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Following a jury trial on a first degree murder charge, defendant Jared M. Staake was convicted in the circuit court of Schuyler County of second degree murder (720 ILCS 5/9-2(a)(1) (West 2012)) for the stabbing death of Michael Box.
The defendant, Michael Brooks, was charged with driving under the influence following asingle-vehicle motorcycle accident. He filed a motion to suppress the results of blood-alcoholtesting on the ground that the blood draw performed at the hospital after his accident was a governmental search conducted in violation of the fourth amendment.
trial court discretion not to impose otherwise mandatory firearm sentencing enhancements. The appellate court rejected defendants arguments for retroactive application of these statutes to their cases that were pending on direct review when the statutes became effective and affirmed defendants convictions and sentences.
In these consolidated appeals we consider the temporal reach of two legislative enactments: (1) an amendment to section 5-130(1)(a) of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/5-130 (West 2016)), which, inter alia, eliminated armed robbery while armed with a firearm and aggravated vehicular hijacking while armed with a firearm from the list of automatic transfer offenses, and (2) the new juvenile sentencing provisions codified in section 5-4.5-105 of the Unified Code of Corrections (Code) (730 ILCS 5/5-4.5-105 (West 2016)), which, inter alia, give the trial court discretion not to impose otherwise mandatory firearm sentencing enhancements.
At issue is whether fees that have already been earned by an attorney in a dissolution of marriage proceeding are considered available funds, such that they may be disgorged under section 501(c-1)(3) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS5/501(c-1)(3) (West 2014)). We hold that earned fees are not subject to disgorgement.
At issue in this appeal is the meaning of section 3-107(b) of the Local Governmental andGovernmental Employees Tort Immunity Act (Act) (745 ILCS 10/3-107(b) (West 2012)).
In this appeal, we review the determination of the Department of Revenue (Department) on a claim filed by Citibank, N.A. (Citibank), for tax refunds pursuant to the provisions of section 6 of the Retailers Occupation Tax Act (ROTA) (35 ILCS 120/6 (West 2012)).
In this appeal, we address a disagreement in the appellate court on the proper standard for reviewing a guilty-plea defendants challenge to his plea counsels performance raised in a petition seeking relief under the Post-Conviction Hearing Act.
The defendant, Michael Brooks, was charged with driving under the influence following a single-vehicle motorcycle accident. He filed a motion to suppress the results of blood-alcohol testing on the ground that the blood draw performed at the hospital after his accident was a governmental search conducted in violation of the fourth amendment.
In this appeal, we address a disagreement in the appellate court on the proper standard for reviewing a guilty-plea defendants challenge to his plea counsels performance raised in a petition seeking relief under the Post-Conviction Hearing Act.