11 results for 'judge:"Oden Johnson"'.
J. Oden Johnson finds that the lower court properly dismissed defendant's postconviction motion challenging his murder conviction and sentence. Defendant was not prejudiced by a joint trial with his co-defendant, even if co-defendant was the one who wielded the gun during the crime. Further, defendant's 38-year sentence was not excessive, and would not qualify as a life sentence even if he had been a juvenile at the time of the crime. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: May 10, 2024, Case #: 221748, Categories: Murder, Sentencing
J. Oden Johnson finds that the lower court properly granted summary judgment to the gas station seller in a contract dispute over a buyer's agreement to purchase the property for $800,000. The buyer entered into a fuel purchase agreement with the seller, despite already having an existing agreement, but still closed on the property anyway. It clearly breached that part of the contract, so the seller is entitled to rescission of the sale. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: March 22, 2024, Case #: 221351, Categories: Contract
[Consolidated.] J. Oden Johnson finds that the lower court properly awarded the marble contractor $3 million in attorney fees in a long-running construction contract dispute. The contractor succeeded on appeal in reinstating its claims against a general contractor, and limiting that contractor's verdict to a small fraction of its requested damages. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: March 22, 2024, Case #: 221319, Categories: Construction, Attorney Fees, Contract
J. Oden Johnson finds that the lower court properly vacated a prior judgment in this family estate dispute, finding that the intervenors were necessary parties. The record shows there was no effort to notify the intervenors of the existence of the case prior to October 2021, which was the date judgment was entered for the son. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: February 9, 2024, Case #: 221667, Categories: Wills / Probate
J. Oden Johnson finds that the lower court properly convicted defendant of murdering a taxi driver, and sentenced him to 39 years in prison for a crime committed at age 17. Defendant's actual innocence claim, based on a new witness affidavit, must be dismissed because the testimony does not align with the video footage of the shooting. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: December 15, 2023, Case #: 220123, Categories: Murder, Sentencing
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J. Oden Johnson finds that the lower court properly dismissed the retirees' claims against the city seeking additional money and guarantees of health care. In a prior appeal, this court already found that the retirees' have "no right to receive" either money or additional healthcare guarantees from the city or its four pension funds. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: December 1, 2023, Case #: 211317, Categories: Health Care, Pensions
J. Oden Johnson finds that the lower court properly denied the star athlete's motion for reconsideration of its order permitting a minor plaintiff to pursue sex assault charges under a fictitious name. The record is insufficient to evaluate the trial court's decision, so this court cannot find an abuse of discretion. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: October 29, 2023, Case #: 230867, Categories: Civil Procedure, Tort
J. Oden Johnson finds that the lower court properly awarded attorney fees to the car dealership after it compelled the parties to arbitration. Plaintiff's attorney filed three motions to reconsider which were not well-grounded in fact and appeared to be an effort to harass the dealership or delay the proceedings. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: October 20, 2023, Case #: 221590, Categories: Arbitration, Attorney Fees
J. Oden Johnson finds that the lower court improperly convicted defendant of murder and in connection with the death of a seven-year-old in a gang shooting. Defendant did not knowingly and intelligently waive his right to counsel in this case. After repeatedly asking for an attorney for almost 24 hours, defendant "did not so much change his mind as give up." Therefore, the lower court erred in admitted defendant's confession to his gang affiliation, and the fact that the location of the shooting was in the territory of a rival gang. Reversed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: September 29, 2023, Case #: 200304, Categories: Miranda, Murder, Self Incrimination
J. Oden Johnson finds that the lower court properly convicted defendant of murder but improperly sentenced him to 50 years in prison. The evidence was sufficient to convict defendant, but the court did not ask defendant whether he wished to waive his right to appear in person at his sentencing hearing held via Zoom conference. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: June 23, 2023, Case #: 210754, Categories: Murder, Sentencing
J. Oden Johnson finds that the lower court properly ruled that the village did not have to provide health insurance for a pensioner's wife that he married four years after he was injured in the line of duty. The pensioner is not entitled to change from individual to family medical insurance because such status was not applicable when his certification was made. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: May 26, 2023, Case #: 220350, Categories: Health Care, Pensions