9 results for 'judge:"Davenport"'.
J. Davenport finds that the lower court properly ordered defendant committed as a sexually violent person. It is not apparent from the record that defendant is no longer a sexually violent person, notwithstanding his age, and this court may not reweigh the evidence. Affirmed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: May 7, 2024, Case #: 230334, Categories: Sex Offender, Commitment
J. Davenport finds that the lower court improperly convicted defendant on two charges of unlawful use of a weapon by a felon, but properly convicted him of being an armed habitual criminal. The state provided beyond a reasonable doubt that he possessed a firearm, but the multiple convictions violate the one-act, one-crime doctrine. Reversed in part.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: April 19, 2024, Case #: 230113, Categories: Firearms
J. Davenport dismisses the wife's petition for leave to appeal the lower court's denial of her request to transfer a post-dissolution proceeding from Will County to Grundy County. The appeal is untimely, as her motion to reconsider before the lower court did not toll the 30-day deadline to appeal.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: March 13, 2024, Case #: 240103, Categories: Civil Procedure, Family Law
J. Davenport finds that the lower court properly found for the Treasurer, ruling he was not required to refund the delinquent tax purchaser's petition costs because the petition costs were not posted to the tax judgment, sale, redemption and forfeiture record due to the property owners' bankruptcies. Affirmed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: February 6, 2024, Case #: 220134, Categories: Property, Tax
J. Davenport finds that the lower court improperly granted the state's petition to revoke defendant's pretrial release. Defendant never relinquished his right to an in-person hearing, nor did the court find that an in-person hearing would endanger the physical health of any participant. Reversed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: December 28, 2023, Case #: 230491, Categories: Criminal Procedure, Bail
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J. Davenport finds that the lower court properly awarded the man statutory attorney fees after his Freedom of Information Act suit prompted the city to produce the requested documents. On the record, filing a lawsuit was reasonably necessary to obtain the requested documents, but the court acted within its discretion by reducing the requested amount of $62,000 to $20,000. Affirmed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: October 17, 2023, Case #: 220392, Categories: Public Record, Attorney Fees
J. Davenport finds that the lower court properly convicted defendant of driving with a revoked license, but improperly sentenced him to eight years in prison. The state failed to provide the trial court with a factual basis for applying an enhancement to his sentence, so it shall be remanded for a new trial. Affirmed in part.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: August 21, 2023, Case #: 210460, Categories: Sentencing, Vehicle
J. Davenport vacates the nine-year prison term of a defendant convicted of repeatedly punching a 70-year-old man in convenience store, finding the trial court’s “alarming remarks” at his sentencing rendered the hearing “fundamentally unfair.” Defendant’s case is remanded for resentencing by a different judge. “While we neither condone defendant’s conduct nor minimize the circumstances of the crime, the inescapable conclusion from a review of the record is that the sentencing hearing was affected by judicial bias.”
Court: Illinois Appellate Court, Judge: Davenport, Filed On: June 2, 2023, Case #: 200389, Categories: Sentencing, Battery, Elder Abuse
J. Davenport finds that the lower court improperly granted the homeowner's motion to vacate the court's prior order directing the county clerk to issue a tax deed to the petitioner. The petitioner properly published notice of the 2016 tax sale in the Herald News, even though it is not published in Crete, Illinois where the homeowner resides. The record established that no newspaper was published in Crete, so the petitioner could properly publish in a county newspaper. Reversed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: May 25, 2023, Case #: 220226, Categories: Civil Procedure, Foreclosure