8 results for 'judge:"Overstreet"'.
J. Overstreet finds that the appeals court improperly found that the state municipal code constitutional preempts the city's home rule authority to administratively adjudicate violations of its ordinances. Therefore, state law is not an appropriate basis to reverse the city hearing officer's decision finding the drivers liable for violating the city's ordinances prohibiting overweight and/or overlength vehicles on non-designated roads. This decision overturns the First District's opinion in Catom Trucking v. City of Chicago. Reversed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: April 4, 2024, Case #: 129263, Categories: Administrative Law, Constitution, Municipal Law
J. Overstreet finds that the lower court properly convicted defendant of sexual assault of his four-year-old daughter. Defense counsel was not ineffective for failing to object to the admission of two positive STD tests, as this evidence was admissible at trial despite the physician-patient privilege attached to them under the exception set forth in the Abused and Neglected Child Reporting Act. Affirmed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: March 21, 2024, Case #: 129289, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Overstreet finds that the appeals court improperly reversed the circuit court's ruling that the city owed the injured cyclist no duty of care because he was not an intended user of the roadway where he struck a pothole. Although a bike rental station was just 100 ft from where the accident occurred, there were no street signs designating the roadway as a bicycle lane. Bicyclists are permitted - but not intended - users of city streets in the absence of specific markings and signage. Reversed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: December 14, 2023, Case #: 128602, Categories: Municipal Law, Tort, Vehicle
J. Overstreet finds that the lower court properly denied defendant's motion to file a successive postconviction petition alleging the state failed to disclose evidence relevant to his defense on murder charges. Defendant's pro se status in the prior proceedings is not cause for permitting the filing of a successive postconviction petition, and his claim is barred by res judicata. Affirmed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: November 30, 2023, Case #: 128740, Categories: Evidence, Habeas, Self Representation
J. Overstreet finds that the lower court improperly dismissed defendant's postconviction petition as untimely. Under the circumstances of this case, defendant cannot be held responsible for the untimely filing because her understanding of the statutory deadline was a reasonable interpretation of the law, which was not yet clarified by this court. Therefore, she shall be granted an opportunity to argue that her counsel did not fully investigate the domestic abuse she suffered at the hands of her boyfriend before advising her to plead guilty as an accomplice to murder. Reversed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: October 19, 2023, Case #: 128398, Categories: Criminal Procedure, Habeas, Murder
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J. Overstreet finds that the appeals court properly reversed the lower court's order in favor of the city on the issue of whether collateral estoppel barred two convicted murderers from litigating their excessive force claims stemming from a fatal police shooting that killed a co-conspirator. However, the court correctly entered judgment in favor of the city on the estate's claims, because the jury's interrogatory answers firmly show it found the police officers' actions were not reckless when they used deadly force. Affirmed in part.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: October 19, 2023, Case #: 127837, Categories: Civil Procedure, Jury, Wrongful Death
J. Overstreet finds that the appellate court properly found that the act of producing one's cell phone passcode is not an incriminating, testimonial act under the Fifth Amendment and is therefore not privileged. Police obtained a search warrant for defendant's phone on suspicion that he forged two paychecks but were unable to execute it because defendant refused to provide his passcode. The fact that defendant knows his phone's passcode is a "foregone conclusion" and any information that may be found on the phone after it is unlocked is irrelevant to the question because a court already authorized a search of the phone. Affirmed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: June 15, 2023, Case #: 127968, Categories: Constitution, Self Incrimination, Forgery
J. Overstreet finds that the appeals court properly found for the village and reversed dismissal of the village's complaint alleging the developer breached an annexation agreement by refusing its request for a letter of credit to secure completion of roads in the subdivision. The developer is bound by the annexation agreement as successor owners of the land subject to the agreement. Affirmed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: May 18, 2023, Case #: 128612, Categories: Property, Contract