Criminal law — conflicting stories, false conviction

Posted March 28, 2014 3:02 PM

Where no evidence unambiguously suggested that the defendant acted in an common act with co-defendants which ended in a homicide, and much evidence suggests that he did not, it is unreasonable for the court to conclude that the defendant is guilty of felony murder. The Illinois Appellate Court, 1st District, 4th Division, reversed and remanded a decision by Cook County Circuit Judge Maura Slattery Boyle. On Oct. 17, 2007, 10-year-old Arthur Jones was shot and killed during a gang dispute between the Black P Stones …

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!

Torts — proximate cause

Where plaintiff is injured when a person crashes their car into a business plaintiff is patronizing, the incident may be foreseeable and does not preclude proximate cause by the business.
Sentencing — application note

Where court declined to revisit precedent deferring to application note’s interpretation of provision of Sentencing Guidelines.
Criminal procedure — denial of sentencing credit

Where defendant petitions seeking sentencing credit and the petition is denied, the denial is not a final or appealable order and the appellate court lacks jurisdiction to consider it.
Family law — dissolution of marriage proceedings

Where a party in an ongoing dissolution of marriage proceedings is ordered to pay attorney fees for a related probate proceeding, that order is not final and appealable.
Sentencing — conspiracy

Where government could prove defendant joined smaller conspiracy than what was alleged in the indictment, conviction was affirmed.
Criminal law — void ab initio conviction

Where defendant pleads guilty due to the threat of being impeached by a prior conviction later found void ab initio and is sentenced based on the same conviction, he has suffered a constitutional violation.
Family law — adult disabled child support

Where a parent petitions for adult disabled child support, it may do so after the child has reached the age of majority if the child is not emancipated and the disability arose as a minor.
Civil procedure — remand

Where plaintiffs’ complaint contained one claim and multiple legal theories, defendants could not justify remand on the basis that one legal theory alleged violation of federal law.