12 results for 'judge:"Hutchinson"'.
J. Hutchinson finds that the lower court properly ordered defendant detained prior to trial on charges of aggravated DUI as a danger to the community. Defendant is responsible for the death of a mother and infant in a car accident, and never turned himself in on the warrant for his arrest until he was arrested on unrelated drug charges. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: April 22, 2024, Case #: 230489, Categories: Bail, Dui
J. Hutchinson finds that the lower court properly denied defendant's request for pretrial release on domestic violence charges. Defendant has a significant criminal history of assaultive conduct, and it was reasonable to find no pretrial conditions could mitigate defendant's danger to his victim. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson , Filed On: March 28, 2024, Case #: 230476, Categories: Bail, Domestic Violence
J. Hutchinson finds that the lower court properly found that defendant is not entitled to credit against his sentence for time spent confined at home while on bond, but improperly summarily dismissed his postconviction petition. Time spent on home supervision as a condition of pretrial release is not required to be credited against his sentence. Affirmed in part.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: March 20, 2024, Case #: 230099, Categories: Firearms, Sentencing, Bail
J. Hutchinson finds that the lower court properly revoked defendant's pretrial release on charges of attempted aggravated assault. Defendant was released on the condition he not commit any additional offenses, and was charged with an additional violent offense for punching a minor only 12 days later. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: February 15, 2024, Case #: 230504, Categories: Assault, Bail
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J. Hutchison, upon remand from the Fourth Circuit, answers a certified question concerning how chemical exposure and latent images interact with bodily injury insurance coverage. A contracting firm was sued by former employees, who claimed they developed cancer after working amid dangerous chemicals for decades at its tank maintenance facility. Despite issuing the firm multiple personal injury policies over the period in question, the contractor’s insurer said the workers’ claims were not covered. The court found that, although the policy language was ambiguous, the insurer obligated to indemnify the contractor under the “continuous trigger theory,” which accounts for injuries that may take place over a long period of time.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchinson, Filed On: November 8, 2023, Case #: 22-848, Categories: Insurance, Contract, Workers' Compensation
J. Hutchinson finds that the lower court properly convicted defendant of threatening a public official for sending threatening electronic messages to two probation officers through a jail kiosk system. Probation officers are public officials under the definition of the crime because their office is established by statute and the discharge a public duty. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: September 26, 2023, Case #: 220288, Categories: Threats
J. Hutchinson answers in the affirmative the certified question of whether an executive order under which the nursing home seeks immunity provides “blanket immunity for ordinary negligence [claims] to healthcare facilities that rendered assistance to the state during the Covid-19 pandemic.” The question comes from several wrongful-death suits where each decedent passed from complications during the pandemic and alleges that the nursing home negligently failed to control the spread. The court of appeals modifies the question as follows: “Does [the] Executive Order … which triggered the immunity … grant [it] for ordinary negligence claims to healthcare facilities that rendered assistance to the State during the COVID-19 pandemic?” The question is not what the executive order says but what the relevant statute invoked by the order says, which is clear that, except for willful misconduct, any “private person, firm or corporation” who renders “assistance … at the request of the State during [a] disaster shall not be civilly liable for causing the death of, or injury to, any person.” Remanded.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: August 17, 2023, Case #: 2-22-0180, Categories: Health Care, Wrongful Death, Covid-19
J. Hutchinson finds that the lower court properly convicted defendant of domestic battery of an insulting nature after admitting certain hearsay statements made by the victim. The victim's initial statement that the altercation was nothing more than "mutual pushing" does not detract from the trustworthiness of her subsequent statements. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: August 16, 2023, Case #: 220289, Categories: Domestic Violence
J. Hutchinson finds that the lower court properly convicted defendant of domestic battery for strangulating his girlfriend. The evidence was sufficient for a jury to find that defendant exerted enough pressure on his girlfriend's throat to impede her breathing. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: July 18, 2023, Case #: 220128, Categories: Domestic Violence
J. Hutchinson finds the trial court properly convicted defendant for aggravated battery, resisting a peace officer, fleeing and one traffic violation. Defendant drove off while the officer reached into the vehicle in an attempt to unlock the door after he pulled her over for unsafe passing. The state agrees that the resisting conviction must be vacated because it is based on the same act as the battery conviction, that is the trapping of the officer's arm in the window. Affirmed in part, vacated in part.
Court: Illinois Appellate Court, Judge: Hutchinson , Filed On: June 29, 2023, Case #: 2-22-0084, Categories: Obstruction, Battery, Vehicle
J. Hutchinson finds the trial court improperly convicted defendant for aggravated battery with a firearm and second-degree murder. The jury was mistakenly provided with the state’s closing argument PowerPoint presentation during deliberations. It cannot be said that the error and resulting prejudice was “harmless beyond a reasonable doubt.” Reversed.
Court: Illinois Appellate Court, Judge: Hutchinson , Filed On: June 28, 2023, Case #: 2-22-0178, Categories: Firearms, Jury, Murder