Supreme Court of Illinois Decisions 2014

People v. Stevens  
Date: December 18, 2014
Citation: 2014 IL 116300
Docket Number: 116300

Justia Opinion Summary: Stevens was convicted of aggravated criminal sexual assault. The trial court had granted a motion in limine to admit other-crimes evidence, finding that the evidence was relevant to show propensity, motive and identity.…

Bettis v. Marsaglia  
Date: December 18, 2014
Citation: 2014 IL 117050
Docket Number: 117050

Justia Opinion Summary: In 2012, the North Mac School District adopted a resolution of intent to issue working cash bonds in the amount of $2,000,000. Bettis filed a petition, seeking to submit the proposition to the voters at the April, 2013…

People v. Belknap  
Date: December 18, 2014
Citation: 2014 IL 117094
Docket Number: 117094

Justia Opinion Summary: Belknap was convicted of first degree murder in the beating death of five-year-old Silven, the daughter of his girlfriend, and sentenced to 24 years in prison. The appellate court reversed remanded for a new trial based…

People v. Smith  
Date: December 4, 2014
Citation: 2014 IL 115946
Docket Number: 115946

Justia Opinion Summary: Smith and others were indicted for first degree murder and aggravated discharge of a firearm in a 1998 shooting death. The jury found Smith guilty based on a theory of accountability. The appellate court affirmed. Smith…

People v. Jolly (Amended Opinion)
Date: December 4, 2014
Citation: 2014 IL 117142
Docket Number: 117142
People v. Jolly  
Date: December 4, 2014
Citation: 2014 IL 117142
Docket Number: 117142

Justia Opinion Summary: Jolly was charged with unlawful delivery of a controlled substance. Prosecution evidence consisted largely of the testimony of Gunn, a confidential informant and drug addict, with three felony convictions for delivery of…

Michael v. Precision Alliance Grp., LLC  
Date: December 4, 2014
Citation: 2014 IL 117376
Docket Number: 117376

Justia Opinion Summary: Illinois law requires that every bag labeled as containing a certain weight of seeds actually weigh that amount. Precision discovered that an outgoing load of seed was underweight and began randomly checking bags. Latr,…

Keating v. City of Chicago
Date: November 20, 2014
Citation: 2014 IL 116054
Docket Number: 116054
People v. Denson  
Date: November 20, 2014
Citation: 2014 IL 116231
Docket Number: 116231

Justia Opinion Summary: Defendant was charged with a 2003 murder. The state filed a six-page motion in limine to admit certain hearsay statements made by defendant’s coconspirators. Defendant filed a five-page response objecting to admission of…

In re Detention of New  
Date: November 20, 2014
Citation: 2014 IL 116306
Docket Number: 116306

Justia Opinion Summary: The state sought to commit New to the Department of Human Services as a sexually violent person under 725 ILCS 207/1, based convictions for aggravated criminal sexual assault against a 12-year-old boy and a 14-year-old…

Madigan v. IL Commerce Comm'n  
Date: November 20, 2014
Citation: 2014 IL 116642
Docket Number: 116642

Justia Opinion Summary: In 2009, IAWC petitioned the Illinois Commerce Commission under the Public Utilities Act (220 ILCS 5/1-101) for approval of its annual reconciliation of purchased water and purchased sewage treatment surcharges. The…

Pusateri v. Peoples Gas Light & Coke Co.  
Date: November 20, 2014
Citation: 2014 IL 116844
Docket Number: 116844

Justia Opinion Summary: Pusateri, a former employee of Peoples Gas Light and Coke Company (PG) filed a complaint under the False Claims Act, 740 ILCS 175/1, alleging that PG used falsified gas leak response records to justify a fraudulently…

People v. Holt  
Date: November 20, 2014
Citation: 2014 IL 116989
Docket Number: 116989

Justia Opinion Summary: Holt threw eggs on the Katheiser driveway to frighten Kartheiser and his 6 year old daughter. Represented by counsel, she entered a negotiated guilty plea to resisting a peace officer. The other charge was nol-prossed.…

Cordrey v. IL Prisoner Review Bd  
Date: November 20, 2014
Citation: 2014 IL 117155
Docket Number: 117155

Justia Opinion Summary: In 1993, Cordrey was sentenced to 36 years in prison for aggravated criminal sexual assault and aggravated kidnapping, with a three-year term of mandatory supervised release (MSR). In 2012, the Prisoner Review Board…

Huber v. Am. Accounting Ass'n  
Date: November 20, 2014
Citation: 2014 IL 117293
Docket Number: 117293

Justia Opinion Summary: In 2011, Huber, sought judicial dissolution of American Accounting Association. In January 2013, AAA moved to dismiss Huber’s then second-amended petition. On March 6, 2013, the court held a telephone conference with the…

In re Edmonds  
Date: November 20, 2014
Citation: 2014 IL 117696
Docket Number: 117696

Justia Opinion Summary: Edmonds was admitted to the Illinois bar in 1975. He became a member of St. Mark Church. In1998, Sloan asked Edmonds to rewrite Sloan’s will to benefit St. Mark’s. Edmonds knew Hannah, a lawyer who, in 1992, was…

In re Lance H.  
Date: October 17, 2014
Citation: 2014 IL 114899
Docket Number: 114899

Justia Opinion Summary: Lance, 53 years old, has spent much of his adult life incarcerated or institutionalized. After being paroled in 1997, he was admitted to mental health facilities 15 times before the involuntary admission at issue. In…

People v. Patterson  
Date: October 17, 2014
Citation: 2014 IL 115102
Docket Number: 115102

Justia Opinion Summary: Defendant was 15 years old and was a ward of the state, living in a residential treatment facility when he was charged with three counts of aggravated criminal sexual assault against a staff member. Pursuant to the…

Lake Cnty. Grading Co. v. Vill. of Antioch  
Date: October 17, 2014
Citation: 2014 IL 115805
Docket Number: 115805

Justia Opinion Summary: Neumann Homes was the developer of two Antioch subdivisions. The Village entered into infrastructure agreements with Neumann to make public improvements in the subdivisions; Neumann provided four substantially identical…

Hayashi v. IL Dep't of Fin. & Prof'l Regulation  
Date: October 17, 2014
Citation: 2014 IL 116023
Docket Numbers: 116023, 116163, 116190

Justia Opinion Summary: The Illinois Department of Financial and Professional Regulation (Department) permanently revoked the health care licenses of physicians (plaintiffs) pursuant to the Department of Professional Regulation Law (20 ILCS…

Goldfine v. Barack, Ferrazzano, Kirschbaum & Perlman  
Date: October 2, 2014
Citation: 2014 IL 116362
Docket Number: 116362

Justia Opinion Summary: Plaintiffs purchased FCH stock through Shearson’s broker, Steinberg, between 1987 and 1990. FCH filed for bankruptcy in 1991. Plaintiffs retained the law firm to represent them in claims under the Illinois Securities…

People v. Perez  
Date: September 18, 2014
Citation: 2014 IL 115927
Docket Number: 115927

Justia Opinion Summary: Perez was convicted of first degree murder. The Appellate Court, Second District, affirmed his conviction and sentence in 2009; the Illinois Supreme Court leave to appeal. Perez filed a pro se petition for…

Nationwide Fin., L.P. v. Pobuda  
Date: September 18, 2014
Citation: 2014 IL 116717
Docket Number: 116717

Justia Opinion Summary: In 2008, Nationwide became the owner of the Barrington Hills property. The Pobudas have owned the adjacent lot since 1986. The northwest corner of the Nationwide property and the adjoining northeast corner of the Pobuda…

Slepicka v. Illinois Department of Public Health (Amended Opinion)
Date: September 18, 2014
Citation: 2014 IL 116927
Docket Number: 116927
Slepicka v. IL Dep't of Pub. Health  
Date: September 18, 2014
Citation: 2014 IL 116927
Docket Number: 116927

Justia Opinion Summary: Slepicka, a resident of a Cook County skilled nursing facility, received a notice of involuntary transfer or discharge. A Department of Public Health ALJ held a hearing at the facility. The Department approved the…

Bruns v. City of Centralia  
Date: September 18, 2014
Citation: 2014 IL 116998
Docket Number: 116998

Justia Opinion Summary: Bruns, age 79, drove to a Centralia eye clinic. She did not use the parking lot, but parked on 2nd Street in front of the clinic, as she had on each of nine previous visits. As she walked toward the clinic, Bruns stubbed…

In re Derrico G.  
Date: August 4, 2014
Citation: 2014 IL 114463
Docket Number: 114463

Justia Opinion Summary: The trial court concluded that section 5-615 of the Juvenile Court Act, 705 ILCS 405/5-615, was unconstitutional, and ordered a continuance under supervision in a case involving a minor, rejecting a negotiated plea…

Madigan v. Burge  
Date: July 3, 2014
Citation: 2014 IL 115635
Docket Number: 115635

Justia Opinion Summary: Burge was a Chicago police officer, 1970 to 1993, and served as supervisor of the violent crimes unit. In 1997, Burge was granted pension benefits by the Policemen’s Annuity and Benefit Fund of Chicago. A 2003 civil…

Kanerva v. Weems  
Date: July 3, 2014
Citation: 2014 IL 115811
Docket Number: 115811

Justia Opinion Summary: Public Act 97-695 (eff. July 1, 2012), amended section 10 of the State Employees Group Insurance Act of 1971, 5 ILCS 375/10, by eliminating the statutory standards for the state’s contributions to health insurance…

In re the Estate of Powell  
Date: June 19, 2014
Citation: 2014 IL 115997
Docket Number: 115997

Justia Opinion Summary: Powell was adjudicated a disabled adult due to severe mental disabilities in 1997. His parents, Perry and Leona, were appointed as co-guardians of Powell’s person, but were not appointed as guardians of his estate. In…

In re N.C., a Minor  
Date: June 19, 2014
Citation: 2014 IL 116532
Docket Number: 116532

Justia Opinion Summary: The day after N’s birth, the baby’s mother, Nichole, and her boyfriend, Alfred, executed a voluntary acknowledgement of paternity (VAP), expressly imposing responsibility on Alfred to provide financial support. The VAP…

In re Marriage of Turk  
Date: June 19, 2014
Citation: 2014 IL 116730
Docket Number: 116730

Justia Opinion Summary: Iris and Steven have two sons, Nathaniel, born in 1997, and Jacob, born in 1999. Iris filed a divorce petition. The court entered an agreed judgment dissolving the marriage, providing for unallocated maintenance and…

In re Marriage of Donald B.  
Date: May 22, 2014
Citation: 2014 IL 115463
Docket Number: 115463

Justia Opinion Summary: The Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/607(e), prohibits a non-custodial parent who has been convicted of a sexual offense perpetrated on a victim less than 18 years of age from obtaining…

In re Commitment of Fields  
Date: May 22, 2014
Citation: 2014 IL 115542
Docket Number: 115542

Justia Opinion Summary: In 2005 Fields pleaded guilty to aggravated criminal sexual abuse and kidnaping. Shortly before he was to begin mandatory supervised release, the state petitioned for his involuntary commitment under the Sexually Violent…

People v. Stoecker  
Date: May 22, 2014
Citation: 2014 IL 115756
Docket Number: 115756

Justia Opinion Summary: In 1996, 15-year-old Humble left a Peoria children’s home and accepted a ride from a man who drove her to a remote area, sexually assaulted her, cut her throat, and left her in a field. At the hospital, Humble described…

In re Rita P.  
Date: May 22, 2014
Citation: 2014 IL 115798
Docket Number: 115798

Justia Opinion Summary: A psychiatrist at Chicago-Read Mental Health Center sought a court order authorizing involuntary treatment of Rita. Stating that Rita met the criteria for a diagnosis of “schizophrenia paranoid type,” the doctor…

People v. Stahl  
Date: May 22, 2014
Citation: 2014 IL 115804
Docket Number: 115804

Justia Opinion Summary: Due to brain damage from a self-inflicted gunshot wound, defendant cannot remember the events leading to home invasion (720 ILCS 5/12-11(a)(4)) and aggravated unlawful restraint (720 ILCS 5/10-3.1(a)) charges against…

People v. Bingham  
Date: May 22, 2014
Citation: 2014 IL 115964
Docket Number: 115964

Justia Opinion Summary: Bingham, then in her late teens, committed aggressive acts toward adults and children, including grabbing and kissing. She was declared a sexually dangerous person under the Sexually Dangerous Persons Act, 725 ILCS…

WISAM 1, Inc. v. IL Liquor Control Comm'n  
Date: May 22, 2014
Citation: 2014 IL 116173
Docket Number: 116173

Justia Opinion Summary: Sheridan Liquors operated with a City of Peoria liquor license. Adnan owned the store; his brothers, Mike and Jalal managed the business, which included a check-cashing service. Mike and Jalal were indicted under the…

Nelson v. County of Kendall  
Date: May 22, 2014
Citation: 2014 IL 116303
Docket Number: 116303

Justia Opinion Summary: Nelson, on behalf of media companies, submitted a request to Kendall County under the Freedom of Information Act (FOIA), 5 ILCS 140/1, to copy all emails sent and received by two assistant states’ attorneys in January…

Bridgeview Health Care Ctr., Ltd. v. State Farm Fire & Cas. Co.  
Date: May 22, 2014
Citation: 2014 IL 116389
Docket Number: 116389

Justia Opinion Summary: Bridgeview Health Care Center filed a class action complaint against Clark, an Illinois resident who operates Affordable Digital Hearing, a sole proprietorship out of Terre Haute, Indiana. Bridgeview alleged that Clark…

In re Brandon P.  
Date: May 22, 2014
Citation: 2014 IL 116653
Docket Number: 116653

Justia Opinion Summary: Brandon, then 14 years old, was charged by petition for adjudication of wardship with aggravated criminal sexual abuse of his cousin M.J., then three years old, 720 ILCS 5/12-16(c)(2)(i).” M.J. was unable to testify. The…

People v. Melongo  
Date: March 20, 2014
Citation: 2014 IL 114852
Docket Number: 114852

Justia Opinion Summary: Defendant was charged with computer tampering in an unrelated case. The docket sheet, the judge’s half sheet, and the court call sheet for the arraignment date indicate that defendant was not in court and that the…

Spanish Court Two Condo. Ass'n v. Carlson  
Date: March 20, 2014
Citation: 2014 IL 115342
Docket Number: 115342

Justia Opinion Summary: Spanish Court Condominium Association filed a complaint under the Forcible Entry and Detainer Act, 735 ILCS 5/9-101, against Carlson, a unit owners, who allegedly had failed to pay monthly assessments for six months.…

Home Star Bank & Fin. Servs. v. Emergency Care & Health Org., Ltd.  
Date: March 20, 2014
Citation: 2014 IL 115526
Docket Number: 115526

Justia Opinion Summary: Plaintiffs sued Dr. Murphy and his employer, ECHO, alleging that Murphy was negligent in treating Anderson, who suffered a severe and permanent brain injury following emergency room treatment. ECHO billed Anderson for…

People v. Fernandez  
Date: March 20, 2014
Citation: 2014 IL 115527
Docket Number: 115527

Justia Opinion Summary: Officer Salgado attempted to stop a man (Gonzalez) he saw breaking into a car. Gonzalez fired several shots at Salgado, who returned fire. Gonzalez jumped into the car driven by Fernandez. The two escaped the scene.…

People v. Easley  
Date: March 20, 2014
Citation: 2014 IL 115581
Docket Number: 115581

Justia Opinion Summary: Chicago Officers testified that: Officer Watson was working undercover narcotics surveillance, seated in a covert vehicle, and saw defendant exit a Nissan and walk in front of his car. Watson observed defendant pull a…

People v. Davis  
Date: March 20, 2014
Citation: 2014 IL 115595
Docket Number: 115595

Justia Opinion Summary: In 1990, defendant, then 14 years old, was arrested for two fatal shootings. Following a discretionary hearing under the Juvenile Court Act, the court allowed defendant to be prosecuted under the criminal laws. He was…

People v. Cummings  
Date: March 20, 2014
Citation: 2014 IL 115769
Docket Number: 115769

Justia Opinion Summary: Defendant was driving a van owned by Chattic when a marked police squad car pulled alongside at a stop sign. The police officer followed defendant for several minutes before activating the squad car’s lights. The…

People v. Clark  
Date: March 20, 2014
Citation: 2014 IL 115776
Docket Number: 115776

Justia Opinion Summary: Clark was indicted under 720 ILCS 5/14-2(a)(1)(A) for having used an eavesdropping device to record a conversation between himself and attorney Thomas without her consent and having used a device to record a conversation…

BAC Home Loans Servicing, LP v. Mitchell  
Date: March 20, 2014
Citation: 2014 IL 116311
Docket Number: 116311

Justia Opinion Summary: Mitchell executed a promissory note, secured by a mortgage on her Chicago home. Four years later, the lender filed a complaint to foreclose the mortgage. The special process server’s affidavit described substituted…

In re Marriage of Tiballi  
Date: March 20, 2014
Citation: 2014 IL 116319
Docket Number: 116319

Justia Opinion Summary: The circuit court dissolved the Tiballi marriage in 2005, awarding joint legal custody of daughter Francesca, but placing residential custody with Sheila. In 2010, Robert sought to modify custody. The court appointed a…

People v. Cregan  
Date: February 21, 2014
Citation: 2014 IL 113600
Docket Number: 113600

Justia Opinion Summary: Police officers testified that they received a tip that Cregan would arrive by train on November 3, 2009, and that he had an active warrant for his arrest. They learned that he was a member of the Satan Disciples gang…

Evanston Ins. Co. v. Riseborough  
Date: February 21, 2014
Citation: 2014 IL 114271
Docket Number: 114271

Justia Opinion Summary: In the underlying litigation, the attorney represented a contractor being sued for job-site injuries and was later sued by the contractor’s insurance company for signing settlement agreements without authority. Section…

In re James W.  
Date: February 21, 2014
Citation: 2014 IL 114483
Docket Number: 114483

Justia Opinion Summary: James, a 60-year old with a lengthy criminal record and a history of psychiatric hospitalizations, has been held involuntarily at the Chester Mental Health Center since 2003, under successive involuntary commitment…

Bartlow v. Costigan (Amended Opinion)
Date: February 21, 2014
Citation: 2014 IL 115152
Docket Number: 115152
Bartlow v. Costigan  
Date: February 21, 2014
Citation: 2014 IL 115152
Docket Number: 115152

Justia Opinion Summary: The Illinois Department of Labor sent Jack’s Roofing a notice of investigation of possible violation of the Employee Classification Act, 820 ILCS 185/3.25 by misclassifying employees as independent contractors. Jack’s…

People v. Tousignant (Amended Opinion)
Date: February 21, 2014
Citation: 2014 IL 115329
Docket Number: 115329
People v. Tousignant  
Date: February 21, 2014
Citation: 2014 IL 115329
Docket Number: 115329

Justia Opinion Summary: Defendant entered an open plea of guilty to unlawful delivery of a controlled substance (720 ILCS 570/401(d) and unlawful possession with intent to deliver a controlled substance (720 ILCS 570/401(c)(1) (count II). The…

People v. Bailey  
Date: February 6, 2014
Citation: 2014 IL 115459
Docket Number: 115459

Justia Opinion Summary: A 17-year-old defendant pled guilty to criminal sexual abuse involving his 16-year-old girlfriend. He was sentenced to pay a $100 fine and serve 300 days in the county jail, with credit for time served. Asked whether…

People v. Elliott  
Date: January 24, 2014
Citation: 2014 IL 115308
Docket Number: 115308

Justia Opinion Summary: Elliott was arrested for driving under the influence, 625 ILCS 5/11-501 and given notice of the statutory summary suspension of his driver’s license. On September 1, 2009, he filed a petition to rescind the summary…

People v. McChriston  
Date: January 24, 2014
Citation: 2014 IL 115310
Docket Number: 115310

Justia Opinion Summary: McChriston was convicted of unlawful delivery of a controlled substance, a Class 1 felony that carried a mandatory Class X sentence. The trial judge sentenced him to 25 years’ imprisonment. The order did not indicate…

Gillespie Cmty. Unit Sch. Dist. No. 7 v. Wight & Co.  
Date: January 24, 2014
Citation: 2014 IL 115330
Docket Number: 115330

Justia Opinion Summary: In 1998 the Gillespie School District hired Wight under for services preliminary to the actual designing and construction of a new elementary school building. Wight agreed to perform a “site mine investigation.” Wight…

In re S.L.  
Date: January 24, 2014
Citation: 2014 IL 115424
Docket Number: 115424

Justia Opinion Summary: S.L., the daughter of Julia, born in 2002, was adjudicated abused or neglected in 2007, and was made a ward of the court in January 2008, pursuant to the Juvenile Court Act, 705 ILCS 405/2-3(1)(b). The conditions that…

People v. Hommerson  
Date: January 24, 2014
Citation: 2014 IL 115638
Docket Number: 115638

Justia Opinion Summary: Hommerson was convicted of two counts of first degree murder and sentenced to a term of natural life in prison. His convictions and sentence were affirmed on direct appeal. He filed a pro se post-conviction petition…

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