Justia Illinois Supreme Court Opinion Summaries

In 1999, Agpawa pleaded guilty to federal felony mail fraud. In 2002, he completed his sentence. Agpawa ran for mayor of the City of Markham in 2017. There were no preelection challenges to Agpawa’s nominating petitions, but Cook County State’s Attorney Foxx sent Agpawa a letter stating that he was ineligible to serve as mayor because of his felony conviction. Agpawa won the election. Foxx filed a complaint, alleging that Agpawa had been convicted of an “infamous crime” and was prohibited from holding municipal office unless he received a presidential pardon under the Election Code. 10 ILCS 5/29-15. The appellate court affirmed judgment for Foxx.Agpawa sought relief from then-Governor Rauner, who issued a document that purported to be a “RESTORATION OF RIGHTS OF CITIZENSHIP ROGER AGPAWA.” Agpawa took the oath of office as Markham's mayor. The court vacated its earlier order. No appeal was taken. In 2020, Agpawa sought reelection. Opponents objected. The Markham Municipal Officers Electoral Board ruled in favor of Agpawa. The appellate court reversed. A subsequent amendment to the Election Code specifically refers to a restoration of rights by the governor.The Illinois Supreme Court reinstated the Board ruling. While the governor has no constitutional authority to pardon a federal conviction, the governor has statutory authority to mitigate the collateral electoral consequences of such a conviction by issuing a restoration of rights. Governor Rauner’s untitled document restored Agpawa’s Illinois rights of citizenship, including the right to hold municipal office. The court rejected arguments that the Illinois legislature had no authority to alter the effect of a federal conviction and that the statutory amendment violated the special legislation clause, was “void for vagueness,” should not be applied retroactively, and violated first amendment rights, the equal protection clause, and separation of powers principles. View "Walker v. Agpawa" on Justia Law

In 1995, Beaman was convicted of the murder of his former girlfriend, a college student, and sentenced to 50 years’ imprisonment. After Beaman had served more than 13 years in prison, this court overturned his conviction because the trial was tainted by a Brady violation. The undisclosed evidence concerned, Murray, a drug dealer who had a sporadic sexual relationship with the victim, who failed to complete a polygraph examination, was charged with domestic battery and possession of marijuana with intent to deliver prior to Beaman’s trial, physically abused his girlfriend on numerous occasions, and used steroids, which caused him to act erratically. The state declined to retry Beaman and dismissed the murder charge against him. Beaman subsequently sued Freesmeyer, Warner, and Zayas, former detectives of the Normal Police Department, asserting malicious prosecution, intentional infliction of emotional distress, and conspiracy. Beaman also requested damages from the municipality, under theories of respondeat superior and indemnification.On remand, the appellate court again affirmed the circuit court’s entry of summary judgment for defendants. The Illinois Supreme Court reversed. While no court has ever deemed the evidence against Beaman insufficient to sustain his conviction, Beaman is entitled to have a jury determine whether the detectives acted with malice. Material issues of fact exist with respect to whether the defendants intentionally ignored, shaped, interpreted, or created evidence to support their conclusion that Beaman was guilty. View "Beaman v. Freesmeyer" on Justia Law

In 1996, Dorsey (age 14) kicked open a door to a Chicago takeout restaurant and began firing a gun at customers, killing a 16-year-old and severely injuring 13-year-old Williams and 16-year-old Sims. At the hospital, Williams told police that Dorsey, whom she knew from school, was the shooter. The juvenile court allowed Dorsey’s prosecution to proceed in adult criminal court. Dorsey was convicted of first-degree murder and two counts of attempted first-degree murder. A presentence report detailed Dorsey’s troubled home life, gang involvement, and previous encounters with the law. While awaiting trial, Dorsey obtained an eleventh-grade education with “very good grades.” The court heard extensive evidence in aggravation and in mitigation then sentenced Dorsey to consecutive terms, resulting in an aggregate sentence of 76 years’ imprisonment.In 2014, Dorsey sought leave to file a successive petition for postconviction relief, arguing that his aggregate sentence violated the Eighth Amendment and the Supreme Court’s Miller v. Alabama holding, which forbids “a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders.” He argued that, although his sentence is not technically a natural life sentence, such a lengthy sentence imposed on a juvenile is sufficient to trigger Miller-type protections.The Illinois Supreme Court held that good-conduct credit is relevant and that a sentence imposed pursuant to a statutory scheme that affords a juvenile an opportunity to be released from prison after serving 40 years or less of the term imposed does not constitute a de facto life sentence. View "People v. Dorsey" on Justia Law

In filing mortgage foreclosure cases, the plaintiffs each paid a $50 “add on” filing fee under section 15-1504.1 of the Code of Civil Procedure. The plaintiffs challenged the constitutionality of section 15-1504.1 and of sections 7.30 and 7.31 of the Illinois Housing Development Act, 20 ILCS 3805/7.30, 7.31, which created foreclosure prevention and property rehabilitation programs funded by the fee.The trial court, following a remand, held that the fee violated the equal protection, due process, and uniformity clauses of the Illinois Constitution of 1970. The Illinois Supreme Court affirmed, finding that the fee violates the constitutional right to obtain justice freely. The $50 filing charge established under section 15-1504.1, although called a “fee,” is, in fact, a litigation tax; it has no direct relation to expenses of a petitioner’s litigation and no relation to the services rendered. The court determined that the plaintiffs paid the fee under duress; the voluntary payment doctrine did not apply. View "Walker v. Chasteen" on Justia Law

Hatter was charged with nine counts of criminal sexual assault based on three acts involving F.T., his live-in girlfriend’s 13-year-old daughter. In return for the recommendation of four-year consecutive sentences and an agreement to nol-pros the remaining charges, he pled guilty to counts alleging that he knowingly made contact between his penis and F.T.’s vagina and inserted his finger into F.T.’s vagina while she was a minor and Hatter was her “family member,” as the live-in boyfriend of her mother. The court stated that each charge was punishable by a sentence of four-15 years’ imprisonment, with the potential for an additional 30 years if there were aggravating factors. The court found that he understood the nature of the charges, the possible penalties, and his rights; he was pleading guilty freely and voluntarily and his guilty plea was supported by a factual basis. The court imposed two consecutive four-year prison terms. Hatter did not appeal. Because of an error with respect to supervised release, at a later hearing, Hatter had an opportunity to vacate his guilty plea. He instead agreed to an amendment of the sentence to provide for the correct mandatory supervised release term.A year later, Hatter filed the pro se post-conviction petition, alleging ineffective assistance of counsel because his attorney did not argue that F.T. was not a family member. The trial court summarily dismissed the petition as patently without merit. The appellate court and Illinois Supreme Court affirmed. Hatter’s factual allegations do not establish an arguably reasonable probability that he would have decided to plead not guilty, absent counsel’s alleged errors in failing to discover and present the defense to three of the nine alternative charges. View "People v. Hatter" on Justia Law

Bochenek was convicted of identity theft for the knowingly unauthorized use of another person’s credit card information to purchase cigarettes. Before trial, Bochenek argued that the venue provision pertaining to identity theft, 720 ILCS 5/1-6(t)(3), which allows for proper venue in the county in which the victim resides, was unconstitutional. Bochenek maintained that the acts constituting the offenses occurred at a gas station in Lake County and not where the victim resides, in Du Page County.The circuit and appellate courts and the Illinois Supreme Court upheld the constitutionality of the provision. Based on the nature of the crime, the constitutional mandate that criminal trials occur in the county in which the offense is alleged to have been committed is satisfied. The offense of identity theft may be deemed to have been committed where the physical acts occurred as well as where the intangible identifying information is “located,” namely the victim’s residence. View "People v. Bochenek" on Justia Law

During a routine traffic stop, officers ran a name check on Bass, a passenger, which returned an investigative alert issued by the Chicago Police Department for an alleged sexual assault. Bass was arrested and made incriminating statements to investigators. The court denied a motion to suppress those statements and found him guilty of criminal sexual assault. The appellate court reversed, holding that the traffic stop violated the Fourth Amendment because it was unlawfully prolonged, that Illinois Constitution article I, section 6, provides greater protections than the Fourth Amendment, and that arrests based on investigative alerts, even those supported by probable cause, violate the Illinois Constitution.The Illinois Supreme Court affirmed the reversal of Bass’s conviction, relying solely on the Fourth Amendment, without addressing investigatory alerts or the state constitution. The state failed to meet its burden of showing that the stop was not unlawfully prolonged. Officers cannot lawfully pursue unrelated investigations after quickly completing the mission by claiming that the overall duration of the stop (here, about eight minutes) remained reasonable, nor by waiting to resolve the mission (by writing a ticket or giving a verbal warning) until unrelated inquiries are completed. The name check was unrelated to resolving the red light violation; the officers resolved the traffic violation and then waited to issue the verbal warning so that they could engage in on-scene investigations into other crimes by checking names until they found something worth investigating. View "People v. Bass" on Justia Law

Based on a 2001 gang-related shooting Jackson was convicted in Cook County of first-degree murder and aggravated battery with a firearm. After his direct appeal and an initial post-conviction petition were unsuccessful, he sought leave in the circuit court to file a successive post-conviction petition, arguing that his constitutional right to due process of law was violated at trial by the state’s use of witness statements that were the product of police intimidation or coercion and that he is actually innocent of the crimes for which he was convicted. Jackson attached documents that purport to show a pattern and practice of witness intimidation in other cases by the police detectives who obtained the witness statements, as well as exculpatory affidavits.The appellate court and Illinois Supreme Court affirmed the denial of the petition. The material regarding police misconduct attached to Jackson’s petition is not relevant to establishing a pattern and practice of witness intimidation by the interviewing detectives in this case, so Jackson has not satisfied the “prejudice” prong of the cause-and-prejudice test. Jackson cannot set forth a colorable claim of actual innocence because his supporting affidavits are not new; principles of “fundamental fairness” do not require additional proceedings. View "People v. Jackson" on Justia Law

Knapp and Rodriguez were charged with attempted first-degree murder, mob action, and aggravated battery in connection with the stabbing of Avitia, who survived the attack and identified the assailants. At a McHenry County jury trial, the prosecution argued that the defendants were members of the Norteños street gang and that they attacked Avitia based on his alleged association with a rival street gang. At the state’s request, the court admonished Knapp concerning his right to testify. Knapp acknowledged that he had discussed the issue with his attorney and made a choice not to testify.On appeal, Knapp unsuccessfully argued that his counsel was ineffective because counsel “elicited inadmissible other crimes evidence that was similar to the charged offense and also false” and failed to “pursue a ruling on the State’s motion to introduce gang evidence or renew his objection to the admission of such evidence.” Knapp then filed a pro se post-conviction petition, raising claims of actual innocence, involuntary waiver of his right to testify, and ineffective assistance.The appellate court and Illinois Supreme Court affirmed the summary dismissal of the petition. While a pro se petitioner is not required to use precise legal language alleging a “contemporaneous assertion of the right to testify” to survive first-stage summary dismissal, summary dismissal is warranted when the record positively rebuts the allegations. The record contains nothing to suggest that Knapp ever alerted the court of his desire to testify, that he had any questions about that right, or that he otherwise was unsure about waiving his right to testify. View "People v. Knapp" on Justia Law

Reents obtained a tax deed to 10 locked and gated acres in Rockford. In 2017, the Attorney General, at the request of the Illinois Environmental Protection Agency, filed a civil enforcement action for violations of 415 ILCS 5/1, against Reents and Stateline Recycling, including allegations of open dumping of waste without a permit; disposal, storage, and abandonment of waste at an unpermitted facility; open dumping of waste resulting in litter and the deposition of construction and demolition debris; and failure to pay clean construction and demolition debris fill operation fees. Reents refused to permit an inspection of the property during pretrial discovery. The Winnebago County circuit court granted a motion to compel her to comply with the Rule 214(a) inspection request. After Reents asserted a good-faith objection and respectfully refused to comply, the court held her in contempt so that she could file an appeal. The appellate court reversed, citing Fourth Amendment principles.The Illinois Supreme Court vacated. The appellate court erred in deciding the appeal on constitutional grounds; the issue presented involves a civil discovery order that the appellate court should have reviewed for an abuse of discretion. Reents did not raise any constitutional issues and has forfeited any such challenge. Courts should not find discovery rules unconstitutional when a particular case does not require it. The circuit court applied the plain language of Rule 214(a) as written. View "Madigan v. Stateline Recycling, LLC" on Justia Law