Sixth Amendment — ineffective counsel assistance

Posted March 2, 2015 2:42 PM

Where an exculpatory witness attempted to contact the defense counsel, but the defense counsel failed to follow-up with the witness, that counsel has provided ineffective assistance in violation of the defendant’s Sixth Amendment rights. The Illinois Appellate Court, 1st District, 1st Division, reversed and remanded a decision by Cook County Associate Judge James M. Obbish. On Oct. 15, 2003, Marcus Galloway was shot multiple times. He was pronounced dead on arrival at the hospital. On Nov. 18, 2003, Lorenzo …

To Read the Full Story

Your source for legal news and information

Print & Digital Access

Stay in the know all year long with these benefits:

Delivery to your office in downtown Chicago or mailed outside our hand-delivery zone.
Unlimited access to chicagolawbulletin.com.
Access to our e-edition and mobile site.
Breaking news alerts, Morning Lineup and Afternoon Headlines.
Exclusive access to events, discounts and more.

Order now, or call 312-644-2394 or email Subscription@LawBulletinMedia.com for details.

Be in the know. These must-read insider briefings will keep you

informed of the latest legal developments in Chicago. Sign up today!

Criminal procedure — denial of pretrial release

Where a court denies defendant pretrial release with a written order devoid of specific findings, this order is still sufficient if the oral pronouncement supplements with the necessary findings.
Civil procedure — involuntary admission

Where the state files for involuntary admission, it must give the subject the opportunity to prepare a defense against involuntary admission and may not change the admission basis without notice.
Sentencing — speculative information

Where district judge made reference to missing firearms from burglary and possible location of said firearms at sentencing, remark was not the basis for entire sentence and did not constitute impermissible speculative information.
Insurance — evidence from underlying litigation

Where there is no ambiguity in a liability insurance policy, a court giving a declaratory judgment need not admit elements from the underlying suit unless it deems them necessary.
Immigration — appellate jurisdiction

Where immigration judge denied discretionary cancellation of removal on the basis of petitioner’s criminal record, panel lacked jurisdiction to review decision without colorable question of law.
Insurance — innocent insured

Where an insurance policy bars recovery in cases of misappropriation, an innocent insured may recover despite a coinsured’s misconduct unless the policy specifically prohibits it.
Criminal procedure — certificate of innocence

Where a defendant seeks a certificate of innocence he must demonstrate innocence of all acts charged in the indictment, not merely those of which he was convicted.
42 U.S.C. Sec. 1983 — discrimination in contract negotiations

Where large television distributors refused to pay retransmission fees to new owner of small-regional television stations, disparity in market power between former and current owner of stations served as race-neutral reason for decision.