Criminal procedure — sentencing, other factors

Posted December 28, 2018 1:49 PM

Where the defendant is sentenced within the guidelines established for the crime committed, the sentence is presumptively proper and may only be overturned if an abuse of discretion is demonstrated.The 1st District Appellate Court affirmed the decision of Cook County Associate Judge Dennis J. Porter.On June 7, 2009, Caleb Charleston was driving a car with Jeffrey Allen in the passenger seat. The two saw Patrick Stribling standing on a street corner and Allen pulled out a gun and opened fire, hitting Stribling. After &ldquo …

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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

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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.
Civil procedure — mootness

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Civil procedure — standing

Where plaintiffs alleged economic harm based on theoretical risk of injury from potentially contaminated infant formula, theory was not sufficient to confer Article III standing.