324 results for 'court:"Illinois Appellate Court"'.
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. Pucinski finds that the lower court improperly denied defendant's pro se postconviction motion challenging his life sentence for aggravated vehicular hijacking. The law does not permit a prior conviction committed before age 21 to be used as a qualifying offense for Class X sentencing. Defendant's case is remanded for resentencing. Reversed.
Court: Illinois Appellate Court, Judge: Pucinski, Filed On: March 25, 2024, Case #: 211190-B, Categories: Juvenile Law, 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. Lyle finds that the lower court properly vacated the administrative judge's ruling that the company owed $69,000 to the county for unpaid gasoline tax. The company was not required to collect fuel tax on gasoline delivered to a gas station owned by the same business entity. Reversed in part.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: March 22, 2024, Case #: 22056, Categories: Tax
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J. Hutchinson finds that the lower court properly found that defendant is not entitled to credit against his sentence for time spent confined at home while on bond, but improperly summarily dismissed his postconviction petition. Time spent on home supervision as a condition of pretrial release is not required to be credited against his sentence. Affirmed in part.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: March 20, 2024, Case #: 230099, Categories: Firearms, Sentencing, Bail
J. Schostok finds that the lower court improperly denied defendant pretrial release on charges of aggravated fleeing and identity theft. There was not sufficient evidence to support the trial court's determination that defendant posed a high likelihood of willful flight to avoid prosecution. Reversed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: March 19, 2024, Case #: 240015, Categories: Bail, Escape, Identity Theft
J. McBride finds that the lower court properly denied defendant's request for pretrial release on charges of being an armed habitual criminal and unlawful use of a weapon. Defendant had prior convictions for attempted murder and was on parole at the time of his arrest. With this evidence, the state met its burden of providing defendant poses a real threat to the safety of the community. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: March 19, 2024, Case #: 232482, Categories: Firearms, Parole, Bail
J. Hyman finds that the lower court improperly denied defendant's request for pretrial release on charges of reckless homicide. The state fails to acknowledge the pretrial service's recommendation that defendant be released with monitoring, or defendant's cooperation with the investigation. The state has therefore failed to show that there is no condition with which it can mitigate the threat of releasing defendant before trial. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 19, 2024, Case #: 232245, Categories: Bail, Vehicular Homicide
J. Cobbs finds that the lower court improperly found defendant guilty of possession of a stolen motor vehicle. The evidence presented at trial is "so unsatisfactory" that it creates reasonable doubt of defendant's guilty. Reversed.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: March 19, 2024, Case #: 221875, Categories: Evidence, Vehicle
J. Boie finds that the lower court improperly denied defendant's petition for pretrial release on child pornography charges. There is no provision permitting the court to sua sponte consider the denial of pretrial release absent the state's filing of a verified petition. Reversed.
Court: Illinois Appellate Court, Judge: Boie, Filed On: March 19, 2024, Case #: 240041, Categories: Bail, Child Pornography
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. Steigmann finds that the Board properly entered a final order for a set of state-wide standards regulating the storage and disposal of coal ash in surface impoundments, rejecting several energy companies' objections. The Board did not act arbitrarily by adopting a requirement for monthly groundwater monitoring, and by requiring an operator who elects to close an impoundment to remove containment system components such as the impoundment liner and contaminated subsoils. Affirmed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: March 14, 2024, Case #: 210304, Categories: Administrative Law, Energy, Environment
J. Birkett finds that the lower court properly convicted defendant of criminal sexual assault of his stepdaughter. Defendant cannot blame the trial court for his counsel's decision not to play the victim's full interview for the jury when he had the opportunity to do so. Further, it was a reasonable trial strategy not to present this evidence to the jury because it might have generated additional sympathy for her in the eyes of the jury. Affirmed.
Court: Illinois Appellate Court, Judge: Per curiam, Filed On: March 13, 2024, Case #: 230125, Categories: Evidence, Sex Offender
J. Davenport dismisses the wife's petition for leave to appeal the lower court's denial of her request to transfer a post-dissolution proceeding from Will County to Grundy County. The appeal is untimely, as her motion to reconsider before the lower court did not toll the 30-day deadline to appeal.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: March 13, 2024, Case #: 240103, Categories: Civil Procedure, Family Law
J. Hyman finds that the lower court properly found the doctor guilty of medical malpractice by failing to properly intubate a patient, causing permanent brain damage. The court correctly instructed the jury that it needed to unanimously find the doctor was negligent, but did not need to be unanimous as to which one of his acts constituted the negligence. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 8, 2024, Case #: 230134, Categories: Jury, Medical Malpractice
J. Hettel finds that the village's appeal of the lower court's decision to suppress evidence of a man's field sobriety test must be dismissed for lack of jurisdiction. The village does not have a right to appeal because it charged defendant with violating a local ordinance, not with a violation of the vehicle code.
Court: Illinois Appellate Court, Judge: Hettel, Filed On: March 7, 2024, Case #: 230002, Categories: Evidence, Municipal Law
J. McDade finds that the lower court properly rejected the husband's petition to terminate his monthly payments to his ex-wife. There is no merit to the husband's claim that the court's original 1992 order was void because it lacked jurisdiction to divide his federal benefits. Affirmed.
Court: Illinois Appellate Court, Judge: McDade, Filed On: March 7, 2024, Case #: 220125, Categories: Family Law
J. Mitchell finds that the lower court improperly enjoined the Board of Elections from counting and reporting votes related to the "Bring Chicago Home" referendum on the March 19, 2024 ballot, which relates to the creation of a graduated transfer tax on Chicago real estate. The complaint challenging the proposed initiative is premature, and the lower court erred by interfering with the legislative process. Reversed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: March 6, 2024, Case #: 240417, Categories: Elections, Real Estate, Tax
J. McHaney finds that the lower court improperly convicted defendant of aggravated battery without providing him a preliminary hearing or indicting him by grand jury. Therefore, there was no probable cause determination on the charges he faced as required by the Illinois Constitution. Reversed.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: March 5, 2024, Case #: 220492, Categories: Constitution, Battery, Due Process
J. Van Tine finds that the lower court properly granted the state's petition to deny defendant pretrial release on charges of being an armed habitual criminal and reckless discharge of a weapon after firing a revolver at people at a gas station. The court reasonably found that defendant's conduct shows he poses a threat to the community and that even electronic monitoring would mitigate that threat. Affirmed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: March 1, 2024, Case #: 232453, Categories: Firearms, Bail
J. Hyman finds that the lower court improperly found the crime-fraud exception to attorney-client privilege applicable to alleged defamatory conduct by attorneys in this suit where a law firm published the results of its investigation into its client's financial governance, finding that its former pastor had misappropriated church resources to fund an extravagant lifestyle. The pastor presented no evidence showing the church sought advice from its attorneys with the intent to defame him, and extending the crime-fraud exception to this kind of claim would risk deterring clients from seeking legal advice. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 1, 2024, Case #: 230089, Categories: Fraud, Privilege, Legal Malpractice
J. Cates finds that the lower court properly convicted defendant of attempted murder, after defendant knowingly and voluntarily waived his right to counsel. There were no significant changes during the trial that required re-admonishments of the risks of proceeding pro se. Further, defendant forfeited the issue of whether the state made improper remarks during closing arguments. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: March 1, 2024, Case #: 220008, Categories: Murder, Prosecutorial Misconduct, Self Representation
[Consolidated.] J. Rochford finds that the lower court improperly found for Motorola on negligence claims stemming from the plaintiffs' fathers' exposure to reproductively toxic chemicals at their employment, allegedly causing their children to be born with severe birth defects. There is a genuine issue of fact as to whether Motorola's health policy actually increased its employees' risk of child birth defects, as well as the feasibility of the plaintiffs' expert's proposed recommendations as to how the company should guard against injuries to its workers' unborn children. Reversed.
Court: Illinois Appellate Court, Judge: Rochford, Filed On: February 29, 2024, Case #: 220884, Categories: Employment, Tort, Negligence
J. Hoffman finds that the tax tribunal properly determined that the aviation supplier was not entitled to a sales tax exemption for property temporarily store in-state before being transported and used out-of-state. The supplier's customers' purchases of aviation fuel were partially consumed in Illinois. Affirmed.
Court: Illinois Appellate Court, Judge: Hoffman, Filed On: February 29, 2024, Case #: 230072, Categories: Tax
J. Zenoff finds that the lower court improperly granted the state's petition to revoke defendant's pretrial release conditions based on his arrest for meth possession. The state's petition to revoke defendant's probation did not allege that defendant committed a new criminal offense, so defendant was entitled to pretrial release pending the hearing on this petition. Vacated.
Court: Illinois Appellate Court, Judge: Zenoff, Filed On: February 28, 2024, Case #: 231524, Categories: Drug Offender, Bail
J. McBride finds that the lower court properly terminated the father's parental rights to his son. The father failed to maintain a reasonable degree of interest in the child's welfare or make progress toward reunification, while the child's foster family wishes to adopt him. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: February 27, 2024, Case #: 231530, Categories: Family Law
J. Brennan finds that the lower court improperly granted the state's untimely petition to deny defendant pretrial release on drug charges. The state's petition was due 21 days after defendant's arrest, but it was not filed until 51 days later. Vacated.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: February 26, 2024, Case #: 230728, Categories: Drug Offender, Bail
J. Doherty finds that the lower court improperly convicted defendant of possession of cannabis plants and possession of meth after denying his motion for a Franks evidentiary hearing. Defendant sufficiently showed that the affidavit supporting the application for a search warrant for his home contained facts shown to be false, and those facts were necessary to establish probable cause for the search. Reversed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: February 26, 2024, Case #: 221109, Categories: Drug Offender, Search
J. Tailor finds that the lower court improperly granted the mother's petition on behalf of her daughter for an order of protection against the father on the basis of alleged sexual abuse. The trial court's decision to question the 18-year-old girl in camera about her preference regarding allocation of parental responsibility violated the father's due process rights, as he was prevented from challenging her credibility through cross-examination. Reversed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: February 23, 2024, Case #: 230935, Categories: Family Law, Due Process