Supreme Court of Illinois Decisions 2018

Sienna Court Condominium Assoc. v. Champion Aluminum Corp.  
Date: December 28, 2018
Citation: 2018 IL 122022
Docket Number: 122022

Justia Opinion Summary: The owners of units in Sienna Court Condominiums, a newly-constructed 111-residential-unit Evanston property sued, alleging that the developer, TR, sold the units with latent defects that resulted in water infiltration a...

People v. Clark  
Date: December 28, 2018
Citation: 2018 IL 122495
Docket Number: 122495

Justia Opinion Summary: Defendant sold cocaine to an undercover officer and was convicted of delivery of a controlled substance. He did not post bail and spent 482 days in pre-sentence custody. He was sentenced to 15 years in prison. The court...

People v. Manzo  
Date: December 28, 2018
Citation: 2018 IL 122761
Docket Number: 122761

Justia Opinion Summary: Defendant was charged following a search of his residence pursuant to warrant. He unsuccessfully moved to quash the warrant and suppress evidence and was convicted of unlawful possession of a weapon by a felon but was ac...

Stanphill v. Ortberg  
Date: December 28, 2018
Citation: 2018 IL 122974
Docket Number: 122974

Justia Opinion Summary: Keith's estate filed a wrongful death and survival action against Ortberg, a licensed clinical social worker and employee assistance program counselor, and her employer Rockford Memorial Hospital, alleging that, on Septe...

People v. Simms  
Date: December 13, 2018
Citation: 2018 IL 122378
Docket Number: 122378

Justia Opinion Summary: Petitioner sought reinstatement of his withdrawn post-conviction petition. The state argued that neither the Post-Conviction Hearing Act, 725 ILCS 5/122-5 nor the Code of Civil Procedure, 735 ILCS 5/13-217 authorizes “r...

Palm v. Holocker  
Date: December 13, 2018
Citation: 2018 IL 123152
Docket Number: 123152

Justia Opinion Summary: Defendant struck Plaintiff, a pedestrian with his vehicle. Plaintiff filed a personal injury suit. Defendant filed an answer with an affirmative defense. Defendant answered an interrogatory about his drivers' license by...

People v. Lesley  
Date: November 29, 2018
Citation: 2018 IL 122100
Docket Number: 122100

Justia Opinion Summary: Defendant was indicted for unlawful possession of a controlled substance with intent to deliver and three counts of unlawful delivery of a controlled substance. Defendant failed to cooperate with both an Assistant Public...

People v. Easton  
Date: November 29, 2018
Citation: 2018 IL 122187
Docket Number: 122187

Justia Opinion Summary: Easton pled guilty to aggravated unlawful possession of a stolen motor vehicle, unlawful possession of a stolen motor vehicle, and four counts of unlawful use of a credit card. At sentencing, the court imposed concurrent...

People v. Johnson  
Date: November 29, 2018
Citation: 2018 IL 122227
Docket Number: 122227

Justia Opinion Summary: Following a third trial, the jury found Defendant guilty of first-degree murder and attempted first-degree murder. Defendant appealed, arguing that the state failed to exercise due diligence in obtaining DNA test results...

Carmichael v. Laborers' & Retirement Board Employees' Annuity & Benefit Fund of Chicago (Amended Opinion)
Date: November 29, 2018
Citation: 2018 IL 122793
Docket Number: 122793122822
Carmichael v. Laborers' & Retirement Board Employees' Annuity & Benefit Fund of Chicago  
Date: November 29, 2018
Citation: 2018 IL 122793
Docket Number: 122793122822

Justia Opinion Summary: Plaintiffs, participants in public pension funds, sued, challenging the constitutionality of three reforms in Public Act 97-651, which altered articles 8, 11, and 17 of the Illinois Pension Code (40 ILCS 5/8, 11, 17) and...

Gregg v. Rauner  
Date: November 29, 2018
Citation: 2018 IL 122802
Docket Number: 122802

Justia Opinion Summary: In 2012, then-Governor Quinn nominated Gregg to be a salaried member of the Illinois Prisoner Review Board (IPRB). Gregg submitted a statement of economic interests for the preceding calendar year, indicating that in 20...

Gonzalez v. Union Health Service, Inc.  
Date: November 29, 2018
Citation: 2018 IL 123025
Docket Number: 123025

Justia Opinion Summary: The administrator of the decedent’s estate brought a wrongful death and survival action against Union Health Service based on alleged negligence in providing medical treatment the decedent. UHS moved to dismiss on the gr...

First Midwest Bank v. Cobo  
Date: November 29, 2018
Citation: 2018 IL 123038
Docket Number: 123038

Justia Opinion Summary: First Midwest sued defendants for breach of a promissory note. Defendants responded that First Midwest or its predecessor had already sued them twice for the same breach of the same promissory note: once in a foreclosure...

Sperl v. Henry  
Date: November 29, 2018
Citation: 2018 IL 123132
Docket Number: 123132

Justia Opinion Summary: CHR, a logistics company, had a transportation contract with Jewel Food Stores. Henry, who owned a semi-tractor that she leased to Dragonfly, a federally licensed motor carrier, agreed to deliver potatoes to CHR’s Illin...

A&R Janitorial v. Pepper Construction Co.  
Date: November 29, 2018
Citation: 2018 IL 123220
Docket Number: 123220

Justia Opinion Summary: Mroczko was employed by A&R as a custodian in a building where Pepper was performing maintenance work. Pepper's subcontractor, Perez, was replacing the carpets. While Mroczko was cleaning, a desk that had been placed in...

People v. Dupree  
Date: November 1, 2018
Citation: 2018 IL 122307
Docket Number: 122307

Justia Opinion Summary: A Lake County jury convicted Dupree of two counts of armed robbery and two counts of aggravated robbery. His convictions were upheld on direct appeal. He filed a postconviction petition. At the second stage, Dupree filed...

People v. Harris  
Date: October 18, 2018
Citation: 2018 IL 121932
Docket Number: 121932

Justia Opinion Summary: Defendant was convicted of first degree murder, attempted first degree murder, and aggravated battery with a firearm. Defendant was 18 years and 3 months at the time of the offenses, and he was sentenced to 76 years in p...

People v. Zimmerman  
Date: October 18, 2018
Citation: 2018 IL 122261
Docket Number: 122261

Justia Opinion Summary: The Supreme Court of Illinois reversed the appellate court's decision to reverse the circuit court's order granting defendant's motion to seal his fourth and fifth motions in limine over the objection of intervenors. As...

People v. Bonilla  
Date: October 18, 2018
Citation: 2018 IL 122484
Docket Number: 122484

Justia Opinion Summary: Applying People v. Burns, 2016 IL 118973, which held that the warrantless use of a drug-detection dog at a defendant’s apartment door, located within a locked apartment building, violated a defendant’s rights under the F...

American Family Mutual Insurance Company v. Krop (Amended Opinion)
Date: October 18, 2018
Citation: 2018 IL 122556
Docket Number: 122556
American Family Mutual Insurance Co. v. Krop  
Date: October 18, 2018
Citation: 2018 IL 122556
Docket Number: 122556

Justia Opinion Summary: American Family filed a declaratory judgment action against Walter and Lisa Krop, contending their homeowner's insurance policy did not cover a tort action pending against their son. The Krops filed a counterclaim agains...

Cassidy v. China Vitamins, LLC (Amended Opinion)
Date: October 18, 2018
Citation: 2018 IL 122873
Docket Number: 122873
Cassidy v. China Vitamins, LLC  
Date: October 18, 2018
Citation: 2018 IL 122873
Docket Number: 122873

Justia Opinion Summary: In this strict product liability action, the Supreme Court of Illinois affirmed the appellate court's judgment and remanded to the trial court for its determination of whether the manufacturer of flexible bulk containers...

People v. Newton  
Date: October 18, 2018
Citation: 2018 IL 122958
Docket Number: 122958

Justia Opinion Summary: The Supreme Court of Illinois affirmed defendant's conviction for unlawful delivery of a controlled substance within 1000 feet of a church in violation of the Illinois Controlled Substances Act. The court held that the e...

Ameren Transmission Co. of Illinois v. Hutchings  
Date: October 18, 2018
Citation: 2018 IL 122973
Docket Numbers: 122973, 122985, 122986, 122987, 122988, 122989, 122992, 122993, 122994, 122996, 122997, 122998, 122999, 123000, 123001, 123002, 123003, 123004, 123005, 123006, 123007, 123008, 123009, 123011, 123012, 123013, 123014, 123015, 123016, 123017, 123018, 123019, 123020, 123021

Justia Opinion Summary: The Supreme Court of Illinois reversed the circuit court's decision granting landowners' motion to dismiss based on section 8-406.1 of the Public Utilities Act, holding that the circuit court lacked the necessary jurisdi...

People v. Bingham  
Date: September 20, 2018
Citation: 2018 IL 122008
Docket Number: 122008

Justia Opinion Summary: Bingham had a 1993 conviction for attempted criminal sexual assault but was not required to register as a sex offender at that time because the conviction occurred before the 1986 enactment of the Sex Offender Registrati...

Oswald v. Hamer  
Date: September 20, 2018
Citation: 2018 IL 122203
Docket Number: 122203

Justia Opinion Summary: Section 15-86 of the Property Tax Code (35 ILCS 200/15-86 ) provides a charitable property tax exemption specifically for eligible not-for-profit hospitals and their hospital affiliates. In a suit alleging that the secti...

People v. Harvey  
Date: September 20, 2018
Citation: 2018 IL 122325
Docket Number: 122325

Justia Opinion Summary: Defendant was convicted of domestic battery, a Class 4 felony due to a prior aggravated battery conviction. The circuit court sentenced him to three years in prison, and imposed fines and fees. Defendant filed a pro se...

People v. Gocmen  
Date: September 20, 2018
Citation: 2018 IL 122388
Docket Number: 122388

Justia Opinion Summary: Officer Beaty responded to a call reporting an unconscious person in a vehicle, possibly having a seizure. Defendant’s passenger side tires were on the grass; the driver’s side tires were on the road. The vehicle’s trans...

Schad, Diamond and Shedden, P.C. v. My Pillow, Inc.  
Date: September 20, 2018
Citation: 2018 IL 122487
Docket Number: 122487

Justia Opinion Summary: The Diamond law firm filed a qui tam action against My Pillow, under the Illinois False Claims Act, 740 ILCS 175/1, asserting that My Pillow had failed to collect and remit taxes due under the Retailers’ Occupation Tax A...

People v. Nere  
Date: September 20, 2018
Citation: 2018 IL 122566
Docket Number: 122566

Justia Opinion Summary: Taylor's family gathered at her mother’s Wheaton apartment to celebrate Taylor’s release from prison. Taylor’s girlfriend, Walker, joined the party. Taylor later called Defendant to arrange a ride home for Walker. When D...

People v. Young  
Date: September 20, 2018
Citation: 2018 IL 122598
Docket Number: 122598

Justia Opinion Summary: Young was convicted of first-degree murder based on the 2005 stabbing death of his girlfriend. The Morgan County circuit court sentenced him to serve 40 years in prison, with 215 days of presentence custody credit. Young...

In re N.G.
Date: August 9, 2018
Citation: 2018 IL 121939
Docket Number: 121939
In re N.G.  
Date: August 9, 2018
Citation: 2018 IL 121939
Docket Number: 121939121961

Justia Opinion Summary: N.G., born in 2011, was declared a ward of the court, based on neglect, and was placed with relatives. Her father, Floyd, was incarcerated. The Will County Circuit Court terminated the parental rights of N.G.’s mother a...

Monson v. City of Danville  
Date: August 2, 2018
Citation: 2018 IL 122486
Docket Number: 122486

Justia Opinion Summary: Monson was shopping in Danville. Walking to her car, she felt her foot hit a piece of concrete, tripped and fell onto the sidewalk, sustaining injuries. Public Works Director Ahrens made final decisions about which sect...

People v. Vara  
Date: June 1, 2018
Citation: 2018 IL 121823
Docket Number: 121823

Justia Opinion Summary: Vara was convicted of child pornography (720 ILCS 5/11-20.1(a)(6)(vii)). The circuit court sentenced him to three years of imprisonment and imposed fines mandated by statutes: a $1000 child pornography fine (720 ILCS 11-...

People v. Plank  
Date: May 24, 2018
Citation: 2018 IL 122202
Docket Number: 122202

Justia Opinion Summary: The Illinois Vehicle Code prohibits anyone with a revoked driver’s license from driving a “motor vehicle.” 625 ILCS 5/6-303(a); such an individual may still drive a “low-speed gas bicycle.” Section 1-14-.15 defines “low-...

Parmar v. Madigan  
Date: May 24, 2018
Citation: 2018 IL 122265
Docket Number: 122265

Justia Opinion Summary: In 2011, Dr. Parmar died, leaving an estate valued at more than $5 million. Plaintiff was appointed as executor of the estate. At the time of Parmar’s death, the estate was not subject to taxation under the Estate Tax Ac...

Perry v. Department of Financial and Professional Regulation  
Date: May 24, 2018
Citation: 2018 IL 122349
Docket Number: 122349

Justia Opinion Summary: Perry filed suit under the Illinois Freedom of Information Act (FOIA) seeking the disclosure from the Department of Financial and Professional Regulation of information concerning a complaint against his structural engin...

People v. Pepitone  
Date: April 5, 2018
Citation: 2018 IL 122034
Docket Number: 122034

Justia Opinion Summary: In 1998, the defendant was charged with predatory criminal sexual assault of a child, criminal sexual assault, and aggravated criminal sexual abuse. He pleaded guilty to predatory criminal sexual assault of a child and w...

People v. Encalado  
Date: March 22, 2018
Citation: 2018 IL 122059
Docket Number: 122059

Justia Opinion Summary: Defendant was indicted on 15 charges of aggravated criminal sexual assault and three charges of criminal sexual assault. Before trial, the state successfully moved for admission other crimes evidence to show that defenda...

People v. Manning  
Date: March 22, 2018
Citation: 2018 IL 122081
Docket Number: 122081

Justia Opinion Summary: Manning’s second trial for first-degree murder established that the victim was a highly-intoxicated unwelcome visitor at a residence occupied by Manning and others. A fight ensued between the victim and four residents, i...

Berlin v. Bakalis  
Date: March 22, 2018
Citation: 2018 IL 122435
Docket Number: 122435

Justia Opinion Summary: Defendant pleaded guilty to violating an order of protection, a Class 4 felony based on his prior conviction (720 ILCS 5/12-3.4(d)). The parties did not agree to a sentence, but the state agreed not to prosecute two coun...

Thounsavath v. State Farm Mutual Automobile Insurance Co.  
Date: March 22, 2018
Citation: 2018 IL 122558
Docket Number: 122558

Justia Opinion Summary: State Farm issued two policies of motor vehicle insurance to plaintiff, covering a Pontiac Grand Am and a Pontiac GTO. Each policy provided liability, uninsured motorist, and underinsured motorist coverage in the amounts...

Hartrich v. 2010 Harley-Davidson  
Date: February 16, 2018
Citation: 2018 IL 121636
Docket Number: 121636

Justia Opinion Summary: A Robinson police officer heard a motorcycle “revving” before observing it making a “very wide” turn, nearly hitting a telephone pole. The officer followed, turned on his emergency lights, and activated his siren, but th...

Antonicelli v. Rodriguez  
Date: February 16, 2018
Citation: 2018 IL 121943
Docket Number: 121943

Justia Opinion Summary: Antonicelli, was a passenger in a vehicle traveling on I-88. Three lanes were closed for construction. Browder was operating a semi-tractor and trailer, traveling behind Antonicelli’s vehicle. Rodriguez, under the influe...

People v. Chairez  
Date: February 1, 2018
Citation: 2018 IL 121417
Docket Number: 121417

Justia Opinion Summary: Chairez pled guilty to possessing a firearm within 1000 feet of a park in Aurora, Illinois. He filed a post-conviction petition, arguing that the statute was unconstitutional under the Second Amendment because an individ...

Bogenberger v. Pi Kappa Alpha Corp., Inc.  
Date: January 19, 2018
Citation: 2018 IL 120951
Docket Number: 120951

Justia Opinion Summary: David attended a pledge event at Northern Illinois University's Pi Kappa Alpha fraternity. Vodka-laden hazing ensued. By the end of the night, David’s blood alcohol level reached more than five times the legal limit. Dav...

People v. Carey  
Date: January 19, 2018
Citation: 2018 IL 121371
Docket Number: 121371

Justia Opinion Summary: Defendant and his brother, Jimmy, ambushed armored truck guards. Defendant was shot in the head. Jimmy died from gunshot wounds. Defendant was charged with first-degree felony murder based on attempted armed robbery (720...

People v. Coats  
Date: January 19, 2018
Citation: 2018 IL 121926
Docket Number: 121926

Justia Opinion Summary: Chicago police officers executed a search warrant at an apartment, forced entry and detained four individuals. Officers approached a locked, rear room, knocked and heard people moving, but got no response. Forcing entry,...

Bank of New York Mellon v. Laskowski  
Date: January 19, 2018
Citation: 2018 IL 121995
Docket Number: 121995

Justia Opinion Summary: In 2010, as the trustee for an alternative loan trust, the Bank filed a residential mortgage foreclosure complaint against Pacific and others in Will County. The Bank later filed an affidavit for service by publication s...

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