Justia Illinois Supreme Court Opinion Summaries

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 imposed MSR conditions. Cordrey was required to attend counseling, was prohibited from having contact with his victim, was required to have biweekly parole meetings, was required to register as a sex offender, with victim notification, and was subject to electronic monitoring. Cordrey was scheduled to begin MSR on April 12, 2013. That day, the Department of Corrections reported that Cordrey violated his parole because he had no suitable host site to serve his MSR. Cordrey was returned to prison to serve his MSR. Cordrey filed a grievance, followed by a pro se petition for habeas corpus. Counsel was appointed. The petition challenged the practice called “violating at the door” and alleged that more affluent offenders, who can afford suitable housing, can walk out of prison, while indigent offenders are returned to prison, in violation of constitutional guarantees of due process and equal protection. The Illinois Supreme Court denied the writ, reasoning that the Department of Corrections was unable to find placement for Cordrey due to his status as a sex offender, rather than his status as an indigent. The court noted the lack of evidence concerning housing options available for MSR, concerning whether both sex offender and non-sex offender indigent inmates are violated at the door, or whether there were alternates adequate to meet the state’s interests when there is no housing or funding available to inmates on MSR. View "Cordrey v. IL Prisoner Review Bd" on Justia Law

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 parties and dismissed the petition. Huber appealed. AAA argued that the appeal should be dismissed for lack of jurisdiction because notice of appeal was due no later than April 5, 2013, but the clerk did not receive the notice until April 9; it claimed that where notice is received after the 30-day deadline, it is deemed timely filed only if timely mailed, which may only be proven by a certificate of the attorney or affidavit of a nonattorney, neither of which Huber provided. Huber countered that the postmark on the envelope in which he mailed his notice disclosed a timely mailing date of April 3. The appellate court dismissed, holding that a postmarked envelope does not substitute for the affidavit or certificate that Supreme Court Rules 373 and 12(b)(3) require. The Illinois Supreme Court affirmed, noting that what Huber identified as a “postmark” was actually a postage label from a self-service kiosk that allows customers to mail letters and packages, buy postage, and access other postal services. View "Huber v. Am. Accounting Ass'n" on Justia Law

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 suspended for neglecting and misrepresenting client matters, failing to maintain a client trust account, and commingling. In 1994, Hannah was suspended until further order; he never sought reinstatement. Edmonds was unaware of Hannah’s disciplinary status and believed that Hannah was an estate planning expert. Edmonds introduced Hannah to Sloan, who transferred some assets to American Express for Hannah’s management. Sloan’s trust held $3.36 million at one point. Sloan died in 2000. Edmonds acted as executor and trustee. At his direction, the trust and estate bought Range Energy stock recommended by Hannah. Hannah eventually became president and CEO of Range, which, by 2001, held all of Sloan’s personal assets and most of the trust assets. In 2003, the British Columbia Securities Commission suspended trading of Range stock, which ultimately became worthless. Edmonds did not inform St. Mark’s about the situation. The church eventually filed suit. In 2009, the successor trustee closed the trust with a balance of $1,149. The ARDC Hearing Board found that Edmonds breached fiduciary duties, engaged in dishonest conduct, neglected an estate matter associated with the trust, and commingled his funds with client or third-party funds. The Review Board reversed the findings of breach of fiduciary duty and dishonest conduct and recommended that Edmonds be suspended for 60 days. The Illinois Supreme Court imposed a three-month suspension. View "In re Edmonds" on Justia Law

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 boy. The petition alleged that New was diagnosed with “paraphilia not otherwise specified, [paraphilia NOS], sexually attracted to adolescent males,” that his condition affected his emotional or volitional capacity which predisposed him to commit acts of sexual violence, and that there was a substantial probability that he would engage in future sexual violence. New moved to bar the expert testimony regarding the diagnosis, arguing that the experts’ opinions failed to meet the Frye standards for admissibility of novel scientific evidence. The trial court allowed the testimony. On cross-examination, the expert acknowledged controversy about how the paraphilia NOS diagnosis should be applied and over whether there should be a category in the DSM for individuals with a sexual arousal to early pubescent males, aged 11 to 14. The Illinois Supreme Court affirmed the appellate court in holding that the diagnosis of hebephilia is subject to Frye and that there was an inadequate basis to determine whether it has gained general acceptance. View "In re Detention of New" on Justia Law

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 those statements. Both sides were allowed to argue before the court. The trial court granted the state’s motion. The jury found defendant guilty of first degree murder, armed robbery, and home invasion. The appellate court affirmed, rejecting arguments that the trial court erred in admitting the coconspirator statements and allowing the state to elicit a prior consistent statement from one of its witnesses. The court held that defendant forfeited review of the first issue because he failed to file a motion in limine of his own to exclude those statements and failed to raise a contemporaneous objection when the state introduced the statements at trial; even if defendant had not forfeited the issue, he still was not entitled to relief because, with one harmless exception, all of the contested statements, including the prior consistent statement, were properly admitted. The Illinois Supreme Court affirmed, disagreeing with the forfeiture analysis, but agreeing that, with one harmless exception, the trial court properly admitted the statements in question. View "People v. Denson" on Justia Law

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 2105/2105-165) as a result of plaintiffs’ prior misdemeanor convictions for battery and criminal sexual abuse of their patients. The circuit court of Cook County dismissed their challenges. The appellate court and the Illinois Supreme Court affirmed, rejecting claims that the Act: did not apply to individuals who were convicted of a triggering offense prior to the Act’s effective date; was impermissibly retroactive and impaired certain fundamental rights, in violation of substantive due process; violated procedural due process; was unenforceable based on the res judicata effect of the previous discipline imposed by the Department; violated federal and state constitutional protections against double jeopardy; violated the constitutional prohibition against bills of attainder; violated the federal takings clause; and violated federal and state constitutional prohibitions against ex post facto law. View "Hayashi v. IL Dep't of Fin. & Prof'l Regulation" on Justia Law

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 surety bonds issued by Fidelity, totaling $18,128,827. The bonds did not contain specific “payment bond” language. A payment bond generally provides that if the contractor does not pay its subcontractors and material suppliers, the surety will pay them. In contrast, a “completion bond” or “performance bond” provides that if the contractor does not complete a project, the surety will pay for its completion. Lake County Grading (plaintiff) and Neumann entered into agreements for plaintiff to provide labor and materials for the improvements. Plaintiff completed the work, but was not paid in full. Neumann defaulted on its contract with the Village and declared bankruptcy. Plaintiff served Neumann and the Village with notices of a lien claim and ultimately filed suit, alleging breach of contract because the surety bonds did not contain language guaranteeing payment to subcontractors compliant with the first paragraph of section 1 of the Bond Act, 30 ILCS 550/1, and that it became a third-party beneficiary of the contracts between the Village and Neumann because the Act’s requirements are read into every public works contract for the benefit of subcontractors. The circuit court entered summary judgment on those counts. The appellate court affirmed. The Illinois Supreme Court reversed, holding that the bonds were sufficient and did not violate the Act, so that the Village did not breach any contractual obligation. View "Lake Cnty. Grading Co. v. Vill. of Antioch" on Justia Law

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 Illinois automatic transfer statute (705 ILCS 405/5-130), his case was transferred from juvenile court to criminal court, where he was tried as an adult, convicted by a jury of all three counts, and sentenced to a total of 36 years in prison. The appellate court remanded for a new trial, holding that the circuit court had erred by admitting defendant’s confession. The court also concluded that evidence of the victim’s sexual history was admissible on remand under the “constitutional necessity” exception to the state rape shield statute (725 ILCS 5/115-7(a)). The Illinois Supreme Court reversed the appellate court’s exclusion of defendant’s confession and determination that evidence of the victim’s sexual history is admissible under an exception to the rape shield statute, rejected his ineffective assistance claim, and upheld the constitutionality of the automatic transfer statute. The court remanded to the appellate court for its initial consideration of defendant’s excessive-sentence claim. View "People v. Patterson" on Justia Law

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 2008 after serving a sentence for parole violations, he was involuntarily admitted to Chester Mental Health Center (CMHC). A 2011 petition included a certificate by a CMHC staff psychiatrist that described threats, violent acts, resisting treatment, and inappropriate behaviors. At the commitment hearing a CMHC social worker, testified that he had interviewed Lance and those treating him, had reviewed the clinical file, that Lance has “an Axis I diagnosis of schizoaffective disorder, bipolar type, paraphilia NOS, history of noncompliance with the medications, and an Axis II diagnosis of antisocial personality disorder,” that Lance displayed “delusional thought content which is grandiose, paranoid, and persecutory in nature,” that he had periodic inappropriate sexual conduct, that he engaged in acts of verbal and physical aggression, and that he was noncompliant with medication. Lance appealed his involuntary admission, arguing the court violated the Mental Health and Developmental Disabilities Code, 405 ILCS 5/1-100, by disregarding his request, in testimony, to be voluntarily admitted. The appellate court ruled more than nine months after the term of commitment ended and reversed. The Illinois Supreme Court reinstated the trial court ruling, The Mental Health Code does not require a ruling for or against voluntary admission, based on an in-court request for voluntary admission during a hearing for involuntary admission, nor does it require a court to sua sponte continue a proceeding for involuntary admission upon such a request. View "In re Lance H." on Justia Law

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 Law. At that time, they had a viable claim for rescission. The firm failed to serve the required rescission notice. In 1992, plaintiffs hired new counsel to pursue their claims against Shearson, which were later dismissed as time-barred. In 1994 plaintiffs filed a malpractice action against the law firm. The appellate court affirmed the dismissal of the Illinois Securities Law claim, but reversed as to common law fraud and violation of the Illinois Consumer Fraud and Deceptive Business Practices Act. In 2007, plaintiffs settled those claims for $3.2 million. Later, the trial court found the law firm liable and calculated damages: plaintiffs’ $3.2 million settlement would be deducted from the total they paid for their 11 stock purchases, and 10% interest would be calculated on the remaining amount based on the dates of the stock purchases, for a total award of $4,091,752.19 plus attorney fees of $1,636,700.80, and $207,167.28 in costs and expenses. The appellate court affirmed, but remanded for recalculation of damages and attorney fees. The Illinois Supreme Court remanded for calculation of statutory interest damages on the full amount paid for each security from the date of purchase to the 2007 date of settlement, then deducting the $3.2 million recovery.View "Goldfine v. Barack, Ferrazzano, Kirschbaum & Perlman" on Justia Law