Justia Illinois Supreme Court Opinion Summaries

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 successfully moved to designate the proceedings as an “extended jurisdiction juvenile prosecution.” M.I. waived his right to a jury trial. After adjudicating him delinquent the circuit court sentenced him for aggravated discharge of a firearm, to an indeterminate period in the juvenile division of the Department of Corrections, to end no later than his twenty-first birthday. The court also imposed a 23-year adult sentence, stayed pending successful completion of the juvenile sentence. The appellate and supreme courts affirmed. M.I. argued that the hearing on designation as an extended jurisdiction juvenile proceeding was not held within the statutory time period, but the supreme court held that the statute is directory rather than mandatory. M.I. raised a constitutional vagueness challenge to the statutory provision that a stay of an adult sentence may be revoked for violation of the “conditions” of a sentence. Such a stay was part of the original sentence, and the state is seeking revocation based on a subsequent drug offense, but this was not the provision under which revocation was sought, so M.I. lacked standing for the challenge. M.I. also claimed that there was a due process violation in imposing a 23-year adult sentence, citing Apprendi v. New Jersey, 530 U.S. 466 (2000). The court found no Apprendi violation, noting that the extended jurisdiction juvenile statute is dispositional rather than adjudicatory.View "In re M.I." on Justia Law

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 several more bullets in the car and on defendant’s person, then found a .454 revolver under a floor mat on the front passenger side. The circuit court suppressed all of the evidence, concluding that the challenged police conduct subjected defendant to an unlawful search without probable cause because the bullet did not establish evidence of a crime. The appellate court affirmed. The Illinois Supreme Court reversed. The parties agree that the officers’ initial approach and their questioning of defendant was lawful. The officers were in a vulnerable situation when they observed the bullet. It was dusk and the officers were on foot in a parking lot away from their vehicle; they were outnumbered by defendant and his two passengers, who were in a running car. The officers were forced to make a quick decision based on limited information after seeing the bullet. A reasonably cautious individual in a similar situation could reasonably suspect the presence of a gun, implicating officer safety.View "People v. Colyar" on Justia Law

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 nursing home with a feeding tube in place. While in the nursing home, Stanley pulled out the tube several times causing peritonitis, a systemic infection, which ultimately led to his death. Domagala was convicted of first degree murder and sentenced to 40 years. He filed a post-conviction petition, alleging that his trial counsel rendered ineffective assistance when he failed to conduct a diligent investigation to discover that a superseding, intervening cause, i.e., gross negligence of treating medical staff, and not petitioner’s conduct, caused the death of the victim. The circuit court dismissed. The appellate court affirmed. The Illinois Supreme Court reversed, finding that Domagala is entitled to an evidentiary hearing.View "People v. Domagala" on Justia Law

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 arrived. The judge began jury selection, over defense counsel’s objection, although the defendant had not arrived. When the witnesses had not arrived, more than 90 minutes later, the court directed a verdict in favor of the defendant and entered a written order stating that the “matter is dismissed.” The appellate court held that that the order was an appealable dismissal of charges rather than a nonappealable acquittal, then reversed and remanded for trial. The Illinois Supreme Court affirmed. Normally jeopardy attaches when the jury is sworn, but under these unique facts, the defendant was never at risk of conviction. The state indicated it would not participate prior to the jury being sworn. The court stated that it understood the court’s frustration regarding delays and its desire to control its docket, but “cannot countenance proceedings which the court labels as a ‘trial” but which simply prove to be ‘a sham [or] artifice employed by the trial judge to achieve the result of a dismissal with prejudice for want of prosecution.’”View "People v. Martinez" on Justia Law

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 was a taxing statute, Public Act 96-1544, effective in 2011, called the “click-through” nexus law. The law was challenged by a group of internet publishers that display website texts or images, such as a retailer’s logo, containing a link to a retailer’s website; they are compensated by the retailer when a consumer clicks on the link and makes a purchase from the retailer. Out-of-state retailers who use such arrangements to generate sales of over $10,000 per year become subject to taxation under the statute. Their challenge was based on the federal Internet Tax Freedom Act, 47 U.S.C. 151, which prohibits discriminatory taxes on electronic transactions, and the commerce clause of the U.S. Constitution. The Illinois Supreme Court held that the statute is invalid. The court noted that such marketing, when conducted through print media or on-the-air broadcasting, does not give rise to tax obligations under the Illinois statute. The enactment is a discriminatory tax on electronic commerce within the meaning of federal law, which preempts it. The court did not reach the commerce clause issue. View "Performance Mktg. Ass'n, Inc. v. Hamer" on Justia Law

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 certified by the Illinois Educational Labor Relations Board since 1989. The last collective-bargaining agreement expired in June, 2010. In July, 2010, a statutory amendment, Public Act 96-1257, purported to remove these employees from the oversight of the Illinois Educational Labor Relations Board and redefine them as “public employees” subject to the Illinois Public Labor Relations Act and the jurisdiction of the Illinois Labor Relations Board. The School District sought a declaration that its labor disputes with these employees were governed by the statute concerning educational employees, rather than by the one concerning public employees, challenging the enactment as invalid “special legislation,” forbidden by the Illinois Constitution. The circuit court dismissed. The appellate court reversed. The Illinois Supreme Court reversed without remand, holding that the challenged statute is invalid as forbidden special legislation because its language does not apply prospectively to school districts which may, after its effective date, employ peace officers. Although a general law could have been passed which would have affected a generic class of individuals, here, the affected class was closed on the effective date of the enactment. View "Bd. of Educ. of Peoria Sch. Dist. No. 150 v. Peoria Fed'n of Support Staff" on Justia Law

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 was unsuccessful in initial post-conviction claims. He claimed actual innocence in a 2009 successive post-conviction petition. The trial court held an evidentiary hearing at which Coleman called eight witnesses and the state called an investigating detective. The trial court denied relief, finding that Coleman’s evidence was insufficient to probably change the result on retrial. The Illinois Supreme Court ordered a new trial. To succeed on a post-conviction claim of actual innocence, a claimant must present new, material, noncumulative evidence that is so conclusive it would probably change the result on retrial. Although the state’s evidence at the original trial was sufficient to convict, there was no forensic evidence linking Coleman to the attack, and the prosecution’s identifications were significantly impeached. At the post-conviction hearing, Coleman presented the testimony of five men who admitted that they were present at the crime scene and that he was not. Although their credibility could be challenged based on their voluntary intoxication and criminal records, their testimony was consistent on key details. The evidence was new, material and noncumulative. On retrial, the fact finder can determine the credibility of those witnesses and balance the conflicting accounts. View "People v. Coleman" on Justia Law

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 search, Fitzpatrick was placed under arrest and, at the police station, was searched for contraband. Cocaine was found in his sock. Fitzpatrick was charged with possessing fewer than 15 grams of cocaine. He moved to suppress the evidence on a theory that a full custodial arrest for a petty offense violates the search and seizure clause of the Illinois Constitution. The motion was denied and the appellate court affirmed. The Illinois Supreme Court affirmed, noting that the issue has been settled under the Fourth Amendment of the U.S. Constitution. Fitzpatrick failed to meet his burden of establishing his claim that there is any long-standing Illinois tradition prohibiting arrests for petty offenses. The same meaning should be given to article I, section 6, of the Illinois Constitution as has been given to the fourth amendment of the United States Constitution.View "People v. Fitzpatrick" on Justia Law

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 appellate court affirmed Johnson’s convictions and sentences and dismissal of his subsequent post-conviction petition,(725 ILCS 5/122-1. Johnson filed a section 2-1401 petition for relief from judgment in 2008, which the circuit court erroneously dismissed. The appellate court remanded. The state filed a motion to dismiss his amended petition and requested that Johnson be assessed filing fees and court costs as an inmate filing a frivolous petition, 735 ILCS 5/22-105(a). The trial court dismissed and assessed numerous fees and costs against Johnson, including a $50 fee under the Counties Code, which provides that a State’s Attorney may collect a $50 fee for each day actually employed in the hearing of a case of habeas corpus. The prosecution argued that the habeas corpus fee applies to all collateral proceedings. The appellate court held that the reference to habeas corpus was generic and applied to all collateral proceedings, in order to deter frivolous filings. The Illinois Supreme Court vacated the fee, stating that, although there are several different types of habeas corpus proceedings, the Counties Code provision applies only to those and is not generic. View "People v. Johnson" on Justia Law

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 insufficient. The Illinois Supreme Court directed the appellate court to consider whether the evidence was sufficient to sustain conviction for the uncharged crime of aggravated criminal sexual abuse as a lesser-included offense. The appellate court did so find and remanded for sentencing. The supreme court affirmed, rejecting an argument of forfeiture by the prosecution, noting the authority of reviewing courts to reduce offenses on appeal. The absence of a statutory element from a charging instrument will not prevent a finding that it contains an outline of the lesser offense if any missing element can be inferred. The court noted that the assault charge involves sexual penetration, while the abuse charge involves sexual gratification or arousal. The former was alleged in the indictment; the latter was not. However, the indictment specifically alleged sexual penetration and, from this, the court held that it could be inferred that the misconduct was done for sexual gratification or arousal. The defendant had reasonable notice of the potential for a conviction of the lesser-included offense and had the opportunity to defend against it.View "People v. Kennebrew" on Justia Law