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Opinion

Aug 16, 2017

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.

Aug 16, 2017

Motion to Suppress Evidence Denied

This case concerns whether an officer’s frisk of a citizen was supported by reasonable suspicion.

Aug 16, 2017

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.

Aug 16, 2017

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[...]

Aug 16, 2017

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.

Aug 16, 2017

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.

Aug 16, 2017

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.

Aug 16, 2017

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.

Aug 16, 2017

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?

Aug 16, 2017

Wage Payment & Collection Act

Katherine Shaw Bethea Hospital is a not‐for‐profit healthcare provider in Dixon, Illinois.

Aug 16, 2017

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.

Aug 16, 2017

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.

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