Attorney Fees
Cross-Appellants Eric Hurkman, Richard McGeehan, and Timothy Wrzesinski appeal the probate court’s denial of their individual requests for attorney fees and costs from the estate of Harold Hartshorne related to the real property date-of-death valuation the personal representatives used in the inventory, interim accounting, and federal real estate tax return filings for the estate.
Motion to Suppress Evidence Denied
This case concerns whether an officer’s frisk of a citizen was supported by reasonable suspicion.
Ineffective Assistance of Counsel
Jacalyn Mattingly appeals a judgment of conviction for fifth-offense operating a motor vehicle while intoxicated (OWI) and an order denying her motion for postconviction relief.
Termination of Parental Rights
On appeal, K.J. and A.W. argue that: (1) the circuit court erred when it denied the parents’ postdisposition motions without a hearing; (2) the circuit court had no competence to proceed with Diane’s second TPR because the underlying CHIPS order expired following the denial of the State’s first TPR petition; (3) issue preclusion applied to the second TPR trial and counsel was ineffective for[...]
Court Error – Evidentiary Rulings
Edward Fleming appeals a judgment, entered upon a jury’s verdict, convicting him of first-degree sexual assault by sexual contact with a child under the age of thirteen and causing a child under age thirteen to listen to or view a sexual act.
Plea Agreement
Derek Asunto appeals a non-final order of the circuit court denying his motion to enforce what he contends was an accepted plea agreement.
Fiduciary Liability
This case arises out of the Illinois Gaming Board’s decision to revoke Emerald Casino, Inc.’s gaming license. In an attempt to recover the value of the license, the bankruptcy trustee sued the defendants—former Emerald officers, directors, and shareholders—for breach of contract and breach of their fiduciary duties.
Motion to Suppress Evidence Denied
Defendant Ronald Johnson entered a conditional guilty plea to one count of possession of heroin with intent to distribute, 21 U.S.C. § 841(a)(1), reserving the right to appeal the denials of his motions to suppress the evidence found in his condominium.
Writ of Mandamus – Venue
This mandamus petition raises a question of first impression in this circuit: Does ERISA’s venue provision, 29 U.S.C. § 1132(e)(2), preclude enforcement of a forum-selection clause in an employee-benefits plan?
Wage Payment & Collection Act
Katherine Shaw Bethea Hospital is a not‐for‐profit healthcare provider in Dixon, Illinois.
Abuse of Discretion
On appeal Chambers argues that Judge Myerscough was wrong to think that she lacked authority to grant his Rule 60(b) motion. He says the judge could have granted relief based on the new and unforeseeable circumstances beyond his control.
Subject-Matter Jurisdiction and Sufficiency of Evidence
A jury concluded that Wagha and Portfolio (collectively “the Dealers”) had broken their promise to invest the money conservatively, and its verdict awarded Patel $136,000 for breach of contract plus a further $64,000 for securities fraud, for a total of $200,000.
Legal News
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Case Digests
- Ineffective Assistance of Counsel; Double Jeopardy; Sentencing
- Ineffective Assistance of Counsel; Sexual Assault-Prosecutorial Misconduct
- Contract-Negligence
- Criminal Law; Juvenile Law; Discovery
- Family Law; Child Support; Property Division First paragraph(s)
- Ineffective Assistance of Counsel- Exclusion of Evidence of Witness Bias
- Postconviction Relief-Sentencing-Ineffective Assistance of Counsel
- 14th Amendment – Due Process
- Criminal-Sentencing Guidelines – Enhancement
- Bankruptcy-Tax
- Civil Rights – 14th Amendment-Jury Instructions
- Contract; Foreclosure and Property