Monthly Archives: August 2023
Tristar Innovative Products, Inc. Sued After 4-Year-Old Burned by Pressure Cooker
When a pressure cooker allegedly opens while still under pressure, scalding-hot contents can cause serious injuries, and Illinois product liability law may provide a basis for a claim. Pressure cookers are designed to contain extremely hot food, liquid, steam, and pressure. A May 2023 lawsuit against Tristar Products, Inc. alleged that a… Read More »
Trial Court Erred in Granting Summary Judgment to Defense in MedMal Lawsuit
An Illinois appellate court found that a genuine issue of material fact existed over whether Decatur Memorial Hospital could be held responsible for an emergency room physician under the doctrine of apparent agency. In Bilbrey v. Garcia, a teenager experienced sudden paralysis and other symptoms while at basketball practice. Her father took… Read More »
Defendant Appeals Sentence Issued by Judge Who Had Heroin Addiction
People v. Parker: Judge Drug Use Allegations and Post-Conviction Relief in Illinois An Illinois appellate court ordered new second-stage post-conviction proceedings after finding that appointed post-conviction counsel failed to properly develop and support claims involving alleged judicial impairment and ineffective assistance of counsel. People v. Parker involved allegations that the trial judge, Michael Cook,… Read More »
Judge Places Restraining Order on HB 5471 Involving Traveling with Weapons
Illinois Assault Weapons Law: What HB 5471 Means and What the Courts Have Decided Illinois enacted the Protect Illinois Communities Act in 2023, and federal courts have since considered whether its restrictions on assault weapons, large-capacity magazines, and related items comply with the Second Amendment. House Bill 5471 became the Protect Illinois Communities Act… Read More »
Analyzing the Grounds for Jussie Smollett Appeal
The Illinois Supreme Court held that a second prosecution violated due process because the State had dismissed the original charges as part of an agreement that Smollett had already performed. People v. Smollett involved a highly publicized prosecution arising from Jussie Smollett’s January 2019 report to Chicago police that he had been… Read More »
Right to Remain Silent Results in Mistrial on Eluding Police Charge
People v. Pinkett: Illinois Supreme Court Addresses Prosecutor’s Comments on a Defendant’s Silence What happens when prosecutors tell a jury that a defendant did not speak after being detained by police? In People v. Pinkett, 2023 IL 127223, the Illinois Supreme Court considered whether a trial court should have granted a mistrial after the… Read More »
Defendant Wins Appeal on Grounds of Failure to Properly ID
People v. Conway: Illinois Courts Examine Eyewitness Identification and Gunshot Residue Evidence An Illinois criminal case demonstrates how eyewitness identification, circumstantial evidence, judicial credibility findings, and forensic testimony can all affect a firearm conviction. In People v. Conway, 2023 IL 127670, the Illinois Supreme Court reviewed the conviction of Jason Conway, who had been… Read More »
State Must Establish that Defendant Knew a Firearm Was Defaced
People v. Ramirez: Illinois Supreme Court Clarifies Knowledge Requirement for Possessing a Defaced Firearm Illinois prosecutors must prove more than knowing possession when a defendant is charged with possessing a firearm with a defaced serial number. In People v. Ramirez, 2023 IL 128123, the Illinois Supreme Court considered an important question involving Illinois’s law… Read More »
Summary Dismissal Overturned in Traffic Accident Lawsuit
Roberts v. Highland: Illinois Appellate Court Addresses Evidence in a Bicycle Accident Case A child who was struck by a vehicle could not remember the accident, but her father’s observations before and immediately after the collision were enough to keep the negligence case alive. In Roberts v. Highland, 2023 IL App (5th) 220656-U, the… Read More »