Author Archives: Jay Butchko
Trial Court Erred in Granting Summary Judgment to Defense in MedMal Lawsuit
A 5th Circuit Court of Appeals decided to remand a lawsuit back to the circuit courts after determining that a genuine issue of material fact existed in the plaintiff’s argument. The lawsuit was filed on a theory of medical malpractice. The plaintiff was a high school student participating in basketball practice when she began… Read More »
Defendant Appeals Sentence Issued by Judge Who Had Heroin Addiction
In 2011, an Illinois jury found a defendant guilty of armed violence, aggravated battery with a firearm, and attempted robbery. The trial took place before the Honorable Judge Michael Cook. Cook sentenced the defendant to 29 years in prison for his crimes. However, Judge Cook was brought up on charges himself of possession of… Read More »
Judge Places Restraining Order on HB 5471 Involving Traveling with Weapons
HB 5471 is an interesting case. The new law would effectively ban assault weapons in Illinois. Several watchdogs and gun rights groups filed a lawsuit protesting the new law, which was pushed through quickly and signed into law without due consideration, according to the plaintiffs in this case. The plaintiffs filed suit calling the… Read More »
Analyzing the Grounds for Jussie Smollett Appeal
As you may recall, Jussie Smollet faked a hate crime attack against himself and was charged with several crimes including disorderly conduct. Smollet was charged with filing a false police report which is a class-4 felony in the State of Illinois. Smollet was charged with 16 counts, but prosecutors said they would not pursue… Read More »
Right to Remain Silent Results in Mistrial on Eluding Police Charge
A recent lawsuit against an Illinois resident resulted in a mistrial on appeal. At issue was whether or not the trial court erred in failing to grant a mistrial during opening statements. In this article, we’ll discuss how the trial court erred and why a mistrial was granted to the defendant. Background The defendant… Read More »
Defendant Wins Appeal on Grounds of Failure to Properly ID
An appeals court granted a petition to appeal a case on the grounds that a police officer failed to properly identify a suspect who fired his weapon at a vehicle. The defendant was charged with being an armed habitual criminal in possession of a firearm after he was followed into a nearby home. The… Read More »
State Must Establish that Defendant Knew a Firearm Was Defaced
A lawsuit filed against an Illinois resident alleged that the defendant was in possession of a firearm in which the serial number had been filed off. The defendant appealed the conviction on the basis that he had no idea that the firearm’s serial number had been filed off and that the prosecution never established… Read More »
Summary Dismissal Overturned in Traffic Accident Lawsuit
This case involved a car being driven by the defendant and a bicycle being ridden by the plaintiff. In this case, the girl, who was a minor, was riding her bike on the street when she was struck by the defendant’s vehicle. Her father was on the back porch, but heard the impact. Her… Read More »
Woman and Her Boyfriend Denied Appeal After Abuse of Children
A woman and her boyfriend were denied an appeal after being sentenced to an aggregate term of 50 years for heinous conduct toward a minor child. The defendant appealed her conviction on the grounds that the court issued conflicting instructions to jurors regarding parental responsibilities. Her appeal was denied. Below, we will take a… Read More »
Defendant Wins Reversal of Ruling After Court Bars Impeachment Evidence
The plaintiff in this case had a pre-existing injury that paralyzed her legs from the knee down. In order to get around in her apartment, she would use a wheelchair, a motorized scooter, or crawl. In the case of the accident, she was on a motorized scooter when the defendant struck her with her… Read More »