Supreme Court of Illinois Decisions 2011
Date: December 30, 2011
Citation: 2011 IL 110236
Docket Number: 110236
Justia Opinion Summary: Forfeiture proceedings were instituted concerning three vehicles; each had multiple owners, and, in each case, one of the owners was charged with aggravated DUI. The trial court declared the vehicle-forfeiture provisions…
Date: December 30, 2011
Citation: 2011 IL 110920
Docket Number: 110920
Justia Opinion Summary: Defendant, charged with driving under the influence of alcohol (625 ILCS 5/11-501(a)(2)). She requested that the state produce the video recording of the stop made by the camera located in the arresting officer's…
Date: December 30, 2011
Citation: 2011 IL 111666
Docket Number: 111666
Justia Opinion Summary: Defendant, convicted of reckless homicide (720 ILCS 5/9-3(a), and failing to report an accident involving death or injury (625 ILCS 5/11-401(b) after a collision resulting in one death and injuries to three people, filed…
Date: December 15, 2011
Citation: 2011 IL 111447
Docket Number: 111447
Justia Opinion Summary: The State of Illinois maintains a state park on land that was once a college founded in the nineteenth century. The township sought quiet title to two parcels comprising the park. The state has a sign on the land and…
Date: December 15, 2011
Citation: 2011 IL 111886
Docket Number: 111886
Justia Opinion Summary: An undercover agent made a controlled purchase of heroin from the defendant. Evidence showed that the transaction took place 443 feet from the "High Mountain Church and Preschool." Defendant was convicted of delivering…
Date: December 1, 2011
Citation: 2011 IL 110044
Docket Number: 110044
Justia Opinion Summary: One appellate court rejected an argument that the probation officers in defendant's case lacked authority to file petitions alleging violation of probation and seeking revocation of probation. In another district, the…
Date: December 1, 2011
Citation: 2011 IL 110338
Docket Number: 110338
Justia Opinion Summary: In connection with operation of a medical transport company, defendant was convicted of theft (720 ILCS 5/16-1), vendor fraud (305 ILCS 5/8A-3), and money laundering (720 ILCS 5/29B-1), sentenced to 66 months'…
Date: December 1, 2011
Citation: 2011 IL 110759
Docket Number: 110759
Justia Opinion Summary: The Forest Preserve District, filed a condemnation action against defendant's golf course and 54 undeveloped acres in December, 1999. The Eminent Domain Act provided that the date of filing the complaint was to be…
Date: December 1, 2011
Citation: 2011 IL 110777
Docket Number: 110777
Justia Opinion Summary: Defendant was convicted of aggravated battery with a firearm and aggravated discharge of a firearm under an accountability theory and was sentenced to concurrent terms of imprisonment of 14 years and five…
Date: December 1, 2011
Citation: 2011 IL 110886
Docket Number: 110886
Justia Opinion Summary: The baby was exposed to cocaine in utero; the state took the child into protective custody and filed a petition pursuant to 705 ILCS 405/2-13. The petition did not seek termination of parental rights. Mother was…
Date: December 1, 2011
Citation: 2011 IL 111382
Docket Number: 111382
Justia Opinion Summary: Defendant pled guilty to intimidation (720 ILCS 5/12-6(a)(1)) and criminal damage to property (720 ILCS 5/21-1(1)(a)) and was sentenced to concurrent extended terms of 10 and 6 years, respectively, followed by one year…
Date: December 1, 2011
Citation: 2011 IL 111611
Docket Number: 111611
Justia Opinion Summary: The manufacturer notified franchise dealers that it was discontinuing the Sterling (a subsidiary of Daimler) line of trucks. The letter offered dealers the opportunity to continue as a service dealership under a new…
Date: December 1, 2011
Citation: 2011 IL 111795
Docket Number: 111795
Justia Opinion Summary: The state filed a neglect petition, naming Long, the legal guardian of her grandchildren along with the children's biological mother and father, as respondents. The biological father waived adjudication. Long and the…
Date: December 1, 2011
Citation: 2011 IL 111817
Docket Number: 111817
Justia Opinion Summary: Defendant, originally charged with possession of a controlled substance with intent to deliver, was found guilty of two counts of the lesser-included offense of possession of a controlled substance. He was in custody for…
Date: December 1, 2011
Citation: 2011 IL 111838
Docket Number: 111838
Justia Opinion Summary: For 12 months following his injury, plaintiff, a police officer injured on duty, received salary under the Public Employee Disability Act. For a short time thereafter, he received salary through a combination of accrued…
Date: December 1, 2011
Citation: 2011 IL 111871
Docket Number: 111871
Justia Opinion Summary: Plaintiff sells, installs, and services fire extinguishers and fire suppression and fire alarm systems, which it designs for commercial customers. Defendant Garcia, hired as a systems technician in 1992, became a sales…
Date: October 27, 2011
Citation: 2011 IL 110611
Docket Number: 110067
Justia Opinion Summary: Effective with 1982 legislation, a portion of each motorcycle registration fee was deposited in the state treasury to fund a motorcycle safety training program. In 1993, the amount set aside for the program was increased…
Date: October 27, 2011
Citation: 2011 IL 110611
Docket Number: 110611
Date: October 27, 2011
Citation: 2011 IL 110882
Docket Number: 110882
Justia Opinion Summary: Production of steel in electric arc furnaces generates toxic waste. The company, which has had an EPA permit since 1989 to store and treat hazardous waste at its facility near Peoria, developed a new process to stabilize…
Date: October 27, 2011
Citation: 2011 IL 111083
Docket Number: 111083
Justia Opinion Summary: Termination proceedings began with 2006 charges that children, living with their mother, were neglected. The mother received Social Security benefits, but no effort was made to determine their source or to obtain a…
Date: October 6, 2011
Citation: 2011 IL 110067
Docket Number: 110067
Justia Opinion Summary: After thefts from a school office, a motion activated, wireless, digital camera concealed within a clock radio and a digital video recorder were installed. Over the weekend, the motion sensor triggered the DVR and a…
Date: October 6, 2011
Citation: 2011 IL 111127
Docket Number: 111127
Date: October 6, 2011
Citations: 2011 IL 111127, 2012 IL 111127
Docket Number: 111127
Justia Opinion Summary: The U.S. Court of Appeals for the Seventh Circuit, considering a suit by the city to collect taxes from a ticket reseller, requested a determination of whether municipalities may require electronic intermediaries to…
Date: September 22, 2011
Citation: 2011 IL 110072
Docket Number: 110072
Justia Opinion Summary: An inmate, committed under the Sexually Dangerous Persons Act (725 ILCS 205/0.01), claimed deprivation of his right to equal protection because he was not provided with the option to retain an independent psychiatrist to…
Date: September 22, 2011
Citation: 2011 IL 110096
Docket Number: 110096
Justia Opinion Summary: Plaintiffs' 1993 Lincoln Town Car was hit while stopped. A pipe wrench in the trunk penetrated the gas tank. The car burst into flames. Husband was killed, wife was severely injured. A jury awarded wife compensatory…
Date: September 22, 2011
Citation: 2011 IL 110615
Docket Number: 110615, 110702 cons.
Justia Opinion Summary: Following separate convictions, the circuit court of Cook County charged the two defendants $10 each for the Arrestee’s Medical Costs Fund (medical cost assessment), 730 ILCS 125/17. Neither actually received medical…
Date: September 22, 2011
Citation: 2011 IL 110984
Docket Number: 110984
Justia Opinion Summary: Th 1999 dissolution of marriage reserved the issue of contribution to college expenses for the couple's three children. In 2007 wife petitioned for contribution. Two children had attended Cornell, Wake Forest, and…
Date: September 22, 2011
Citation: 2011 IL 111378
Docket Number: 111378
Justia Opinion Summary: The Attorney Registration and Disciplinary Commission filed a complaint against an attorney, claiming that he converted third-party funds; failed to hold property of a third person separate from his own; failed to…
Date: August 4, 2011
Citation: 2011 IL 109039
Docket Number: 109039
Justia Opinion Summary: In 2003, wife filed domestic battery charges against husband; he was found not guilty and filed for dissolution. At a 2005 hearing on a motion to modify temporary child support, the judge stated that the parties had been…
Date: August 4, 2011
Citation: 2011 IL 109689
Docket Number: 109689
Justia Opinion Summary: Defendant, convicted of first degree murder for a 2003 shooting death, was sentenced to 55 years' imprisonment. On appeal, his arguments included denial of Sixth Amendment right to counsel because police barred his…
Date: July 11, 2011
Citation: 2011 IL 111903
Docket Number: 111903
Justia Opinion Summary: Taxpayers challenged three substantive bills and one appropriation bill, part of capital projects, signed by the governor in July 2009. The appellate court held that Public Act 96–34 violated the single-subject clause of…
Date: June 30, 2011
Citation: 2011 IL 107750
Docket Number: 107750
Justia Opinion Summary: The juvenile was adjudicated delinquent based on findings of criminal sexual assault (720 ILCS 5/12–13(a)(1)) and attempted robbery (720 ILCS 5/8–4(a), 18–1). The trial court ordered him committed for an indeterminate…
Date: June 16, 2011
Docket Number: 108182
Justia Opinion Summary: In a medical malpractice case, alleging failure to diagnose apendicitis, the court gave Civil Jury Instruction 105.01 (2006), which refers to a "reasonably careful," as opposed to a "reasonably well-qualified" (the 2005…
Date: June 16, 2011
Docket Number: 108690
Justia Opinion Summary: In defendant's trial for criminal sexual assault, the circuit court admitted evidence that defendant had also been involved in criminal sexual assault of another woman. The court cited the Code of Criminal Procedure, 725…
Date: June 16, 2011
Docket Number: 109616
Justia Opinion Summary: The defendant, charged with the attempted robbery death of a cab driver, agreed to plead guilty and receive a 28-year sentence on the charge of first degree murder and a 4-year sentence on the charge of possession of…
Date: June 16, 2011
Citation: 2011 IL 110166
Docket Number: 110166
Justia Opinion Summary: The trial court dismissed a third amended class action complaint filed in connection with power outages during severe storms. The complaint alleged negligence, breach of contract, and violation of the Consumer Fraud and…
Date: June 16, 2011
Docket Number: 110239
Justia Opinion Summary: In 1996 the plaintiff, a sergeant with the forest preserve district police, was indicted for unauthorized purchase of badges and suspended without pay. The district did not respond to his inquiry about a hearing. After…
Date: June 16, 2011
Docket Number: 110792
Justia Opinion Summary: The Illinois Department of Corrections sought to recover the costs of defendant’s incarceration under 730 ILCS 5/1. The circuit court entered judgment in favor of the Department for $455,203.14, but precluded the…
Date: June 16, 2011
Docket Number: 111052
Justia Opinion Summary: Based on the six-year statute of repose, (735 ILCS 5/13–214.3(c), the trial court dismissed a malpractice claim alleging that defendant negligently prepared a quitclaim deed in 1997 that failed to convey real estate to…
Date: June 3, 2011
Docket Number: 110350
Justia Opinion Summary: Based on faxes received in 2002, advertising discount travel, plaintiff filed a class action under the Telephone Consumer Protection Act of 1991, 47 U.S.C. 227. The trial court denied motions to dismiss, but certified…
Date: May 19, 2011
Docket Number: 108441
Justia Opinion Summary: While the defendant was on probation following conviction for retail theft, police and probation officers searched his residence and found marijuana and cocaine. The trial court denied a motion to suppress, convicted the…
Date: May 19, 2011
Docket Number: 108893
Justia Opinion Summary: Tax valuation objection cases, filed between 2000 and 2005, settled with a 2006 agreed order under which the Cook County treasurer was to refund overpaid taxes with interest. The Property Tax Code interest rate was 5%…
Date: May 19, 2011
Docket Number: 110395, 110422 cons.,
Justia Opinion Summary: The regional board of school trustees dissolved a school district, partially located in Montgomery County, and annexed it to a district previously located entirely in Sangamon County. About 99.7 percent of the…
Date: May 19, 2011
Citation: 2011 IL 110724
Docket Number: 110724
Justia Opinion Summary: Plaintiff sought damages based on the death of her 18-year-old son in an automobile accident after allegedly consuming alcoholic beverages at defendants' residence. The trial court dismissed. The appellate court upheld…
Date: May 19, 2011
Docket Number: 110765
Justia Opinion Summary: The defendant entered a plea of guilty to a murder charge. The trial court imposed a sentence of 33 years and ordered him to pay $200 for DNA testing. The appellate court rejected an argument that the court lacked…
Date: May 6, 2011
Citation: 2011 IL 108656
Docket Number: 108656
Justia Opinion Summary: The plaintiffs sought damages for wrongful-birth and negligent infliction of emotional distress, based on medical-provider defendants' failure to inform them that their older child had a genetic mutation. They claim that…
Date: April 21, 2011
Docket Number: 108909
Justia Opinion Summary: Defendant was convicted of possession of a controlled substance with intent to deliver and sentenced to nine years in prison after he was arrested during a Chicago police narcotics surveillance operation. At issue was…
Date: April 21, 2011
Citation: 2011 IL 109102
Docket Number: 109102
Justia Opinion Summary: Defendant was indicted on one count of aggravated drinking under the influence ("DUI") when he was involved in a car accident that killed two people and subsequent tests revealed that his blood contained no alcohol or…
Date: April 21, 2011
Docket Number: 110085
Justia Opinion Summary: Defendants were each issued a citation for driving under the influence where, in each instance, the first appearance date listed on the citation was beyond the period prescribed by Supreme Court Rule 504. At issue was…
Date: April 21, 2011
Docket Number: 110679
Justia Opinion Summary: Phoenix Insurance Company ("Phoenix") filed a complaint in circuit court rejecting the arbitration award given to appellee when she requested coverage under the underinsured-motorist provisions of her policy with Phoenix…
Date: April 7, 2011
Docket Number: 109130
Justia Opinion Summary: During a traffic stop, a gun was recovered from a latched compartment in the backseat armrest of defendant's car. The defendant was charged with two counts: aggravated unlawful use of a weapon based on carrying an…
Date: January 27, 2011
Docket Number: 111773
Date: January 21, 2011
Docket Number: 109151
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