Criminal procedure — appointment of counsel

Posted November 9, 2021 10:29 AM

Where the court fails to recognize that it has discretion to appoint counsel and refuses to do so, it abuses its discretion by failing to realize it possesses discretion.The 2nd District Appellate Court reversed and remanded a decision from DeKalb County Circuit Judges William P. Brady and Robbin J. Stuckert.Eric Bernard was tried and convicted of armed robbery with a firearm and sentenced to 55 years in prison. He appealed, but his conviction was upheld. On July 20, 2015, Bernard filed a pro se petition claiming actual …

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!

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.
Civil procedure — mootness

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.
Civil law — apparent agency

Where plaintiff receives a consent form indicating that their treating physician is not an agent of the hospital, this is not dispositive of an apparent agency relationship.
Civil law — shareholder derivative action

Where plaintiffs file a shareholder derivative action they must allege facts that provide reasonable doubt as to whether the board of directors could exercise independent and disinterested judgment.
Immigration — asylum, nexus

Where petitioner failed to show nexus between her past persecution and membership in protected group, petition for review of decision denying asylum and withholding of removal was denied.
Criminal procedure — pretrial release

Where defendant is arrested and released with instructions to appear for a court date, he is on pretrial release even though he has not yet appeared before the court.