Author Archives: Baku Patel
Defendant Loses Bid to Appeal Life Sentence on 8th Amendment Grounds
People v. Humphrey: Juvenile Life Sentences in Illinois In People v. Humphrey, 2023 IL App (5th) 220072-U, the Illinois Appellate Court for the Fifth District considered whether life sentences imposed on a defendant for murders committed when he was a juvenile violated the Eighth Amendment or the Illinois Constitution. The case arose from a… Read More »
Defendant Sentenced to 42 Months in Prison on Charges of Aggravated Domestic Battery and Possession of Methamphetamine
People v. Ashworth: Aggravated Domestic Battery and Methamphetamine Possession in Illinois In People v. Ashworth, 2023 IL App (5th) 220604-U, the Illinois Appellate Court for the Fifth District reviewed a defendant’s sentence following convictions for aggravated domestic battery and unlawful possession of methamphetamine. The defendant had been acquitted of two armed-violence counts but received… Read More »
Probation Revoked for Defendant Who Changed His Residence without Notifying His Probation Officer
People v. Jones: Illinois Domestic Battery and Probation Violation In People v. Jones, an Illinois defendant pleaded guilty to domestic battery after striking a household member on the head. The defendant received 12 months of probation rather than a sentence of imprisonment. One of the conditions of his probation required him to report any… Read More »
Champaign Man Charges as Armed Habitual Criminal After Police Find Drugs, Guns in His Home
An Illinois armed habitual criminal charge can carry serious consequences, but the State still must prove the required prior convictions and firearm possession beyond a reasonable doubt. A Champaign man was charged after police searched his residence and reportedly found a loaded handgun and prescription painkillers. The defendant was arrested by members… Read More »
Criminal Defendant Denied Motion to Withdraw His Guilty Plea
An Illinois appellate court examined whether alleged promises by defense counsel and concerns about a plea agreement were enough to invalidate a guilty plea under Supreme Court Rule 402. In People v. Balfour, the defendant asked an Illinois appellate court to allow him to withdraw his guilty plea to aggravated battery by means… Read More »
Defendant is Denied Post-Conviction Relief After Being Charged as Class-X Offender
An Illinois appellate court examined whether a defendant’s negotiated 23-year sentence was undermined when three years of mandatory supervised release were imposed after prison. In People v. Roberts, the defendant argued that he did not receive the benefit of his negotiated guilty plea because the trial court imposed a three-year term of… Read More »
Defendant Loses Appeal for Attempted Murder, Aggravated Battery
An Illinois appellate court considered whether the evidence established intent to kill, whether defense counsel had a per se conflict of interest, and whether multiple convictions violated the one-act, one-crime doctrine. In People v. Small, the Illinois Appellate Court for the Fifth District reviewed convictions arising from a violent domestic altercation. Franklin… Read More »
Conviction is Overturned After State Fails to Establish Weapons Possession Charge
An Illinois appellate court reversed a firearm-possession conviction after finding that the State failed to prove the defendant had constructive possession of the gun before he grabbed it while responding to gunfire. In People v. James, the Illinois Appellate Court for the Fifth District considered whether the State had presented enough evidence… Read More »
Can a Farmer Be Sued for Dust Blowing Off Their Property?
Can Illinois Farmers Be Held Liable for Highway Crashes Caused by Blowing Dust? The answer depends on whether a farmer’s conduct contributed to a foreseeable and preventable roadway hazard—or whether the crash was caused solely by an unforeseeable natural event. On May 1, 2023, a major dust storm caused multiple crashes on Interstate 55… Read More »
Patient Dies After Catheter Pump is Found to Have Holes in It
The Illinois Supreme Court examined how much evidence is required before a medical malpractice plaintiff can add a respondent in discovery as a defendant in a wrongful death lawsuit. In Cleeton v. SIU Healthcare, Inc., the Illinois Supreme Court considered a wrongful death case involving a patient who suffered from baclofen withdrawal… Read More »