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Author Archives: ChicagolandLawFirm

Heck Rules in 7th Circuit Habeas Corpus Claim

An exonerated man’s pursuit of the Peoria cops who framed him for double murder will move forward after judges in federal appeals court said his civil rights claims for damages fell within a two-year filing window allowed him under  habeus corpus rules. Johnnie Lee Savory spent three decades behind bars after being convicted as 14-year-old for the 1977… Read More »

Judicial Missteps Mean Resentencing for Former Chicago Cop

A bent cop who saw bids for a reduction in jail time denied in district court will be resentenced thanks to a ruling that revives an appeal over changes that affect his case. Former Chicago Police Department Officer Alex Guerrero, who got almost 20 years for faking busts and turning the recoverd dope and guns… Read More »

Judge Certifies Federal Stripper Suit

Dancers must opt in if they want to participate in a lawsuit against a Bedford Park club that they say stripped them of their wages. This according to a ruling issued in US District Court under the Fair Labor Standards Act, which allows their suit to proceed as a collective action that can be joined… Read More »

No Class Actions for Undocumented CPD Detentions

A federal judge has ruled that those improperly detained at a notorious Chicago Police Department facility may not band together to sue the city. US District Judge Robert Dow said a pair of class actions involving the CPD’s Homan Square center failed to satisfy procedural guidelines around the certification of grouped complaints. Home to SWAT,… Read More »

Procedural Error Stays Ruling in Warrantless Search Appeal

Prosecutors seeking to pin weapons offenses on a Chicago man will have to content themselves with convictions for motor vehicle violations after judges in the 1st District Appellate Court ruled that cops failed to follow procedure when searching a car where a gun was found. Cops never asked Terrence Davis for proof of insurance after… Read More »

Era of Legal Weed Opens with Pot Pardons

More than 11,000 residents saw their records cleared of convictions for minor marijuana offenses as Illinois became the 11th state to legalize recreational use of the drug. Officials from the city and state gathered on New Year’s Day at a church on Chicago’s South Side to celebrate the end of what Gov. J.B. Pritzker called… Read More »

Split Ruling Highlights Conditions and Cautions in Terry Stops

A divided appeals panel cited common sense and Constitutional scholarship in upholding the conviction of a Chicago man for unlawful use of a weapon. Steven Spain was collared in a Terry Stop by cops responding to reports of gang activity on a Canaryville street in 2016 and given a year behind bars after a Cook… Read More »

Concurrent Jail Terms Deemed Reasonable on Appeal

A convicted drug offender must serve out a pair of sentences he received after repeatedly violating conditions of his release, according to a federal appeals panel that rejected his claim that additional jail time didn’t fit the offense he’d committed. After breaking parole following a concurrent stretch for a pair of convictions and being resentenced… Read More »

Access and Arguments Get E-Boost from State’s Highest Court

The Illinois Supreme Court is embracing the electronic age more fully with initiatives aimed streamlining procedure and the provision of records. Among them, allowing attorneys to use electronic devices when presenting evidence in oral arguments before the court and new rules around remote access on the re:SearchIL electronic records repository. Both changes go into effect… Read More »

Do Convictions Require More Than Confessions?

They do in the 1st District Appellate Court, where a three-member panel of judges cited witness testimony and physical evidence as the reason for keeping a Chicago man behind bars for weapons offenses. Cops said Anthony Jones admitted owning the gun he’d tossed as they approached him in response to reports of a man matching… Read More »