Author Archives: Baku Patel
Appellate Court Rules Plaintiff Not Bound by Arbitration Agreement in Nursing Home Wrongful Death
A 2024 Illinois appellate decision distinguished between Survival Act claims and Wrongful Death Act claims when a nursing home seeks to enforce an arbitration agreement. An Illinois appellate court recently reversed part of a lower court’s decision compelling arbitration in a nursing home wrongful death case. The case involved a woman who signed nursing… Read More »
Defendant, Found Guilty on Two Counts of Predatory Sexual Assault, Loses Appeal
The Fifth District upheld convictions for predatory criminal sexual assault of a child and criminal sexual assault after rejecting the defendant’s appellate challenges. In People v. Hinman, 2024 IL App (5th) 220627-U, an Illinois jury convicted Jared Wade Hinman Sr. of two counts of predatory criminal sexual assault of a child and one count… Read More »
Defendant, Found Not-Guilty by Reason of Insanity, Appeals Denial of Transfer to a Less-Secure Psychiatric Facility
People v. Haynes addressed a defendant’s statutory rights to participate in a conditional-release hearing and obtain an impartial psychiatric examination. In People v. Haynes, 2024 IL App (5th) 210361-U, the Illinois Fifth District Appellate Court considered whether a defendant who had been found not guilty by reason of insanity was denied important statutory rights… Read More »
Murder Defendant Moves to Suppress Evidence of Text Messages on Cellphone
The Fifth District held that the defendant’s postconviction petition did not adequately state a constitutional claim concerning the later examination of data copied from his cell phone. In People v. Price, 2024 IL App (5th) 220550-U, the defendant was convicted of first-degree murder and sentenced to 60 years in prison. He later filed a… Read More »
Defendant Appeals Convictions of DUI Causing Death on Ground of One-Act, One-Crime
The Fifth District held that the defendant forfeited his one-act, one-crime claim by entering a negotiated guilty plea and failing to move to withdraw it. In People v. Rynders, 2024 IL App (5th) 220409-U, the defendant entered a negotiated plea of guilty to two counts of aggravated driving under the influence causing death. He… Read More »
Court Denies Pretrial Release Under SAFE-T Act for Defendant Accused of Firearms Offense
The Fifth District held that the State presented clear and convincing evidence supporting detention after the defendant challenged the use of evidence potentially subject to suppression. In People v. Forthenberry, 2024 IL App (5th) 231002, the Illinois Fifth District Appellate Court considered whether a defendant should remain detained under Illinois’ new pretrial release system… Read More »
Defendant Sentenced to 120 Years for Predatory Criminal Sexual Assault of a Child
The 2024 Fifth District decision involved a 120-year sentence, multiple Krankel proceedings, and a later challenge to the constitutionality of the statute used to convict the defendant. In People v. Anderson, 2024 IL App (5th) 220774-U, the Illinois Fifth District Appellate Court affirmed the dismissal of a petition filed by a defendant serving an… Read More »
Defendant Sentenced to 20 Years for Aggravated Battery of a Child
The Fifth District found sufficient evidence to support the conviction, upheld the admission of prior domestic violence evidence, and affirmed the 20-year sentence. In People v. Steele, 2024 IL App (5th) 220533-U, the defendant, Tyrone Steele, was convicted of aggravated battery of a child, a Class X felony under Illinois law. He was sentenced… Read More »
Illinois Woman Awarded $1.5M in Dog Bite Lawsuit
A woman suffered serious arm injuries and required four surgeries after an unleashed Rottweiler escaped its yard and attacked her while she was walking her dog. An Illinois dog owner agreed to settle a dog bite lawsuit for a reported $1.5 million after his dog escaped from his yard and severely injured a woman… Read More »
State Must Argue Why Less Restrictive Conditions Do Not Mitigate Threat Posed by a Defendant Under the SAFE-T Act
The Fifth District held that a trial court must explain why less restrictive conditions would not adequately protect the alleged victim or community before ordering pretrial detention. In People v. Odehnal, 2024 IL App (5th) 230877-U, the Illinois Fifth District Appellate Court reversed a trial court’s decision to detain a defendant before trial under… Read More »