10 results for 'judge:"Schostok"'.
J. Schostok finds that the lower court properly granted the state's petition to deny defendant pretrial release on charges of aggravated unlawful use of a weapon. The firearm, gun parts, and ammunition found at defendant's house sufficiently show that he posed a danger to the community and no condition of release could mitigate that risk. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: April 30, 2024, Case #: 240077, Categories: Firearms, 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. Schostok finds that the lower court improperly limited the employee's award of attorneys fees after he prevailed on the claim that his employer failed to pay him earned commissions for work completed under his contract. The court should not have limited its fee award to only one of the complaint's for counts. Reversed in part.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: October 11, 2023, Case #: 230030, Categories: Employment, Attorney Fees, Contract
J. Schostok finds that the lower court properly convicted defendant of three counts predatory sexual assault of a child. The convictions do not violate one-act, one-crime principles because the jury was clearly aware that the verdict forms required it to find the conduct happened on at least three separate occasions to find him guilty on each count. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: September 12, 2023, Case #: 220176, Categories: Sex Offender, Child Victims
J. Schostok finds that the lower court properly upheld the board's decision to fire a tenured teacher after he was arrested for domestic battery, then lied about the incident when the board investigated. The board reasonably determined that honesty was a basic expectation of the teacher's employment and he willfully misled the board regarding his conduct. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: September 8, 2023, Case #: 220453, Categories: Administrative Law, Employment
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J. Schostok finds that the lower court improperly convicted defendant on two counts of predatory criminal sexual assault of a child. The state failed to disclose an expert witness who testified at trial on matters of child psychology, and defense counsel did not object to this discovery violation. Counsel's explanation that she did not object due to "surprise" is not a reasonable trial strategy. Reversed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: August 25, 2023, Case #: 220114, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Schostok affirms the no-jury trial court’s conviction of defendant on three counts of child abduction, arising from his repeated refusals to return his two daughters to their mother in Illinois in violation of a court order requiring him to return them “immediately.” The trial court had "a superior ability to observe the parties' demeanors as they testified" and believed the mother's account of events over the father's account. The evidence will not be reweighed. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: July 26, 2023, Case #: 220190, Categories: Evidence, Ineffective Assistance, Child Victims
J. Schostok finds that the lower court properly convicted defendant of domestic battery after barring him from introducing evidence of the victim's mental health as it related to her credibility. The court correctly sustained the state's objection to questions about whether the victim's lithium prescription acted as a mood stabilizer, and whether she had been diagnosed with bipolar disorder, as those questions do not relate to the victim's ability to perceive reality. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: July 7, 2023, Case #: 210110, Categories: Domestic Violence
J. Schostok finds that the lower court properly denied defendant's request to file a successive post-conviction petition challenging his sentence to life without parole for a murder committed at age 18. The legislature later made it illegal to deny any chance of parole to offenders under the age of 22, but the law does not apply retroactively. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: July 7, 2023, Case #: 210312, Categories: Habeas, Murder
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