News in Brief by Arizona: The family of 40-year-old Ryan Whitaker, who was fatally shot in the back by a police officer investigating a noise complaint, settled in December 2020 with the city of Phoenix for $3 million by unanimous City Council vote. Whitaker was shot in the doorway of …
Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute by Douglas Ankney by Douglas Ankney The Supreme Court of Illinois ruled that the predicate offenses of the home invasion statute, 720 ILCS 5/12-11 et seq., are lesser-included offenses of that statute. A …
Illinois Supreme Court Announces Guilty Plea Doesn’t Bar Postconviction Claim of Actual Innocence and Provides Framework for Review by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Illinois held that a plea of guilty doesn’t bar a defendant from later asserting an actual …
In Re Watts Coordinated Pretrial Proceedings-Henry Thomas' Response to Dft's Partial Motion to Dismiss, Wrongful Conviction, 2021 Case: 1:19-cv-01717 Document #: 178 Filed: 01/15/21 Page 1 of 33 PageID #:1449 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION In re: WATTS COORDINATED PRETRIAL PROCEEDINGS …
Bowman v. Korte, IL, Settlement, Excessive Force, 2021 Information Sheet for Case Number Case# 15-3215 Official Case # 15-CV-3215-CSB Plaintiffs: Opposing Counsel: t nstitutions: IDOC# Case Filed Bowman, Carlos #8721181 v. Korte, et al. Defendants: Received Status 7 /29/15 1/28/16 Date Served closed Class Action On Appeal D Spears CJ …
Serio v. IDOC, IL, Order of Dismissal, Public Records Request, 2020 CIRCUIT COURT OF THE SEVENTH ,flTDICIAL CIRClllT SANGAMON COUNTY, ILLINOIS RAYMOND SERIO. #B70625. Plaintift~ ILLINOIS DEPARTMENT ) ,I ) ) ) ) ) No . 16-MR-102 Of CORR ECTTONS. Defen<lanl. ORDER OF DISMISSAL This FOIA ca e is before …
Serio v. IDOC, IL, Settlement, Public Records Request, 2020 Information Sheet for Case Number Case# 16-102 Official Case# 16-MR-102 Plaintiffs: Opposine COlrnsel: Institutions: Case Filed Serio, Raymond #B70625 v. IDOC, et al. IDOC# Defendants: 01/28/16 Date Served Received Status closed 3/30/16 Class Action D On Appeal D Spears D Pro …
Illinois Law Firm Offers Web Application to Help Automate Expungement by Douglas Ankney by Douglas Ankney Legal Aid Chicago and Chapman and Cutler LLP launched a web application to help expedite the process of clearing criminal records of offenses that are eligible for expungement and sealing. The Legal Aid Chicago …
7th Circuit: Ice Methamphetamine Sentence Enhancement Requires Proof of Purity by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Seventh Circuit ruled that subject matter expertise alone is insufficient to establish the purity of methamphetamines accurately to support a Guidelines enhancement. Scott Carnell pleaded guilty to …
Cincinnati Police Department Agrees to Audit of Its DNA Database by Douglas Ankney by Douglas Ankney The Innocence Project of New York, along with the Cincinnati, Ohio, law firm of Gerhardstein & Branch (collectively “Plaintiff’s Counsel”), negotiated a settlement on September 14, 2020, wherein the Cincinnati Police Department (“CPD”) agreed …
Seventh Circuit: Prior Conviction Under Overbroad State Drug Statute May Be Used in Career Criminal Enhancement But Not For Prior Drug Crimes Enhancement by Matthew Clarke by Matt Clarke On July 20, 2020, the U.S. Court of Appeals for the Seventh Circuit held that a prior state drug conviction under …
Would the Real Officer Friendly Please Stand Up? by Casey Bastian by Casey J. Bastian In 1966, the official Officer Friendly program was first instituted by the Chicago Police Department. Shortly after inception, the program became sponsored by the Sears-Roebuck Foundation. This educational program was designed for elementary schools, focusing …
QAnon and Some Cops Are Bedfellows by Douglas Ankney by Douglas Ankney QAnon is a name associated with bizarre conspiracy theories. One is that a Satanic cabal of high-profile liberal pedophiles is running a worldwide sex ring. Another theory concerns a plot about kidnapped children held in underground tunnels so …
News in Brief by Alaska: Police here can fly over property but they “cannot use cameras and drones for aerial searches of property without a warrant,” the Alaska Court of Appeals ruled. “The ruling stems from a 2012 case in which Alaska State Troopers received a tip about marijuana being …
Alvarez v. DuPage County Sheriff, IL, Settlement,EEOC, 2020 REL• ASE AND S , 'fTLEMENT A REEMENT THIS RELEASE AND SETTLEMENT AGREEMENT (hereinafter, "AGREEMENT'') is made by and between Lissette Alvarez (hereinafter, "ALVAREZ"), Terry Heady of Law Office of Terry Heady (hereinafter, "HEADY"), Alvarez's attomey, and DUPAGE COUNY SHERIFF James Mendrick …
Seventh Circuit: Rehaif Creates Defense and Invalidates Defendant’s Guilty Plea by David Reutter by David M. Reutter The U.S. Court of Appeals for the Seventh Circuit held that a defendant was entitled to withdraw his guilty plea because he had a plausible defense in light of Rehaif v. United States, …
Chicago’s Police Torture Reparations by Jayson Hawkins by Jayson Hawkins In 2015, the decades-long battle waged by social justice activists in Chicago culminated in the passage of a reparations bill for victims of torture at the hands of the Chicago police. Five years after this historic victory, both victims and …
News in Brief by California: Marissa Cruz and Paea Tukuafu filed a civil rights lawsuit against the city of San Jose police in August 2020, claiming they were “battered and bruised” by cops and subject to unreasonable search and entry. The two were celebrating ahead of Cruz’s 22nd birthday at …
Seventh Circuit: Admissions to Pretrial Services Cannot Be Used to Prove Guilt by Dale Chappell by Dale Chappell In a case of first impression, the U.S. Court of Appeals for the Seventh Circuit held that an accused’s admissions during a pretrial services (“PTS”) interview for bail are confidential and cannot …
News in Brief by Arizona: Mariah Valenzuela has filed legal notices against the city of Phoenix and Maricopa County over Phoenix police officer Michael McGillis’ use of force during a January 16, 2020 traffic stop, abc15.com reports. The officer, driving a white van, stopped Valenzuela for allegedly veering across the …
