10 results for 'judge:"Lavin"'.
J. Lavin finds that the lower court improperly denied defendant's postconviction petition alleging ineffective assistance of counsel. Defendant pleaded guilty in adult criminal court to murder of a police officer via accountability, a crime she committed at age 15 at the behest of her 20-year-old boyfriend. Counsel orally asserted a proportionate penalties violation, but failed to amend defendant's petition to actually include this petition in her filing. Further, the state does not dispute that if defendant lost a single day of good time credit, her sentence would become a de facto life sentence. Reversed.
Court: Illinois Appellate Court, Judge: Lavin, Filed On: March 25, 2024, Case #: 220807, Categories: Ineffective Assistance, Sentencing
J. Lavin finds the trial court properly dismissed this Digital Infrastructure and Video Competition Act of 2006 claim in favor of Netflix and Hulu. The city’s interpretation of California state law was wrong because the Act does not allow local governments to request franchise fees from non-franchise video service providers. The commission is responsible for any enforcement of franchising authority. Affirmed.
Court: California Courts Of Appeal, Judge: Lavin, Filed On: February 22, 2024, Case #: B321481, Categories: Communications
J. Lavin finds that the lower court properly found defendant, age 70, a sexually violent person and committed him to a secure facility. The record shows that defendant did not object to the state's repeated continuances, so he was not denied a speedy trial. Further, the state's Sexually Violent Person petition was timely, as it could not be filed until defendant's prison term was over. Affirmed.
Court: Illinois Appellate Court, Judge: Lavin, Filed On: December 26, 2023, Case #: 220168, Categories: Sex Offender, Commitment
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J. Lavin finds that the lower court properly found defendant guilty of being an armed habitual criminal. The state established that defendant possessed a firearm with two prior qualifying felonies, and police have reasonable suspicion to frisk and search him for weapons during a traffic stop. Affirmed.
Court: Illinois Appellate Court, Judge: Lavin, Filed On: September 29, 2023, Case #: 200917, Categories: Firearms, Search
J. Lavin holds that the trial court properly dismissed a wrongful death action after finding that decedent's injury and death were related to his employment and fell within the exclusive ambit of workers' compensation. The dual capacity exception does not apply because the employer provided first aid in its capacity as decedent's employer, not as medical providers outside the employment relationship. The fraudulent concealment exception does not apply because the employer first learned of decedent's injuries when he told them. Affirmed.
Court: California Courts Of Appeal, Judge: Lavin, Filed On: September 19, 2023, Case #: B322732, Categories: Negligence, Workers' Compensation
J. Lavin finds the trial court properly convicted defendant for aggravated sexual assault and aggravated kidnapping for the oral and vaginal rape of the victim under Chicago's south side train tracks, sentencing him to 24 years in prison. All evidence supports conviction. DNA evidence was properly obtained, and the warrantless arrest on the outside steps of defendant's home was properly made due to probably cause. Affirmed.
Court: Illinois Appellate Court, Judge: Lavin , Filed On: June 30, 2023, Case #: 1-22-0520, Categories: Dna, Evidence, Sex Offender
J. Lavin finds that the lower court properly dismissed a woman's complaint against a real estate company which canceled a business deal in response to the woman's social media postings regarding the January 6, 2021 Capitol riot. The company's statement about the deal's cancellation cannot be read as an attempt to defame the woman, but as an effort to protect the company's reputation. Affirmed.
Court: Illinois Appellate Court, Judge: Lavin, Filed On: June 12, 2023, Case #: 1220950, Categories: Defamation
J. Lavin finds that the lower court properly determined the District had to pay the former firefighter's health insurance premiums because he met the requirements of showing he suffered a catastrophic injury - cancer - resulting from his response to fires that exposed him to chemicals, fertilizers, and radiation. The firefighter is not required to prove that his exposure to these carcinogens was the sole cause of his cancer. Affirmed.
Court: Illinois Appellate Court, Judge: Lavin, Filed On: May 22, 2023, Case #: 220879, Categories: Health Care, Insurance, Pensions