LATEST SUMMARIES

CONTRACTS, INSURANCE LAW
• Barth v. State Farm Fire & Cas. Co.

CRIMINAL LAW & PROCEDURE
• People v. Hudson
• People v. Slater
• People v. Bew
• People v. Harris

ELECTIONS, GOVERNMENT LAW
• Cinkus v. The Vill. of Stickney Mun. Officers Electoral Bd.

FAMILY LAW
• In re Marriage of Best

LATEST SUMMARIES

CONTRACTS, INSURANCE LAW
Barth v. State Farm Fire & Cas. Co., No. 104378
In a suit seeking damages after denial of insurance coverage for a home destroyed by fire, where plaintiff allegedly misrepresented his financial status, judgment for defendant is affirmed as: 1) defendant-insurance company need not prove reasonable reliance or injury under the exclusionary provision at issue because it is distinguishable from an affirmative defense relying on common law fraud; and 2) the materiality instruction given was sufficient to state the correct law to the jury. Read more...

CRIMINAL LAW & PROCEDURE
People v. Hudson, No. 104470
Conviction for home invasion is affirmed over claims that: 1) psychological injury does not satisfy the "injury" element of the offense of home invasion; 2) the evidence was insufficient to show that defendant intended to harm the victim; 3) the evidence was insufficient to prove that the victim suffered psychological harm; and 4) the circuit court denied defendant a fair hearing on his posttrial claims of ineffective assistance of trial counsel. Read more...

CRIMINAL LAW & PROCEDURE
People v. Slater, No. 104095
Conviction for one count of permitting the sexual abuse of a child is affirmed where an inculpatory statement made by defendant during a questioning session at the Will County Child Advocacy Center did not violate Miranda, was made knowingly and voluntarily, and was properly admissible at trial, and therefore, a second inculpatory statement made by defendant thereafter at the sheriff's department could not be tainted by the properly obtained first statement. Read more...

CRIMINAL LAW & PROCEDURE
People v. Bew, No. 104084
In a conviction for unlawful possession of cannabis with intent to deliver, an appellate court's finding of ineffective assistance of counsel and remand for new trial is reversed where: 1) the appellate court erred in its reliance on Cox, which held police must have an articulable suspicion before conducting a canine sniff at a traffic stop; and 2) the record is insufficient to review the alternative arguments of the parties. Read more...

CRIMINAL LAW & PROCEDURE
People v. Harris, No. 103796
In a conviction for unlawful possession of a controlled substance arising from a routine traffic stop of an unlicensed driver with outstanding warrants, the appellate court's reversal of the conviction upon remand from the U.S. Supreme Court is reversed and the conviction affirmed where neither the officer's request that defendant provide identification nor the subsequent warrant check using the information obtained from the defendant violated his rights under the fourth amendment. Read more...

ELECTIONS, GOVERNMENT LAW
Cinkus v. The Vill. of Stickney Mun. Officers Electoral Bd., No. 104471
In an appeal from a determination that plaintiff was not eligible to run for public office pursuant to section 3.1–10–5(b) of the Illinois Municipal Code, determination is affirmed where plaintiff was in arrears of a debt owed to the village at the time he filed his nomination papers. Read more...

FAMILY LAW
In re Marriage of Best, No. 104002
In a dissolution of marriage action, the appellate court's sua sponte reversal the trial court's declaratory judgment order addressing the validity and effect of a premarital agreement is reversed where the second prong of the declaratory judgment statute was met even though a final dissolution order had not been entered. Determination that the spousal support and insurance coverage waivers in the premarital agreement apply only if the parties are legally separated is affirmed. Read more...