insurance, Interference With Contract
J. Cunningham finds that the appeals court properly reversed the lower court's decision to dismiss this personal injury suit stemming from a car accident involving a driver that passed away a year into the resulting litigation. Because an estate was never opened for the deceased driver and there was no personal representative to defend the lawsuit, the plaintiff acted properly in moving to appoint a special representative. Affirmed.
Court: Illinois Supreme Court, Judge: Cunningham, Filed On: October 26, 2023, Case #: 128468, Categories: Civil Procedure, Tort, Vehicle
J. Overstreet finds that the lower court improperly dismissed defendant's postconviction petition as untimely. Under the circumstances of this case, defendant cannot be held responsible for the untimely filing because her understanding of the statutory deadline was a reasonable interpretation of the law, which was not yet clarified by this court. Therefore, she shall be granted an opportunity to argue that her counsel did not fully investigate the domestic abuse she suffered at the hands of her boyfriend before advising her to plead guilty as an accomplice to murder. Reversed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: October 19, 2023, Case #: 128398, Categories: Criminal Procedure, Habeas, Murder
J. Overstreet finds that the appeals court properly reversed the lower court's order in favor of the city on the issue of whether collateral estoppel barred two convicted murderers from litigating their excessive force claims stemming from a fatal police shooting that killed a co-conspirator. However, the court correctly entered judgment in favor of the city on the estate's claims, because the jury's interrogatory answers firmly show it found the police officers' actions were not reckless when they used deadly force. Affirmed in part.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: October 19, 2023, Case #: 127837, Categories: Civil Procedure, Jury, Wrongful Death
J. Neville finds that the lower court improperly sentenced defendant to life in prison for the murder of an unborn child and intentional homicide of the mother. Defendant was only found guilty of one murder, so the sentencing law applicable to multiple murder convictions does not apply in this case. Reversed.
Court: Illinois Supreme Court, Judge: Neville, Filed On: October 19, 2023, Case #: 128269, Categories: Murder, Sentencing
J. Cunningham finds that the lower court improperly overturned defendant's conviction for aggravated assault after he tried to hit a police officer with his car. The trial court did not err by prohibiting defense counsel from cross-examining the police officer who fired shot at the defendant as to whether he could lose his job if the shooting was found to be unjustified. This limitation was actually favorable to defendant because it prevented the state from introducing evidence that a police board panel did in fact find the use of force justified. Reversed.
Court: Illinois Supreme Court, Judge: Cunningham, Filed On: October 19, 2023, Case #: 127535, Categories: Confrontation, Assault, Discovery
J. Rochford finds that the lower court improperly ruled Illinois' assault weapon ban unconstitutional on equal protection grounds, because they exempt law enforcements individuals who complete firearms training as part of their employment. The law-abiding citizens have not sufficiently alleged that they are similarly situated and treated different from law-enforcement personnel. The court does not rule on the viability of any Second Amendment claim because the citizens waived this claim before the lower court. Reversed.
Court: Illinois Supreme Court, Judge: Rochford, Filed On: August 11, 2023, Case #: 129453, Categories: Constitution, Firearms
J. O'Brien finds that the lower court improperly denied defendant a certificate of innocence because he pleaded guilty to murder after Chicago police officers coerced a false confession from him by beating him. Defendant, who was exonerated after serving his 25-year sentence, pleaded guilty after seeing his co-defendant sentenced to 75 years in prison at a bench trial. The law does not impose a categorical bar precluding defendants who pleaded guilty from obtaining a certificate of innocence. Reversed.
Court: Illinois Supreme Court, Judge: O'Brien, Filed On: July 18, 2023, Case #: 127952, Categories: Criminal Procedure
J. Theis finds that the lower court improperly ruled two bail reform laws unconstitutional. The Illinois Constitution does not require monetary bail to ensure that arrestees return to court for their trial, and "sufficient sureties," as the Constitution requires, is not limited to monetary sureties. Further, the crime victims' rights clause, adopted in 1992, was not intended to mandate a system of monetary bail for criminal defendants. Reversed.
Court: Illinois Supreme Court, Judge: Theis, Filed On: July 18, 2023, Case #: 129248, Categories: Civil Rights, Constitution
J. Neville finds that the lower court properly found that defendant did not receive effective assistance of retained postconviction counsel at a hearing on the state's motion to dismiss his postconviction petition. Retained counsel's presumption of reasonable assistance was rebutted when counsel failed to withdraw and to make amendments to defendant's pro se petition for an adequate presentation of his claims. Affirmed in part.
Court: Illinois Supreme Court, Judge: Neville, Filed On: June 15, 2023, Case #: 127789, Categories: Criminal Procedure, Ineffective Assistance
J. Overstreet finds that the appellate court properly found that the act of producing one's cell phone passcode is not an incriminating, testimonial act under the Fifth Amendment and is therefore not privileged. Police obtained a search warrant for defendant's phone on suspicion that he forged two paychecks but were unable to execute it because defendant refused to provide his passcode. The fact that defendant knows his phone's passcode is a "foregone conclusion" and any information that may be found on the phone after it is unlocked is irrelevant to the question because a court already authorized a search of the phone. Affirmed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: June 15, 2023, Case #: 127968, Categories: Constitution, Self Incrimination, Forgery
J. O’Brien holds that an appellate court correctly found that a defendant detained in a Walmart bathroom after a high-speed police chase of three motorcycles was entitled to a mistrial, and properly reversed the trial court’s judgment. At trial, defense counsel successfully argued during a sidebar conference that during opening statements, the state prosecutor improperly commented on defendant’s right to remain silent. The state unpersuasively disagreed, arguing that a defendant’s post-arrest, pre-Miranda silence is not constitutionally protected. The defendant did not appeal his speeding conviction. Affirmed.
Court: Illinois Supreme Court, Judge: O’Brien, Filed On: June 2, 2023, Case #: 127223, Categories: Constitution, Fair Trial, Civil Rights
J. Overstreet finds that the appeals court properly found for the village and reversed dismissal of the village's complaint alleging the developer breached an annexation agreement by refusing its request for a letter of credit to secure completion of roads in the subdivision. The developer is bound by the annexation agreement as successor owners of the land subject to the agreement. Affirmed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: May 18, 2023, Case #: 128612, Categories: Property, Contract