Supreme Court of Illinois Decisions 2013

Justia Opinion Summary: Chicago police officers testified that a group of male teenagers was screaming, making gestures, and throwing bottles at passing vehicles, then retired to the backyard of the location, which was not the defendant’s…

Justia Opinion Summary: In 2006, then-policewoman Brown, entered the Chicago Patrolmen’s Federal Credit Union and presented a $1 million check made out to her and purportedly drawn by Six Flags Great America on a JP Morgan Chase bank account.…

Justia Opinion Summary: Two Chicago firefighters suffered duty-related injuries in the 1980s and later died. Their widows each received an ordinary widow’s pension from the Retirement Board of the Firemen’s Annuity and Retirement Benefit Fund…

Justia Opinion Summary: The girl, then 15, was charged with misdemeanor battery for allegedly striking a female classmate in the face and chest. A prosecution offer to recommend a continuance under supervision in return for a guilty plea was…

Justia Opinion Summary: Reyes was driving in Elgin when she was involved in an accident with pedestrians, a mother and her four-year-old son. The boy died. The mother and her husband sued Reyes for negligence and wrongful death. American Access…

Justia Opinion Summary: The worker was injured in a 2006 automobile accident near Cordova, where he was working temporarily for Venture. Cordova is 200 miles from Springfield, where he lived and where his plumbers’ and pipefitters’ union was.…

Justia Opinion Summary: WRB owns the Wood River Petroleum Refinery in Madison County. Following major renovations, WRB applied to the Illinois Environmental Protection Agency under the Property Tax Code (35 ILCS 200/11-25) to have 28 of the…

Justia Opinion Summary: The Village of Bement, Piatt County, has a five-year contract, under which E.R.H. Enterprises operates and maintains the Village’s potable water facility and parts of its water delivery infrastructure. The Department of…

Justia Opinion Summary: Radojcic, his daughters, his attorney Helfand, and the office manager for one of his companies, were indicted for 52 financial crimes involving fraud on mortgage lenders. It was also alleged that Radojcic, while owing…

Justia Opinion Summary: Hartney, a fuel oil retailer with a home office in Forest View, in Cook County, accepted purchase orders in the Village of Mark, in Putnam County, through a business with which it contracted. No Hartney employees were…

Justia Opinion Summary: Mosley was killed in a 2006 drive-by shooting in Chicago. Trial testimony indicated that Mosley had been in a group with Robinson, a member of the Gangster Disciples street gang, and that Pikes and Donagen were in a car…

Justia Opinion Summary: McCluskey executed a promissory note for $330,186, on a Naperville property, with Wells Fargo as the mortgage holder. After service in foreclosure proceedings, McCluskey did not answer or plead. An order of default and…

Justia Opinion Summary: WRB owns the Wood River Petroleum Refinery in Madison County. Following major renovations, WRB applied to the Illinois Environmental Protection Agency under the Property Tax Code (35 ILCS 200/11-25) to have 28 of the…

Justia Opinion Summary: Schultz sought to recover a $100 per day statutory penalty from Performance Lighting under the Income Withholding for Support Act, 750 ILCS 28/35, claiming failure to withhold sums for child support that allegedly should…

Justia Opinion Summary: A 2009 collision on a rural Effingham County highway resulted in the death of a man, 18 years old and not intoxicated. The other driver was a 60-year-old man who was intoxicated and had been drinking in Johnny’s Bar and…

Justia Opinion Summary: Defendant was charged with the 2004 murder of Kasavich. In pretrial motions, the trial court ruled that some evidence of domestic violence was relevant to defendant’s motive for the killing and to intent, but limited the…

Justia Opinion Summary: Karavidas, admitted to practice law in Illinois in 1979, worked for the City of Chicago, the Attorney General, and several law firms. In 1988, he opened his own practice. His father executed will and trust documents…

Justia Opinion Summary: When an insurance company authorized to transact business in Illinois becomes insolvent and unable to pay claims, the Illinois Insurance Guaranty Fund pays those claims after an order is entered liquidating the company,…

Justia Opinion Summary: The ability of consumers to make purchases on the internet from out-of-state merchants without paying Illinois sales or use taxes caused Illinois retailers to ask the legislature to “level the playing field.” The result…

Justia Opinion Summary: The Peoria School District employs 26 full-time and part-time individuals who work as security agents and guards. No other Illinois school district has this type of employee. These employees were represented by a union…

Justia Opinion Summary: A February 2008 automobile accident resulted in the death of the driver who was purportedly at fault. His son was issued letters of office to serve as independent administrator of the driver’s estate. The limitations…

Justia Opinion Summary: In 1998 Prazen retired as superintendent of the City of Peru electrical department. He had more than 27 years of service and purchased five years of age-enhancement credit. Prazen had an unincorporated electrical…

Justia Opinion Summary: In 2001, a vehicle was fired at eight times by another expressway motorist on the expressway. The driver positively identified the defendant as the shooter several times, and the passenger, seriously injured, also,…

Justia Opinion Summary: Coleman was convicted for participation in a 1994 Peoria home invasion and was sentenced to consecutive terms of 30 years for armed robbery and aggravated criminal sexual assault. The appellate court affirmed; Coleman…

Justia Opinion Summary: The underlying divorce proceedings were initiated by the husband in 2010 through his attorney, James, and were complicated because the couple had a three-year-old son. Both parties had debts and neither was able to pay…

Justia Opinion Summary: Johnson was convicted of first degree murder, armed robbery, aggravated vehicular hijacking, aggravated kidnapping and concealment of a homicidal death. He was sentenced to terms of natural life plus 70 years. The…

Justia Opinion Summary: A 14-year-old was the subject of a petition to have her adjudicated delinquent based on unlawful consumption of alcohol and other offenses. She pled guilty to the misdemeanor of unlawful consumption of alcohol in…

Justia Opinion Summary: Chicago police officers testified that teenagers were screaming, making gestures, and throwing bottles at passing vehicles in the vicinity of 4217 West 25th Place and then retired to the backyard of that address, which…

Justia Opinion Summary: In 2009, the Illinois Department of State Police denied Coram a firearm owners’ identification (FOID) card. The trial judge ordered issuance of the card. The State Police moved to vacate on the basis of Coram’s 1992…

Justia Opinion Summary: The employee alleged that, while at work in 2004, he was involved in an accident that resulted in a condition for which he sought compensation. A Workers’ Compensation Commission arbitrator denied benefits, citing lack…

Justia Opinion Summary: In 2009 plaintiffs challenged, under the Illinois Constitution, the Parental Notice of Abortion Act of 1995, which prevents a minor from obtaining an abortion unless a parent or guardian is first given notice of the…

Justia Opinion Summary: Defendant, charged with murder and home invasion, remained in custody after his February 8, 2009 arrest. After he was granted several continuances, trial was set for February 1, 2010. The prosecution then requested a…

Justia Opinion Summary: A minor was questioned outside his home by a special agent of the police department, accompanied by a DCFS child protection worker, in the presence of the child’s mother and stepfather. After the interview, a petition…

Justia Opinion Summary: The Illinois Tax Delinquency Amnesty Act established a period, October 1, 2003 until November 17, 2003, during which "all taxes due" from 1983 through the first half of 2002 could be paid without interest or penalties.…

Justia Opinion Summary: The plaintiff, driving to a doctor’s office, attempted to turn left across three lanes of oncoming traffic. The two closest oncoming lanes stopped, but in the curbside lane she collided with a private ambulance, making a…

Justia Opinion Summary: Defendant moved to dismiss a breach of contract suit. Plaintiff e-filed a response to the motions. There was no objection. The circuit court dismissed; plaintiff e-filed a motion to reconsider. Defendant asserted that…

Justia Opinion Summary: Boyd, a female bartender filed a complaint with the Cook County Commission on Human Rights alleging that she was sexually harassed by her employer, Crittenden. The Commission entered awarded her $41,670 in lost wages,…

Justia Opinion Summary: McFatridge prosecuted Steidl and Whitlock for 1986 murders and obtained convictions, which were subsequently overturned in federal court. The defendants filed separate federal suits seeking financial recovery against…

Justia Opinion Summary: Chicago police responded to a street fight. One yelled “police, stop, stop,” but M.I., then 16, fired multiple gunshots in their direction. A petition to have M.I. adjudicated delinquent was filed, and the state…

Justia Opinion Summary: Chicago officers were on patrol when a man flagged them down. He did not give his name and was not asked for it, but said that there was a “possible gun” in a tan, four-door Lincoln with several persons inside. Shortly…

Justia Opinion Summary: Lay, a real estate company, hired a business to send advertising faxes on its behalf by “blast fax,” which sends advertisements to thousands of fax machines cheaply. As a result, Lay became the defendant in a class…

Justia Opinion Summary: Four years after he was divorced, the ex-husband suffered a workplace injury for which he received a lump-sum settlement of $239,920. He spent most of the money without notifying his ex-wife of the claim or settlement,…

Justia Opinion Summary: The mother began a relationship with Jason in 2001; J.W. was born in 2002. The couple married in 2003 and divorced in 2006. The court awarded J.W.’s mother custody and Jason visitation. In 2008, the mother married Joe.…

Justia Opinion Summary: Unit owner Palm had a dispute with his condominium association, and sought access to records and financial information. Chicago, a home rule unit, has an ordinance that requires production within three business days.…

Justia Opinion Summary: While patrolling a motel parking area, police approached defendant’s car and saw, in plain view in the center console, a large bullet. They ordered defendant and his passengers out of the car, handcuffed hem, found…

Justia Opinion Summary: In 2006, defendant was indicted for aggravated battery and mob action. Multiple continuance motions were filed by defendant and the state. When the case was called for jury trial in May 2010, the victim-witnesses had not…

Justia Opinion Summary: Lloyd was convicted of seven counts of criminal sexual assault under 720 ILCS 5/12-13(a)(2). The victim was 13 years old and had known Lloyd all of her life. The appellate court affirmed six of his convictions, rejecting…

Justia Opinion Summary: In 2003, Domagala, a live-in caretaker, was seen repeatedly striking and pressing the throat of his 84-year-old charge, Stanley. Approximately a week after being taken to the emergency room, Stanley was discharged to a…

Justia Opinion Summary: In 2003, Russell, the sole occupant and pilot of an Agusta 109C helicopter, died after his helicopter crashed in Illinois. Russell, a resident of Georgia, was living in Illinois and working for an Illinois air ambulance…

Justia Opinion Summary: Fitzpatrick was stopped by a Zion police officer for walking down the middle of a street, a petty offense which violates the Illinois Vehicle Code and was also contrary to municipal ordinance. After a brief pat-down…

Justia Opinion Summary: In 2003, a stampede at a Chicago nightclub killed 21 people and injured 50 others. Security guards had released pepper spray to break up a fight on the dance floor, and a rush to the exit crushed these victims. The…

Justia Opinion Summary: Boyar died in 2010, suffering from dementia. His will, under which his son Robert was administrator, distributed all property to a trust for the benefit of Boyar’s children and grandchildren. Under the trust, Robert and…

Justia Opinion Summary: Hunter was arrested in 2008 when Chicago police observed him standing in the doorway of a building. A codefendant, on the sidewalk, twice accepted money from a passerby and then nodded to Hunter, who retrieved an item…

Justia Opinion Summary: The Chicago Inspector General initiated an investigation of possible improprieties in how a former city employee was awarded a city contract without the normal competitive process. Documents were sought from the city’s…

Justia Opinion Summary: In 1996, Cruz was convicted of first degree murder and attempted first degree murder and was sentenced to consecutive terms of 60 and 30 years. The appellate court affirmed. In 1999, he filed an untimely post-conviction…

Justia Opinion Summary: Defendant was indicted for a 1998 murder, home invasion, residential burglary and two separate charges of aggravated criminal sexual assault. A conviction for sexual assault triggers mandatory consecutive sentences. The…

Justia Opinion Summary: In 2006, an 80-year-old man was found strangled to death in his apartment; his garage was empty, but his car was later recovered several blocks away. The keys to the car were in the possession of Bailey when he was…

Justia Opinion Summary: In 2009, Julie was reported to the Department of Children and Family Services by her estranged husband concerning events involving alcoholism. After an investigation, DCFS made an indicated finding of child neglect and…

Justia Opinion Summary: Defendant was convicted of sexual misconduct against his stepdaughter in 2007, when she was nine years old. The appellate court reversed his conviction for predatory criminal sexual assault, finding the evidence…

Justia Opinion Summary: Cardona was charged with indecent solicitation of a child and unlawful restraint based on a 2007 incident concerning a girl who was walking home from school. Cardona has never been tried; he was ruled unfit for trial and…

Justia Opinion Summary: Blair was convicted of armed robbery for taking $965 from Kelly in 2009 by threatening the use of force while armed with a firearm. The circuit court imposed a 23-year term, which included a 15-year firearm enhancement.…

Justia Opinion Summary: Donald died in 2007 at age 84. His will, dated December, 2006, was admitted to probate. The woman he had married one year before execution of that will, Blanca, was named as executor. James, who had been held out by…

Justia Opinion Summary: Between 2002 and 2004, the defendant assaulted his 11-year-old stepdaughter and her 13-year-old friend. While in pretrial custody, before he was charged, defendant said he wanted to talk about what happened but that he…

Justia Opinion Summary: In 2005, defendant was convicted of aggravated battery with a firearm and sentenced to 12 years. The appellate court affirmed. In 2008, he filed, pro se, a post-conviction petition. It was dismissed; the appellate court…

Justia Opinion Summary: A “paraprofessional” who, for 11 years, had worked in the elementary school library, helped at recess, and taught keyboarding classes, was a member of the union, which had a collective-bargaining agreement with the…

Justia Opinion Summary: Consolidated Grain maintains a grain elevator in La Salle County, sold Rogowski’s crops, and gave him the proceeds by checks paid directly to him. The bank had lent money to Rogowski for which he signed a note and…

Justia Opinion Summary: Defendant, charged with five counts of burglary, pled guilty in 2009 and received a sentence of 2 years’ probation and 180 days in jail. He was ordered to pay a public defender fee of $200 after the judge questioned him…

Justia Opinion Summary: Defendant was charged with attempted murder, armed robbery, unlawful possession of a firearm, and aggravated battery with a firearm. A public defender was appointed, but defendant later successfully requested a different…

Justia Opinion Summary: In 2008, Chicago police in an unmarked car saw the defendant yelling “dro, dro” to a passing vehicle, in front of a Chicago Housing Authority building, in an area known for marijuana sales. The arresting officer…

Justia Opinion Summary: Defendant was convicted of the 2004 shooting death of a man whose body was found in a garbage can. He gave a statement, but would not sign it and did not testify at trial. There was testimony that defendant had stated…

Justia Opinion Summary: In 1997, at age 15 and without a drivers’ license, Jackson was charged with driving under the influence of alcohol. The Secretary of State created a driving record, issued a license number, then suspended the license…

Justia Opinion Summary: English, was charged with knowing murder (720 ILCS 5/9-1(a)(2)), felony murder predicated on aggravated battery of a child (720 ILCS 5/9-1(a)(3)), and aggravated battery of a child (720 ILCS 5/12-4.3(a)), based on the…

Justia Opinion Summary: Lake Holiday, a private community, is governed by the Association, which enacted restrictive covenants, rules, and regulations, including rules that concern speed limits, impose fines, provide for enforcement of rules by…

Justia Opinion Summary: Bjork was a nurse for Dama’s late wife. O’Meara was Dama’s dentist. Dama, then 90 years old, told Bjork that O’Meara had been asking for money and that “he did not want O’Meara to get everything.” Dama’s banker,…