9 results for 'judge:"Neville"'.
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
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. 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. 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
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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
[Consolidated.] J. Neville finds that the trial court properly sentenced both defendants to life in prison without parole for separate murders committed when they were 19 years old. The protections of Miller v. Alabama do not extend to young adults, even if they have intellectual disabilities. Affirmed.
Court: Illinois Supreme Court, Judge: Neville, Filed On: May 18, 2023, Case #: 126461, Categories: Juvenile Law, Murder, Sentencing
J. Neville finds that the appeals court improperly denied the estate's motion to convert a respondent in discovery to a defendant in this wrongful death action. The estate presented evidence, in the form of medical records, that support a finding that the respondent's negligence was a proximate cause of the decedent's death. Reversed.
Court: Illinois Supreme Court, Judge: Neville, Filed On: May 18, 2023, Case #: 128651, Categories: Health Care, Wrongful Death, Discovery