Supreme Court of Illinois Decisions 2015

Justia Opinion Summary: Defendant was convicted of first-degree murder in the deaths of Coleman, a 68-year-old man shot multiple times at his Chicago home in a botched robbery in 2005, and Stanley, defendant’s alleged coconspirator, gunned down…

Justia Opinion Summary: In 2011, defendant was convicted under the aggravated unlawful use of a weapon statute (AUUW) (720 ILCS 5/24-1.6(a)(1), (a)(3)(A)) and sentenced to 10 years’ imprisonment. That statute was found to be unconstitutional in…

Justia Opinion Summary: The Chicago Board of Education and the Teachers Union 2007-2012 collective bargaining agreement (CBA) established a grievance procedure that culminated in binding arbitration. In 2010, the Board notified the Union of a…

Justia Opinion Summary: Bowman, as special administrator of the Brown estate, brought a medical malpractice action against Doctor Ottney. Following pre-trial rulings on substantial issues involving discovery disclosures, Bowman voluntarily…

Justia Opinion Summary: The state sought adjudication of wardship against Michael, charging him with misdemeanor theft. Count I alleged that he obtained control over property of another under circumstances that would have reasonably induced him…

Justia Opinion Summary: Following a bench trial, defendant, Kelvin Carter, was found guilty of the 2002 murder of Edmond Allen. Identification evidence was supplied by four occurrence witnesses. The circuit court ultimately imposed a 20-year…

Justia Opinion Summary: In October 2012, defendant James Schweihs was charged in a five-count indictment with two counts of aggravated unlawful use of a weapon (AUUW), one count of violating the Firearm Owners Identification Card Act (FOID Card…

Justia Opinion Summary: In 1994, defendant Dennis Thompson fatally shot his father, Dennis Thompson, Sr., and a woman who was inside his father’s house, Don Renee Rouse. Defendant, 19 years old at the time, was arrested and charged with two…

Justia Opinion Summary: In the summer of 2013, the State filed an information charging defendant Sandro Espinoza with domestic battery. The information stated that, “said defendant, knowingly, without legal justification made physical contact…

Justia Opinion Summary: Defendant Deutsche Bank National Trust Company, as Trustee for Loan Tr. 2004-1, Asset-Backed Certificates, Series 2004-1, purchased a condominium unit at a judicial foreclosure sale in 2010. On March 27, 2012, plaintiff…

Justia Opinion Summary: The petitioner, DG Enterprises, LLC-Will Tax, LLC, purchased the 2007 delinquent real estate taxes for a property at 716 Henderson Avenue, Joliet, Illinois, from the Will County collector at a public auction on November…

Justia Opinion Summary: The issue before the Supreme Court in this appeal was whether the “void sentence rule,” should be abandoned. Defendant Steven Castleberry was convicted on two counts of aggravated criminal sexual assault based on…

Justia Opinion Summary: The issue before the Illinois Supreme Court in this case was a circuit court’s order declaring certain sections of the aggravated unlawful use of a weapon (AUUW) statute as unconstitutional. The circuit court found that…

Justia Opinion Summary: The guardian ad litem (GAL) for the minor, A.A., petitioned the circuit court to vacate a voluntary acknowledgement of paternity (VAP) signed by respondents Matthew A. and Caitlin S. with regard to A.A. The appellate…

Justia Opinion Summary: In this case, defendant Jorge Guzman argued that the Illinois Supreme Court’s decision in “Illinois v. Delvillar,” (235 Ill. 2d 507 (2009)), should have been overturned based on the United States Supreme Court’s later…

Justia Opinion Summary: Christopher B. Burke Engineering, Ltd. (Burke Engineering) filed a complaint to foreclose on a mechanics lien on property owned by Carol and Glen Harkins. Heritage Bank of Central Illinois had a mortgage interest in the…

Justia Opinion Summary: In 2000, plaintiffs filed a class action, Price v. Philip Morris, Inc. including various claims of fraud and deception by the tobacco company in its use of the terms “lights” and “lowered tar and nicotine” in marketing…

Justia Opinion Summary: M.A., then 13 years old, fought with her 14-year-old brother and cut him with a kitchen knife. M.A. was adjudicated delinquent of several offenses and ordered to register under the Murderer and Violent Offender Against…

Justia Opinion Summary: From 1966-1970, Folta was a shipping clerk and product tester for Ferro Engineering and was exposed to products containing asbestos. In 2011, Folta was diagnosed with mesothelioma, a disease associated with asbestos…

Justia Opinion Summary: In 2011, Henderson Square Condominium Association sued, alleging: breach of the implied warranty of habitability, fraud, negligence, breach of the Chicago Municipal Code’s prohibition against misrepresenting material…

Justia Opinion Summary: Henderson Square Condominium Association sued the developers, alleging: breach of the implied warranty of habitability, fraud, negligence, breach of the Chicago Municipal Code’s prohibition against misrepresenting…

Justia Opinion Summary: Defendant admitted the allegations of petitions to revoke his probation in two cases and admitted the allegations of a delinquency petition in a third case. He was sentenced to indefinite commitment in the Department of…

Justia Opinion Summary: In 2010, plaintiff filed a complaint and sought class certification, alleging that defendant sent unsolicited fax advertisement, violating the Telephone Consumer Protection Act (47 U.S.C. 227) and the Consumer Fraud and…

Justia Opinion Summary: Haney rented a car from Enterprise. While being driven by Artley, the vehicle collided with an oncoming car operated by Nelson. Nelson sued Artley, who was uninsured, and obtained a default judgment. Nelson brought a…

Justia Opinion Summary: Stapinski, indicted for unlawful possession of a controlled substance (ketamine) with intent to deliver, 720 ILCS 570/401(a)(10.5), moved to dismiss, arguing that the indictment violated his due process rights and an…

Justia Opinion Summary: Section 15-1504.1 of the Code of Civil Procedure imposes a $50 filing fee in residential mortgage foreclosure cases, two percent of which is retained by the clerk of the court in which the foreclosure complaint is…

Justia Opinion Summary: McElwain, was involved in a traffic accident.. The driver and passenger of the motorcycle that hit McElwain's vehicle had substantial injuries; the passenger died. On the date of the accident, plaintiff was neither…

Justia Opinion Summary: Then 23-year-old Fiveash was charged with aggravated criminal sexual assault and criminal sexual assault, based on his sexual penetration of the vagina and mouth of his 6-year-old cousin, P.A., in 2003, when he was 14-15…

Justia Opinion Summary: On October 14, 2010, OneWest Bank sued Standard, as trustee, and unknown trust beneficiaries, to foreclose a “reverse equity” adjustable-rate mortgage on property held by the trust and executed in 2009. Standard filed…

Justia Opinion Summary: In 2008 the Illinois Department of Public Health issued a stop-work order issued to Lake Environmental during an asbestos cleanup at Scott Air Force Base.. The Department lifted the stop-work order after several months,…

Justia Opinion Summary: In December, 2009, Heelan, a Vernon Hills police officer for approximately 20 years, responded to an emergency call, slipped on ice, and fell. He was ultimately diagnosed with significant osteoarthritis in both hips,…

Justia Opinion Summary: In 2010, O’Toole tripped and fell on a paved pathway at Brookfield Zoo and sustained injuries. In 2012, she filed a single-count negligence complaint against the Chicago Zoological Society, alleging that it breached its…

Justia Opinion Summary: Crystal Lake South High School is surrounded by land zoned “R-2 residential single family,” and constitutes a legal, nonconforming use. The campus is owned by District 155. In 2013, the District’s Board decided to…

Justia Opinion Summary: Goossens, a police sergeant, was convicted of intimidation, a Class 3 felony (720 ILCS 5/12-6(a)(6)), after he threatened not to respond to 911 calls from a local auto racetrack as long as two former police officers were…

Justia Opinion Summary: In 2008 the Seymours filed a Chapter 13 bankruptcy petition. In 2010 the Seymours filed a personal injury action, based on a 2010 automobile accident that occurred while Seymour was being transported in an ambulance. A…

Justia Opinion Summary: The state filed a juvenile delinquency petition charging Q.P. with obstructing justice (720 ILCS 5/31-4(a)). Officer Irving testified that he responded to a report of a vehicle burglary in progress, arrived at the scene,…

Justia Opinion Summary: In 2005, plaintiffs, former Beeland minority shareholders, hired the McGuireWoods law firm to sue Beeland’s managers and majority shareholder, alleging misappropriation of Beeland’s intellectual property. Plaintiffs…

Justia Opinion Summary: Shelley and Christopher married in 1992. Shelley works in the private sector and has Social Security tax withheld from her pay; she expects to receive full benefits in 2033 at age 67. Christopher works for the police…

Justia Opinion Summary: Defendant was charged with first degree murder. After the presentation of the evidence, the circuit court instructed the jurors. The term “reasonable doubt” appeared in three instructions: “The defendant is presumed to…

Justia Opinion Summary: The Freeport Journal published an online article concerning Hadley’s decision to again seek election to the Stephenson County Board. Online readers could post comments after completing a basic registration. “Fuboy”…

Justia Opinion Summary: Allen was convicted of murder and armed robbery for the 1984 shooting death of Ciralski. In 2009, Allen filed a pro se post-conviction petition, alleging actual innocence and raising constitutional issues related to his…

Justia Opinion Summary: Gaytan was a passenger in a car that had a rear-mounted, ball-type trailer hitch. Police officers stopped the car, believing that the trailer hitch obstructed the vehicle’s license plate in violation of the Illinois…

Justia Opinion Summary: Plaintiffs challenged the constitutionality of a $10 Rental Housing Support Program surcharge collected by the recorder of deeds for the recordation of any real estate-related document in a county, 55 ILCS 5/3-5018. …

Justia Opinion Summary: Police received a hotline tip that LeFlore was committing burglaries in Aurora; learned that he was on mandatory supervised release from prison and that he had been recently arrested for fleeing in a car registered to…

Justia Opinion Summary: The state filed a petition for adjudication of wardship, alleging that D. had committed first degree murder. D. was nine years old; the victim was 14 months old. The circuit court found D. unfit to stand trial and…

Justia Opinion Summary: In 2005, the then-17-year-old defendant entered an open guilty plea to attempted first degree murder and home invasion. In 2007, he moved to withdraw that plea, alleging deficient advice and representation. The trial…

Justia Opinion Summary: Walters, an Illinois timber buyer, executed a 2005 contract with Biederbeck to log trees from her Warren County property for $16,000. Biederbeck was a resident of the State of Washington. O’Dell, an Iowa resident, hauled…

Justia Opinion Summary: Husband and wife (who did not speak English) entered into a written one-year lease, took possession of the apartment, and tendered the security deposit and first month’s rent. Ten days into the lease, they received “an…

Justia Opinion Summary: McVey sued for injuries she sustained after a waitress dropped a tray on her foot. Memorial Hospital of Carbondale treated her. McVey settled the lawsuit for $7,500, then filed a petition to adjudicate liens. The…

Justia Opinion Summary: Defendant was indicted in 2013 for criminal sexual assault and criminal sexual abuse, based on acts he allegedly committed in 2012, when he was 17 years old. At the time of the alleged offenses, the Juvenile Court Act…

Justia Opinion Summary: Illinois has five state-funded retirement systems for public employees: the General Assembly Retirement System (GRS); the State Employees’ Retirement System of Illinois (SERS); the State Universities Retirement System…

Justia Opinion Summary: Barner was convicted of aggravated criminal sexual assault (720 ILCS 5/12-14(a)(1)) and sentenced to natural life in prison. His convictions and sentence were affirmed on appeal. The Illinois Supreme Court later vacated…

Justia Opinion Summary: Zakarzecka worked as a home healthcare provider for Meuse, an elderly blind man. He required Zakarzecka to wear special shoes inside the house and to change into street shoes when answering the door or going outside.…

Justia Opinion Summary: Leetaru, a graduate student at and former employee of the University of Illinois, sought to enjoin the University from taking further action in an investigation of him, as a student, regarding allegations that he…

Justia Opinion Summary: Country Casualty's agent Lessaris, issued an automobile insurance policy to Skaperdas. Skaperdas’s fiancée, Day, was subsequently involved in an accident while driving his vehicle. Country Casualty covered the loss but…

Justia Opinion Summary: In July 2000, the Illinois Attorney General, on his own motion and at the request of the Illinois Environmental Protection Agency (IEPA), filed a complaint against JTE and Tri-State, alleging operation of a solid waste…

Justia Opinion Summary: One Hope contracts with the Illinois Department of Children and Family Services to provide services with the objective of keeping troubled families together. Seven-month-old Marshana died while her family participated in…

Justia Opinion Summary: Brunton sued her brother, Kruger, as trustee of the trusts established by their late parents and as representative of their estates, and individual family members. Brunton, who was not named a beneficiary of the trusts,…

Justia Opinion Summary: Cowper’s sentencing judgment provided that he was to receive 275 days’ credit for time served. He was transported to prison on June 2. On June 23, Cowper filed a “Motion to Recalculate Time Served.” On October 16, 2011,…

Justia Opinion Summary: In 1999, Maria and Jim began living together. During a 2003 trip to Slovakia to visit family, Maria met Scarlett, an orphan born in 1999. Under Slovakian law, Jim was not permitted to adopt Scarlett because he was…

Justia Opinion Summary: A brief relationship between mother, a Missouri resident, and father, an Illinois resident, resulted in a child, L.M., born in Missouri in 2009. In 2010, father sought to establish the existence of a father-child…

Justia Opinion Summary: Parks, incumbent mayor of East St. Louis, is seeking reelection in the April 2015 election. East St. Louis officials run for office on a nonpartisan basis. Parks’ nominating petitions were subject to Election Code rules…

Justia Opinion Summary: LVNV collection agency bought Trice’s unpaid debt and filed suit. Trice later sought to vacate a judgment against him on the ground that LVNV was not an Illinois registered agency. The circuit court of Cook County…

Justia Opinion Summary: After receiving an anonymous tip, officers encountered defendant at a Chicago liquor store and, in response to an inquiry about why he was there, defendant replied, “I just got to let you know I got a gun on me.”…

Justia Opinion Summary: Chicago police officers received a call about a person with a gun in a park. Arriving, officers approached defendant, 19 years old. He walked away. The officers demanded that defendant stop, but he ran. Officers pursued…

Justia Opinion Summary: The state charged a 16-year-old (Jordan) with three counts of unlawful use of a weapon (AUUW) 720 ILCS 5/24-1.6, and one count of unlawful possession of a firearm (UPF), alleging that he carried in a vehicle an uncased,…

Justia Opinion Summary: Tuzzolino and his law firm represented Coletta. Coletta alleged that, in litigation, Tuzzolino failed to timely disclose expert witnesses; failed to retain needed expert witnesses; advised Coletta to settle for an amount…

Justia Opinion Summary: Defendant, serving a life sentence for murder, mailed letters that were opened by prison officials and was charged with solicitation of murder and attempted solicitation of murder on a “request” theory. Defendant argued…

Justia Opinion Summary: Smith was charged with shooting White in the back and causing his death, as “an armed habitual criminal.” The state indicated that it intended to seek a sentencing enhancement of 25 years to natural life imprisonment on…

Justia Opinion Summary: Peoples Gas and North Shore Gas sell and deliver natural gas to millions of residential and commercial Chicago area customers through their lines. Their operating costs include the costs of the gas itself and the costs…

Justia Opinion Summary: Simpson was convicted of first degree murder in connection with the2006 beating death of Thomas. At defendant’s 2010 trial Franklin testified that he was near the crime scene on the date of the murder, but did not recall…

Justia Opinion Summary: Acting under power of attorney, Chenoweth sold her stepmother’s house in 2005 and used most of the money for personal expenses. Chenoweth was charged in 2009 and convicted of financial exploitation of an elderly person,…

Justia Opinion Summary: Plaintiff, a fraternal organization and tax exempt not-for-profit corporation, owns and operates, a Macon nursing home that s licensed by the Illinois Department of Public Health, with a permit to enter into life care…

Justia Opinion Summary: Resident taxpayers of Lemont-Bromberek Combined School District 113A filed three taxpayer derivative actions on behalf of the District, asserting that certain officers and employees of the District and current and former…

Justia Opinion Summary: Defendant was charged with armed robbery while in possession of a firearm, evading arrest, and reckless driving in 2005. He pled guilty to one count of armed robbery while in possession of a firearm in exchange for…

Justia Opinion Summary: The law firm sued, alleging that it agreed to act as co-counsel with defendant on workers’ compensation claims; plaintiff was to receive 45% of fees recovered and defendant would receive 55%. After the cases settled,…

Justia Opinion Summary: Williams sued his employer, BNSF Railway, under the Federal Employers’ Liability Act, 45 U.S.C. 51, alleging an employment related injury. BNSF filed a third-party complaint for contribution and indemnity against QTS. A…

Justia Opinion Summary: Husband filed a petition for dissolution of marriage, seeking joint custody of the couple’s three children. The circuit court appointed attorney Rosenberg to represent the children, under 750 ILCS 5/506(a)(3). Husband…