Author Archives: Jay Butchko
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 »
Defendant Appeals Damages Assessment After Admitting Negligence In Car Accident
In some cases, the matter of negligence is already settled before a case hits a jury. Instead, the two parties dispute the amount of damages the plaintiff is entitled to. The defendant alleges that the plaintiff is overstating the extent of their injuries and believes they should pay less than the plaintiff demands. The… Read More »
Plaintiff Appeals Damages Verdict In Car Accident Case And Wins
It’s more frequent that you see a damages award overturned in favor of a defendant than a plaintiff. However, one case involving a rear-end collision was successfully appealed in favor of the plaintiff. In this case, the accident involves a rear-end collision in which the plaintiff’s head struck the steering wheel causing head, shoulder,… Read More »
Plaintiff Awarded Second Trial In Car Accident Case After Jury Favors Defendant
The plaintiff in a personal injury lawsuit involving a traffic accident was awarded a second trial after they successfully argued that the jury ignored key elements of fact to render a verdict in favor of the defendant. At issue was whether or not defense counsel’s opening statement effectively misled the jury to ignore the… Read More »
Traffic Accident Lawsuit Dismissed On Grounds Defendant Was Never Served
In Illinois, you have two years from the date of an accident to file a personal injury claim against a negligent defendant. There are very few reasons that the statute of limitations may be tolled. These include instances where a plaintiff does not become aware of the extent of their injuries until after some… Read More »
Defendant Charged With Possession With Intent Successfully Appeals Conviction
The vast majority of criminal convictions are upheld on appeal. It can be very difficult for a defendant to successfully petition an appellate court to overturn a sentence. However, there are plenty of cases that are overturned. In this case, the defendant was charged with possession with intent to deliver and possession of cocaine… Read More »
Defendant Loses Appeal Based On Prejudicial Evidence
The state is allowed to introduce evidence that impeaches a defendant’s testimony, but they are not allowed to introduce evidence that would unfairly prejudice the jury against a defendant. In this case, a defendant claimed he lost his first-degree murder case after the state introduced evidence of 8 prior convictions some of which were… Read More »