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Author Archives: ChicagolandLawFirm

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 »

No-Cash Bond Rules Need Clarification

So say judges in the 1st District Appellate Court, who ruled that procedural filings and judicial hearings still must take place when prosecutors seek to deny bail in light of changes made two years ago in Cook County to reduce bond for petty offenses. They used the case of a Chicago Public Schools teacher who… Read More »

Probable Cause Keys Reversal of Gun Rap

A Chicago man saw his conviction on a weapons charge vacated after an appeals panel agreed that cops had no reason to search his car or take him into custody. Judges in the 1st District Appellate Court said that simply seeing a gun in a car isn’t enough to merit seizure absent mitigating circumstances. James… Read More »

Legislator Crafting Employment Regime for Medical Marijuana

Pressed by constituents that have come under fire on the job for using doctor-prescribed cannabis, a state representative wants to afford them protection as Illinois enters the era of recreational legalization. Democrat Bob Morgan, from the 58th District on Chicago’s North Shore, will introduce a bill in the spring session that prevents employers from firing… Read More »

Appellate Court Upholds FMLA Verdict

A suburban school administrator will keep the $12,000 she won in a suit against Northwest Township District 214 after an appeals court agreed that officials at Wheeling High School failed to follow federal rules and offer her time away from work to deal with mental health issues. Noemi Valdivia cited indifference to racial abuse in… Read More »