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Author Archives: ChicagolandLawFirm

CSI: ISC as State Supreme Court Stays Murder Appeal

A former FBI agent’s lush description of a crime scene led the Illinois State Supreme Court throw out a Kane County man’s conviction for strangling his wife. In upholding an appeal’s court decision that will see Shadwick King re-tried, the court ruled that judges in the 2nd District were right to toss the conviction due to… Read More »

Detail Keys Reversal in Eighth Amendment Appeal

An inmate who suffered needlessly with a medical condition will see his civil rights suit proceed against a doctor working for the private contractor that provides healthcare for the Illinois Department of Corrections. This after appellate judges in the US 7th Circuit said a summary judgement granted in district court contains ample evidence that Dr…. Read More »

AGs Aim at Feds in 3D Gun Fight

A coalition of top prosecutors from around the country are pushing back on President Donald Trump’s push to allow plans for guns that can be made with 3D printers to be published online. Illinois Attorney General Kwame Raoul is among the group of AGs from 20 states and the District of Columbia that filed a… Read More »

No Torture Relief in Immigration Order Appeal

An illegal alien who claimed that a return to her native Mexico would place her in danger will be going home after a panel of judges sided with immigration officials and declined to review her case. Elvira Garcia-Arce sought relief under the United Nations Convention against Torture, saying gang harassment and a family member who’d… Read More »

Probate Claim Fails on Dead Man’s Appeal

An appeals court resolved a dispute over whether financial support from a parent qualified as repayable, citing the so-called Dead Man’s Act in turning away a claim in the case of a Cook County couple that died in a car wreck. Wayne Crawford asked the executor of his son’s estate and that of his wife… Read More »

Will I-Pass Data be Off Limits?

A state legislator hopes so. Rep. Margo McDermed wants to improve privacy protections around the details and usage patterns of the transponders that let drivers breeze through Tollway collection booths. Her bill would remove the power of courts to subpoena the Illinois State Toll Highway Authority for I-Pass records in civil cases, including accidents and… Read More »

AGs Center Immigration Brief on States Rights

Attorneys General from around the country are banding together to stop federal agents from arresting illegal immigrants at state courthouses. In an amicus brief filed in Seattle, they say that a federal policy of invading courtrooms to apprehend undocumented immigrants violates state sovereignty. The AG there is asking a district court judge to stop the… Read More »

Expectant Teachers Await Supreme Court Maternity Ruling

The Illinois Supreme Court is taking up the case of teacher who is seeking to recover pay for accrued sick leave that she used after the birth of a child. District officials in the western Chicago suburb of Wood Dale refused to grant Margaret Dynak’s request at the end of the school year in 2016… Read More »

Houston Affirmed as Boundary on Timeliness of Prison Filings

Citing the challenges inmates face when interacting with the judicial system, a federal appellate panel extended the US Supreme Court’s prison-mailbox rule for court filings to administrative actions under the Federal Tort Claims Act. In overturning a summary judgement, the US Court of Appeals Court for the 7th Circuit said that provisions in a second… Read More »

Petition Lets Prosecutors Bypass Pot Bust Bureaucracy

Prosecutors in Illinois are getting an end-around around a seemingly endless paper shuffle as they move to absolve low-level pot offenders in the era of legal weed. A provision for motions to vacate and expunge records contained in the guiding legislation for legalized recreational use of the drug lets state’s attorneys skip steps in clearing some… Read More »