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Criminal Case Law Digest- June Issue- 2018

6/19/2018 12:11:00 PM

The Illinois Prosecutor Services 

 CRIMINAL CASE LAW DIGEST - JUNE  ISSUE - 2018.  

Go to the Criminal Case Law Digest Publication page under the “Members Only” tab

This Publication has been created by the IPS and is presented to MTU1 for its members 

The following topics are covered

Vol. 14; No. 6   JUNE - 2018    IN THIS ISSUE:  MARCH - 2018 PUBLISHED OPINIONS.

 

CONSTITUTIONALITY OF STATUTE (Life Sentence): 

The defendant’s life sentence was constitutional. 

(People v. Robin Johnson, 1st Dist.)  page 05

 

CONSTITUTIONALITY OF STATUTE (Juvenile Sentence): 

The sentencing scheme that allowed this defendant to receive a sentence of 71 years in prison was unconstitutional. 

(People v. Antuan Joiner, 1st Dist.) page 08

 

CONSTITUTIONALITY OF STATUTE (Life Sentence): 

This Juvenile’s Life Sentence was not unconstitutional.

(People v. James Walker, 3rd Dist.) page 30

 

CONSTITUTIONALITY OF STATUTE (Sex Offender Registration): 

The Sex Offender Registration Act was not unconstitutional.

(People v. Aaron Zetterlund, 3rd Dist.) page 31

 

COUNSEL (Effectiveness): 

The defendant’s counsel provided effective assistance.

(People v. Antuan Joiner, (1st Dist.) page 08

 

COUNSEL (Waiver): 

The defendant did not properly waive counsel at his trial, but he forfeited any complaint by failing to raise the issue.

(People v. Carl Redmond, (1st Dist.) page  10

 

COUNSEL (Effectiveness): 

The defendant’s counsel did not provide ineffective assistance by failing to object to trial errors. 

People v. Scott Peters, 2nd Dist.) page 22

 

COUNSEL (Krankel Hearing): 

The trial court did not err by allowing the People to take an adversarial role in the hearing concerning the conduct of his counsel.

(People v. Scott Peters, 2nd Dist.) page 22

 

COUNSEL (Self-Representation): 

The trial court did not improperly refuse to allow the defendant to waive counsel and represent himself. 

(People v. Ollie B. Owens, 3rd Dist.page 32

 

COUNSEL (Effectiveness): 

The alleged violation of an ethical duty on the part of the defense counsel did not require that evidence relating to that conduct be suppressed.

(People v. Christian L. Shepherd, 3rd Dist.) page  33

 

COUNSEL (Ethical Duty): 

The defendant’s attorney did not violate some ethical duty owed to this defendant.

(People v. Christian L. Shepherd, 3rd Dist.) page 33

 

DUE PROCESS (Presentation of a Defense): 

The defendant was not denied his right to present a defense during his trial when the trial court barred the proposed testimony of an expert and a lay witness regarding the defendant’s seizures.

(People v. Robin Johnson, 1st Dist.) page 05

 

DUE PROCESS (Burden of Proof): 

The trial court did not improperly shift the burden of proof onto this defendant in this case.

(People v. Antuan Joiner, 1st Dist.) page 08

 

DUE PROCESS (Presence): 

This defendant was not denied his right to be present during his trial.

(People v. Scott Peters, 2nd Dist.page 22

 

EVIDENCE (Impeachment): 

The People improperly failed to prove up their assertion that the defendant had threatened a witness. 

(People v. Corey Anderson, 1st Dist.) page12

 

EVIDENCE (Prior Consistent Statement): 

The People improperly attempted to bolster the credibility of a witness through the use of a prior consistent statement.

(People v. Corey Anderson, 1st Dist.page 00

 

EVIDENCE (Hospital Records): 

The trial court properly allowed the defendant’s hospital records to be used against him.

(People v. Trent Hamerlinck, 1st Dist.page 14

 

EVIDENCE (Impeachment): 

The trial court did not improperly refuse to allow the defendant to impeach a witness for the People concerning the People providing housing for the witness.

(People v. Robin Johnson, 1st Dist.) page 05

 

EVIDENCE (Impeachment): 

The People properly impeached their own witness.

(People v. Christopher Perez, 1st Dist.) page 15

 

EVIDENCE (Hearsay): 

The trial court improperly allowed the defendant’s historical cell site analysis (HCSA) evidence to be used against him.

(People v. Juan Ramos, 1st Dist.) page  17

 

EVIDENCE (Text Messages): 

The trial court did not err by allowing the People to introduce the transcripts of text messages the defendant sent to the alleged victim.

(People v. Eric F. Ziemba, 2nd Dist.) page27

 

EVIDENCE (Prior Bad Acts): 

The trial court did not err in allowing the defendant to be impeached with his prior bad acts.

(People v. Tyler R. Burlington, 4th Dist.) page 35

 

FEES AND FINES (Authority): 

The circuit clerk did not have the authority to impose fines upon this defendant.

(People v. Tyler R. Burlington, 4th Dist.page 35

 

FEES AND FINES (Authority): 

The circuit clerk did not have the authority to impose fines upon this defendant.

(People v. Joseph M. Jophlin, 4th Dist.) page 37

 

JURY INSTRUCTIONS (Involuntary Manslaughter): 

The Court did not err in refusing to instruct this defendant’s jury on the offense of Involuntary Manslaughter.

(People v. Robin Johnson, 1st Dist.) page 05

 

JURY QUESTIONING (Zehr Questions): 

The trial court may have improperly phrased its questions when picking the defendant’s jury, but any error was harmless.

(People v. Scott Peters, 2nd Dist.) page  22

 

JUVENILE LAW (Statutory Construction):

The offense of possession of a stolen car is not a violation of a traffic law such that a minor accused of committing that offense may be tried as an adult.

(In re M.R. et al, 2nd Dist.page 28

 

MITTIMUS (Correction): 

This defendant’s mittimus should be corrected to read that he was convicted of only one murder.

(People v. Christopher Perez, 1st Dist.)page 15

 

OFFENSES (One Act – One Crime): 

This defendant could not have properly been convicted of multiple counts of DUI.

(People v. Trent Hamerlinck, 1st Dist.) page 14

 

PROSECUTOR CONDUCT (Comments): 

This prosecutor perhaps made improper comments during this defendant’s trial, but the defendant forfeited any complaint by failing to object.

(People v. Carl Redmond, 1st Dist.) page 10

 

PROSECUTOR CONDUCT (Comments): 

Some of the comments of this prosecutor during closing argument may have been improper, but any error was harmless.

(People v. Scott Peters, 2nd Dist.) page 22

 

PROSECUTOR CONDUCT (Vindictive Prosecution):  The prosecutor did not engage in a vindictive prosecution in this case.

(People v. Joseph M. Jophlin, 4th Dist.) page 37

 

PROSECUTOR CONDUCT (Motion in Limine): 

The conduct of the prosecutor, with respect to the trial court’s order following a motion in limine, did not deny this defendant due process.

(People v. Joseph M. Jophlin, 4th Dist.) page 37

 

REASONABLE DOUBT (DUI): 

The People presented sufficient evidence to support this defendant’s convictions Murder and Attempted Murder.

(People v. Antuan Joiner, 1st Dist.).page 08

 

REASONABLE DOUBT (First-Degree Murder): 

An “unreliable witness” did not fail to support this defendant’s conviction.

(People v. Christopher Perez, 1st Dist.) page 15

 

REASONABLE DOUBT (Attempted First-Degree Murder): 

The People introduced sufficient evidence to prove that this defendant had the intent to kill a police officer.

(People v. Scott Peters, 2nd Dist.) page 22

 

REASONABLE DOUBT (Involuntary Sexual Servitude of a Minor): 

The People presented sufficient evidence to support this defendant’s conviction for the offense of Involuntary Sexual Servitude of a Minor where this was a sting operation and the minor never actually existed.

(People v. Eric F. Ziemba, 2nd Dist.) page  27

 

REASONABLE DOUBT (Aggravated Cruelty to a Companion Animal): 

The People presented sufficient evidence to support this defendant’s conviction for Aggravated Cruelty to a Companion Animal.

(People v. Regina F. Robards, 3rd Dist.) page 34

 

REASONABLE DOUBT (Burglary): 

The People presented sufficient evidence to support this defendant’s Burglary conviction.

(People v. Tyler R. Burlington, 4th Dist.) page 35

 

REASONABLE DOUBT (DUI): 

The People presented sufficient evidence to support this defendant’s DUI and DWLR convictions.

(People v. Joseph M. Jophlin, 4th Dist.)page 37

 

SEARCH AND SEIZURE (Reasonable Suspicion): 

The Officers did not have sufficient reasonable suspicion to justify their detention and frisk of this juvenile after they saw him walking away from an area where shots had been fired.

(In re D.L., 1st Dist.). page 19

 

SEARCH AND SEIZURE (Defective Warrant): 

This search was valid despite a defective search warrant.

(People v. John Carlos Boose, 2nd Dist.) page 29

 

SENTENCES (Constitutionality): 

This defendant’s 53-year prison sentence was not unconstitutional.

(People v. Christopher Perez, 1st Dist.page 15

 

SENTENCES (Credit): 

This defendant was entitled to additional credit off of his sentence.

(People v. Christopher Perez, 1st Dist.) page 15

 

SENTENCES (Constitutionality): 

This 18-year-old defendant’s natural life sentence was not unconstitutional.

(People v. Denzel Pittman, 1st Dist.page 20

 

SENTENCES (Credit): 

The defendant was entitled to two additional days of sentence credit.

(People v. Tyler R. Burlington, 4th Dist.) page 35

 

SENTENCES (Factors in Aggravation): 

The trial court did not err in considering the amount of drugs the defendant possessed as an aggravating factor.

(People v. Pablo M. Garcia, 4th Dist.) 00

 

STATUTORY CONSTRUCTION (Forcible Felony):

Aggravated Battery of a Peace Officer is not a Forcible Felony for purposes of the offense of being an Armed Habitual Criminal.

(People v. Donzell Ephraim, 1st Dist.page  21

 

ADDITIONAL PUBLISHED OPINIONS FOR MARCH - 2018 page 00

 

INDEX OF PUBLISHED CASES FOR MARCH - 2018 page  00


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