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Articles by Jay Wiegman
Quick Takes on Illinois Supreme Court Opinions Issued Thursday, November 14, 2024
Leading appellate attorneys review the twoIllinois Supreme Court criminal opinions handed down Thursday, November 14. People v. Brown, 2024 IL 129585 By Kerry Bryson, Office of the State Appellate Defender In 2017, Alvin Brown was charged with driving while license revoked, which was a Class 2 felony based on the facts that his license revocation was for DUI and that he had 14 prior driving-while-revoked violations. In 2019, Brown pled guilty to the charge, with no agreement as to the sentence.
Quick Takes on Illinois Supreme Court Opinions Issued Friday, October 18, 2024
Leading appellate attorneys review the twoIllinois Supreme Court opinions handed down Friday, October 18. James v. Geneva Nursing & Rehabilitation Center, LLC, 2024 IL 130042 By Michael T. Reagan, Law Offices of Michael T. Reagan This Supreme Court Rule 308 appeal relates to Governor Pritzker’s disaster proclamations during the early days of the COVID-19 pandemic, which were in force from March 9. 2020, until May 11, 2023.
Quick Takes on Illinois Supreme Court Opinions Issued Friday, January 19, 2024
Our panel of leading appellate attorneys reviews the five civil and two criminal opinions handed down Friday, January 19, 2024, by the Illinois Supreme Court. People v. Frey, 2024 IL 128644 By Jay Wiegman, Assistant Appellate Defender The Post Conviction Hearing Act, 725 ILCS 5/122 1(a)(1), provides a mechanism for a criminal defendant to assert a substantial denial of his rights under the Constitution of the United States or of the State of Illinois, or both.
Quick Takes on Illinois Supreme Court Opinions Issued Thursday, November 30, 2023
Our panel of leading appellate attorneys reviews the seven civil and ten criminal opinions handed down Thursday, November 30, 2023, by the Illinois Supreme Court. People v. Webb, 2023 IL 128957 By Kerry J. Bryson, Office of the State Appellate Defender In March 2018, Dante Webb was driving a semi pulling a partially loaded car hauler when he was stopped by the police because the semi lacked the federally-required DOT markings and failed to display proper registration.
Quick Takes on Illinois Supreme Court Opinions Issued Thursday, March 23, 2023
Our panel of leading appellate attorneys reviews the two civil and three criminal opinions handed down Thursday, March 23, by the Illinois Supreme Court. People v. Whitehead, 2023 IL 128051 By Jay Wiegman, Assistant Appellate Defender Aggravated Battery is defined in the Criminal Code in a variety of ways, including by the location of the conduct: “A person commits aggravated battery when, in committing a battery . . .
Quick Takes on Illinois Supreme Court Opinions Issued Thursday, May 20, 2021
Our panel of leading appellate attorneys reviews the nine Illinois Supreme Court opinions handed down Thursday, May 20. Seven of the cases are civil and two are criminal. People v. Bochenek By Kerry J. Bryson, Office of the State Appellate Defender Dominic Bochenek was convicted of identity theft based on the unauthorized use of another person’s credit card information to purchase cigarettes.
Quick Takes on Illinois Supreme Court Opinions Issued Thursday, April 15, 2021
Our panel of leading appellate attorneys reviews the five Illinois Supreme Court opinions handed down Thursday, April 15. In People v. Wise, the court held that the state failed to prove that the defendant possessed a gun “on or about his person.” In People v.
Quick Takes on Illinois Supreme Court Opinions Issued Thursday, December 3, 2020
The Illinois Supreme Court handed down five opinions on Thursday, December 3. They included opinions in two criminal cases and three civil cases. People v. Reed By Kerry J. Bryson, Office of the State Appellate Defender Today, the Illinois Supreme Court answered the question of whether a guilty plea prevents a defendant from later asserting an actual innocence claim under the Post-Conviction Hearing Act. The court held that such a claim is not foreclosed by a guilty plea.
Quick Takes on Illinois Supreme Court Opinions Issued Thursday, November 19, 2020
The Illinois Supreme Court handed down seven opinions on Thursday, November 19. They included opinions in two criminal cases and five civil cases. People v. Reveles-Cordova By Kerry J. Bryson, Office of the State Appellate Defender Alejandro Reveles-Cordova was found guilty of both criminal sexual assault and home invasion predicated on criminal sexual assault arising out of a single incident.
Quick Takes on Illinois Supreme Court Opinions Issued Thursday, April 18
The Illinois Supreme Court issued three opinions on Thursday, April 18. The ISBA's panel of leading appellate and civil attorneys reviewed the opinions and provided summaries. In People v. Buffer, the court upheld an appellate court’s decision to vacate a defendant’s 50-year prison sentence imposed for a crime he committed when he was 16 years old and remanded the case for resentencing. In People v.
Quick Take on Illinois Supreme Court Opinion Issued Friday, February 22
The Illinois Supreme Court handed down one opinion on Friday, February 22. In Edwards v. Atterberry, the court denied a petitioner’s motion for a supervisory order but allowed him leave to file a complaint for writ of prohibition. Edwards v. Atterberry By Jay Wiegman, Office of the State Appellate Defender It is not very often that a group of appellate attorneys has difficulty determining whether an Illinois Supreme Court case is criminal or civil in nature. Edwards v.
Quick Takes on Illinois Supreme Court Opinions Issued Thursday, February 7
The Illinois Supreme Court handed down two opinions on Thursday, Feb. 7. In Beaman v. Freesmeyer, the court clarified the proper test for the “commencement or continuance” prong of the tort of malicious prosecution. In People v. Gawlak, the court reversed the appellate court’s decision in a case involving due process rights and the assistance of counsel. Beaman v. Freesmeyer By Joanne R.
Quick Takes on Illinois Supreme Court Opinions Issued Friday, January 25
The Illinois Supreme Court handed down eight opinions on Friday, Jan. 25. In People v. Witherspoon, the court considered whether a person who enters another person’s home in violation of a court order thereby enters “without authority” under the home invasion statute. In People v. Johnson, the supreme court concluded that the appellate court erred in considering the merits of a man’s sentencing challenge because he could not challenge it other than through withdrawal of his plea.
Quick Takes on Illinois Supreme Court Opinions Issued Friday, December 28
The Illinois Supreme Court handed down four opinions on Friday, Dec. 28. In Sienna Court Condominium Assoc. v. Champion Aluminum Corp., the court addressed the question of whether a purchaser of a newly constructed home could assert a claim for breach of an implied warranty of habitability against a subcontractor that had no contractual relationship with the purchaser. In Stanphill v. Ortberg, the court reviewed a jury verdict hinging on the foreseeability of a depressed person’s suicide.
Quick Takes on Illinois Supreme Court Opinions Issued Thursday, November 29
The Illinois Supreme Court handed down nine opinions on Thursday, Nov. 29. The court determined that amendments to Supreme Court Rule 604(d) do not apply retroactively in People v. Easton, confronted whether a defendant who is able to retain counsel to prepare and file his post-conviction petition is entitled to any guaranteed level of assistance from that counsel in People v.
Quick Takes on Illinois Supreme Court Opinions Issued Thursday, October 18
The Illinois Supreme Court handed down seven opinions on Thursday, October 18. The court affirmed that the warrantless use of a drug-detection dog at a man’s apartment door violated his Fourth Amendment rights in People v. Bonilla, reversed the appellate court’s judgment vacating a man’s sentences and remanding for resentencing for a murder conviction in People v. Harris, upheld a circuit court’s decision to seal two motions filed by a defendant facing murder charges in People v.
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