13 results for 'judge:"Lampkin"'.
J. Lampkin finds that the lower court properly denied defendant's request for pretrial release on child pornography charges. Defendant repeatedly victimized vulnerable children within the privacy of his own home, and the court reasonably determined it could not effectively impose a "no internet" condition if defendant were released on bail. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: May 1, 2024, Case #: 240422, Categories: Bail, Child Pornography
J. Lampkin finds that the lower court improperly granted the state's motion to detain defendant pending trial on charges of armed violence and possession of a controlled substance, followed by new charges of domestic violence committed while he was on bail. The state's petition was untimely, as it was not filed within 21 days of defendant's arrest. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: April 25, 2024, Case #: 232351, Categories: Bail
J. Lampkin finds that the lower court properly dismissed an attorney's First Amendment challenge to a village ordinance requiring public comments of special village board meetings to be germane to agenda items. This relevancy restriction on council meetings is reasonable, even though it is content based, in light of the purpose of board meetings to effectively conduct business of specified matters and ensure citizens have the time to present their views. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: April 24, 2024, Case #: 230139, Categories: Municipal Law, First Amendment
J. Lampkin finds that the lower court improperly denied defendant pretrial release on attempted murder charges. The state failed to file a petition for detention at defendant's first appearance or within 21 days of his arrest and release. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: March 18, 2024, Case #: 232479, Categories: Murder, Bail
J. Lampkin finds that the lower court properly denied the law firm's motion to dismiss on the basis of forum non conveniens. The international law firm is based in Chicago, and there is no basis for finding that London is a more appropriate forum when England has no greater interest in applying Russian law than Cook County, and none of the alleged malpractice took place in London. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: February 14, 2024, Case #: 230095, Categories: International Law, Jurisdiction
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J. Lampkin finds that the lower court properly denied defendant pretrial release on charges of armed violence and unlawful use of a weapon by a felon. There is strong evidence supporting the state's case that defendant threatened his landlord with a gun while in possession of crack cocaine. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: February 8, 2024, Case #: 232336, Categories: Firearms, Bail
J. Lampkin finds that the lower court erred in denying defendant pretrial release on his charge of aggravated battery/discharge of a firearm. Defendant has no criminal record and believed his wife, who was divorcing him, had left the house when he discharged the gun. While his behavior was dangerous, even defendants accused of violent offenses are presumed eligible for pretrial release. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: December 18, 2023, Case #: 231753, Categories: Firearms, Bail
J. Lampkin finds that the lower court properly upheld the state agency's subpoena issued to the capital firm's bank. The scope of the subpoena was valid and reasonably related to the state's interest in determining if the firm committed fraud by misusing investments through related-party transactions, including loans or payments to insiders. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: December 13, 2023, Case #: 230002, Categories: Agency, Discovery, Banking / Lending
J. Lampkin finds that the lower court properly found for the city in a trip and fall suit after the court refused the woman's ordinary negligence liability issue instruction. The evidence does not support a finding that the city conducted any activity on the premise that created the hole in the sidewalk, nor did the hole arise as part of the city's business. Therefore, the court correctly instructed the jury on premises liability rather than ordinary negligence. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: November 15, 2023, Case #: 221116, Categories: Jury, Negligence
J. Lampkin finds that the hearing officer properly reversed the board's decision to dismiss a tenured professor after he failed to report to work for four days. The hearing officer correctly found the Board must bear the burden of proving that the professor intended to abandon his job. However, the facts don't support such a finding, as the professor testified he believed he could use his personal days during registration week to attend a funeral. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: November 8, 2023, Case #: 230285, Categories: Administrative Law, Education, Employment
J. Lampkin finds that the lower court improperly awarded a man $18 million after finding that the trucking company was the shipping broker's agent at the time of the accident. The evidence overwhelmingly shows that the driver and trucking company were not the broker's agents as the broker exercised little to no control over the company's drivers. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: September 27, 2023, Case #: 220633, Categories: Tort, Negligence
J. Lampkin finds that the lower court properly denied the former correctional officers' challenge to the composition of the Cook County Sheriff's Merit Board, which decided to fire the officers because they witnessed another officer's use of excessive force against an inmate and failed to intervene. This complaint is barred by the de facto officer doctrine because the officers did not challenge the Board's authority before it took substantive action in their cases. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: September 13, 2023, Case #: 221376, Categories: Administrative Law, Employment
J. Lampkin finds that the lower court improperly found the mother abused or neglected her four children, and placed them in the state or their father's custody. Defense counsel acquiesced to the state's request to admit 18,000 pages of medical records, including a damaging legal opinion from a medical doctor on which the lower court heavily relied. Counsel's failure to even attempt to shield her client from this damaging evidence constitutes deficient representation. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: June 8, 2023, Case #: 220881, Categories: Family Law