Sen. Dianne Feinstein, D-Calif., speaks during a Senate Committee on the Judiciary, Subcommittee on Crime and Terrorism hearing, Oct. 31, 2017 on Capitol Hill in Washington. Feinstein has died. She was 90.

Democratic Sen. Dianne Feinstein, an advocate for liberal priorities, dies at 90

Gun maker must face Highland Park parade suits in state court

Following a closed-door Republican strategy session, Speaker of the House Kevin McCarthy, R-Calif., talks to reporters at the Capitol in Washington Wednesday. AP Photo/J. Scott Applewhite

Shutdown appears likely as McCarthy rejects Senate spending bill

Illinois Supreme Court to take up med-mal damages case among PLAs

Lawyers stick to their routines before high court appearances

Constitutional law — unequal protection

Posted September 15, 2023 9:59 AM

Where a defendant is excluded from a statute because his conviction precedes the date of the statute’s enactment, this is not unequal protection under either the 14th amendment or the Illinois Constitution and he may not use that claim as a basis for a postconviction petition.The 2nd District Appellate Court affirmed the decision of Kane County Associate Judge Julia A. Yetter.Lionel Barry was charged with a number of offenses committed on Dec. 14, 1999, including first degree murder, home invasion, attempted murder …

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Evidence — hearsay

Where an officer introduces prior statements from witnesses which incriminate the defendant and which the witnesses deny at trial, those statements must be introduced under an exception to the hearsay rule or they are inadmissible.
Criminal law — multiple charges of the same crime

Where the prosecution states the evidence shows more than three criminal acts and the testimony supports the acts being frequent, it does not violate the one-act one-crime doctrine or double jeopardy if the defendant is convicted of three counts which are not distinguished by details or date.
Libel — single publication rule

Where Indiana courts would adopt single publication rule for post-publication libel liability, district court did not err in dismissing plaintiff’s case against newspaper publishers.
Civil procedure — de facto officer doctrine

Where a board held hearings and allowed both sides to present evidence, it has taken substantial action, and the de facto officer doctrine applies to any decisions rendered by the board at that point.
Administrative law — evidence

Where a teacher is terminated due to a finding by the Board of Education, the Board is not limited to the strict rules of evidence during the administrative proceedings and may receive all oral and written evidence.
Sentencing — hearsay at sentencing

Where probation office amended defendant’s presentence investigation report based on statements from co-defendant that implicated defendant in further criminal conduct, district court did not commit error in relying upon that hearsay to adopt the new PSR.
Criminal procedure — pro se admonishments

Where a defendant who has previously waived the right to counsel and entered a guilty plea again waives the right to counsel for postplea proceedings, the circuit court must again admonish defendant as to the risks of pro se representation.
Sentencing — Rule 32 procedure

Where district court failed to ask questions required by Federal Rule of Criminal Procedure 32 at sentencing, error was harmless because defendant did not allege that he actually was denied access to the presentence investigation report prior to sentencing.

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Democratic Sen. Dianne Feinstein, an advocate for liberal priorities, dies at 90

Gun maker must face Highland Park parade suits in state court

Shutdown appears likely as McCarthy rejects Senate spending bill

Illinois Supreme Court to take up med-mal damages case among PLAs

Lawyers stick to their routines before high court appearances

Constitutional law — unequal protection

To Read the Full Story

Your source for legal news and information

Print & Digital Access

Evidence — hearsay

Criminal law — multiple charges of the same crime

Libel — single publication rule

Civil procedure — de facto officer doctrine

Administrative law — evidence

Sentencing — hearsay at sentencing

Criminal procedure — pro se admonishments

Sentencing — Rule 32 procedure

Photo gallery with Top Stories

Democratic Sen. Dianne Feinstein, an advocate for liberal priorities, dies at 90

Shutdown appears likely as McCarthy rejects Senate spending bill

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