Evidence — discharge hearings

Posted August 6, 2021 10:38 AM

Where a piece of hearsay evidence would be admissible under an exception in a criminal proceeding, it may be admitted into evidence for a discharge proceeding as well absent a specific prohibition that bars the admission.The 3rd District Appellate Court affirmed the decision of Will County Circuit Judge Daniel Rippy.Mark Lewis was arrested and charged with four counts of first-degree murder, home invasion, and residential burglary stemming from a break-in where Mark struck Cathleen Lewis on the head with a blunt object …

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Where defendant is charged with a criminal offense while on probation, his probation may be revoked and he is not eligible for pretrial release.
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Where a party seeks its right as a putative spouse against a decedent’s estate, it must file within two years of the death or the petition is untimely.
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Where district court rejected binding plea agreement, court did not abuse its discretion or improperly insert itself into plea agreement negotiations.
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Where defendant waives his right to counsel, the court must provide admonishments under Illinois Supreme Court Rule 401(a) at that point in time, prior admonishments do not suffice.
Jail — suicide

Where detainee told jail officers he was not considering suicide, and jail took precautions to frequently observe detainee for unusual behavior, detainee’s suicide did not render jail’s precautions constitutionally inadequate.
Civil procedure — additur

Where a court agreed to alter a jury award under additur as inconsistent with the verdict, the court must either obtain the defendant’s consent or initiate a new trial on damages.
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