Legal practice — conflict of interest

Posted August 25, 2021 10:34 AM

Where counsel for a defendant puts forward an argument for his own ineffectiveness as trial counsel, he does not have a per se conflict of interest, and an actual conflict of interest must be demonstrated to warrant a new hearing.The 1st District Appellate Court affirmed the decision of Cook County Associate Judge Timothy Chambers.Steven Zirko shot and stabbed his ex-girlfriend and her mother in their home in Glenview in 2004. At trial, evidence was brought forth that Zirko had previously solicited someone to kill his ex …

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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.
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Where a petition for involuntary treatment is granted the petition may be reviewed even after the treatment has ended if it may recur or there is a public interest in settling the issue.
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.