324 results for 'court:"Illinois Appellate Court"'.
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
J. DeArmond finds that the lower court properly granted summary judgment to the plaintiff property owners in a dispute over an access easement. The defendant property owners intentionally interfered with the plaintiff property owners' use of their easement and illegally deprived them of access to their fields. Affirmed.
Court: Illinois Appellate Court, Judge: DeArmond, Filed On: June 7, 2023, Case #: 220900, Categories: Property
J. Ellis finds that the lower court improperly ordered defendant jailed until he paid a $262,000 contempt fine for failing to answer discovery in a collection action. Defendant's release may not be tied to his payment of the fine, but must be tied to his compliance with the court's discovery orders. Coercing the man to pay the fine cannot purge him of his contempt for failing to answer discovery. Reversed.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: June 6, 2023, Case #: 230012, Categories: Contempt
J. Coghran reverses a trial court’s order dismissing and compelling arbitration of a daughter’s negligence claims against her late mother’s long-term care facility. The arbitration agreement in this case is unenforceable, and it is not necessary to address the daughter’s remaining claims that the nursing home’s arbitration agreement was unconscionable. Reversed and remanded.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: June 5, 2023, Case #: 220391, Categories: Arbitration, Wrongful Death, Elder Abuse
J. Pucinski affirms a lower-court ruling denying defendant’s third request to challenge the constitutionality of his prison sentence, based on youth and background. It is true that the 56-year sentence the defendant received for a murder and home invasion he committed at age 22 was effectively a life sentence. However, based on the current legal landscape and relevant facts of the case, the trial court properly denied the defendant’s petition.
Court: Illinois Appellate Court, Judge: Pucinski, Filed On: June 5, 2023, Case #: 1211405-U, Categories: Juvenile Law, Murder, Sentencing
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J. Johnson affirms the trial court’s no-jury conviction of the defendant for one count of attempted murder, after the shooting of two men on a party bus. His 31-year prison sentence is remanded for resentencing. The trial court acquitted the defendant of attempted murder in the shooting of the first man, who remained in a hospital on life support. Defendant was convicted as charged in the shooting of the second victim, who still had a bullet lodged under his heart. Defendant correctly argued that his counsel was ineffective for failing to argue for a sentence reduction. Remanded for resentencing.
Court: Illinois Appellate Court, Judge: Johnson, Filed On: June 2, 2023, Case #: 220296, Categories: Firearms, Intent, Sentencing
J. Albrecht affirms the trial court’s conviction of the defendant sentenced to 25 years in prison for the violent carjacking of a woman with two kids at a Shell gas station, dismissing defendant’s challenge that there was insufficient evidence to support the aggravating that there was a 15-year-old passenger in the blue Nissan at the time of the offense. Any rational trier of fact could have found that the essential elements of the offense were proven beyond a reasonable doubt. While it is true that the evidence reflects no passengers were inside the vehicle by the time defendant sped off, this is not the determinative time frame for when the offense commenced.
Court: Illinois Appellate Court, Judge: Albrecht, Filed On: June 2, 2023, Case #: 22-0191, Categories: Jury, Theft, Vehicle
J. Johnson reverses and remands for a new trial the murder and attempted murder convictions of a 19-year-old defendant sentenced to 56 years in state prison. The trial court erred by refusing to provide certain jury instructions requested by defendant, including the specific intent required for attempted murder. The defendant claims the murder victim was a good friend of his from the school swim team and he did not know a codefendant was armed for a planned drug rip-off. The codefendant was acquitted of all charges.
Court: Illinois Appellate Court, Judge: Johnson, Filed On: June 2, 2023, Case #: 210848, Categories: Murder, Double Jeopardy, Jury Instructions
J. Davenport vacates the nine-year prison term of a defendant convicted of repeatedly punching a 70-year-old man in convenience store, finding the trial court’s “alarming remarks” at his sentencing rendered the hearing “fundamentally unfair.” Defendant’s case is remanded for resentencing by a different judge. “While we neither condone defendant’s conduct nor minimize the circumstances of the crime, the inescapable conclusion from a review of the record is that the sentencing hearing was affected by judicial bias.”
Court: Illinois Appellate Court, Judge: Davenport, Filed On: June 2, 2023, Case #: 200389, Categories: Sentencing, Battery, Elder Abuse
J. Moore affirms the jury trial conviction and sentence of the defendant for being an armed habitual criminal. He knowingly possessed a Smith & Wesson .40 caliber pistol, after having previously been convicted of felony drug offenses. The gun was found under the driver’s seat of a vehicle the defendant had been driving for hours while drinking. The gun was only accessible to the driver. The evidence, including DNA evidence from the grip of the gun linked to the defendant, was sufficient beyond a reasonable doubt to sustain the conviction on appeal. Additionally, the defendant’s actions in refusing police commands to exit the vehicle and failing to keep his hands out of the window show “consciousness of guilt.” Affirmed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: June 2, 2023, Case #: 220047, Categories: Evidence, Firearms, Vehicle
J. McLaren affirms the lower court’ jury verdict finding a motorist guilty of using a handheld cellular device while driving. The motorist argued that because her traffic citation incorrectly stated she must appear in court and failed to identify the potential penalty for the offense, she was denied the opportunity to plead guilty without having to appear. Further, the citation failed to identify the nature of the offense, impeding her ability to prepare a defense. The motorist ultimately had the opportunity to plead guilty and the citation adequately notified her of the nature of the charge. Affirmed.
Court: Illinois Appellate Court, Judge: McLaren, Filed On: June 2, 2023, Case #: 220336, Categories: Evidence, Vehicle
J. Johnson affirms the trial court’s convictions of the defendant for stealing an unattended car at a gas station then leading police on a high-speed chase until his arrest, after he crashed the vehicle into a building. The case is returned to the trial court to eliminate improperly added convictions. The defendant’s corrected convictions are for one count of aggravated auto theft and one count of unlawful flight to a peace officer, with concurrent sentences of four years and two years respectively. Affirmed.
Court: Illinois Appellate Court, Judge: Johnson, Filed On: June 2, 2023, Case #: 220231, Categories: Ineffective Assistance, Sentencing, Vehicle
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
J. Moore finds that the lower court improperly found for the injured plaintiff in a motor vehicle negligence suit after barring admission of impeachment evidence and testimony regarding her medical expert. Plaintiff relied heavily on the expert's testimony during closing arguments, so the failure to allow a full cross-examination of the expert was prejudicial to the defendant's case. Reversed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: May 26, 2023, Case #: 220289, Categories: Vehicle, Negligence, Experts
J. Martin finds that the lower court improperly held the village in contempt for alleged violation of a court injunction prohibiting it from interfering with the property owners rights. The court improperly shifted the burden of proof to the village without the property owners first meeting their burden of showing the village infringed on their property rights. Vacated.
Court: Illinois Appellate Court, Judge: Martin, Filed On: May 25, 2023, Case #: 211580, Categories: Contempt, Property, Sanctions
J. Davenport finds that the lower court improperly granted the homeowner's motion to vacate the court's prior order directing the county clerk to issue a tax deed to the petitioner. The petitioner properly published notice of the 2016 tax sale in the Herald News, even though it is not published in Crete, Illinois where the homeowner resides. The record established that no newspaper was published in Crete, so the petitioner could properly publish in a county newspaper. Reversed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: May 25, 2023, Case #: 220226, Categories: Civil Procedure, Foreclosure
J. Walker finds that the lower court properly applied the Joint Tortfeasor Contribution Act to set off a portion of the employees' settlement with their employer against a potential judgment in a different case. The court reasonably found that if the employees obtained a judgment against the car rental company in the different case, it would be entitled to a setoff of 30 percent of the total settlement. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 24, 2023, Case #: 2201018, Categories: Tort, Damages
J. Walker finds that the lower court properly dismissed a class action against the insurer for violating the Illinois eavesdropping statute. The insured was not a party to the conversation between its attorney and the insurer, so the insurer's recording of its conversation with the attorney did not injure the insured. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 24, 2023, Case #: 220601, Categories: Communications, Class Action
J. Schostok finds that the lower court properly dismissed a wife's intentional infliction of emotional distress claims based on her husband's hiring of investigators to conduct surveillance of her for over three years. The Illinois Domestic Violence Act does not provide victims a private right of action. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: May 24, 2023, Case #: 220086, Categories: Emotional Distress
J. Hyman finds that the lower court properly dismissed the woman's second amended trip-and-fall suit because she failed to correctly identify the location of the accident in her first two filings. Therefore, the second amended complaint does not "relate back" to the original complaint, it could not have given the transit agency adequate notice of her claims, and it is untimely. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: May 22, 2023, Case #: 220791, Categories: Civil Procedure, Tort
J. McHaney finds that the lower court improperly terminated the father's parental rights. The state failed to conduct a diligent inquiry to locate the father as required for service by publication, and in fact, the state failed to even attempt to serve the father by personal service or certified mail despite knowing a recent address. Reversed.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: May 22, 2023, Case #: 230012, Categories: Civil Procedure, Family Law
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
J. Mikva finds that the Board improperly fired a courtroom deputy for his conduct during an incident where a female detainee was sexually assaulted in the courthouse bathroom by two male detainees. The sheriff never presented evidence that the sexual assault actually occurred, only that the detainees were in the restroom cell together. Further, there is no basis for finding that the deputy placed the male detainees in the bathroom, as the only testimony describes the deputy who did so as a white man, but the deputy is Black. Reversed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: May 19, 2023, Case #: 220320, Categories: Employment