ARBITRATION: $1,005,073.20 award for breach of service contract for failed vehicle transmission under Illinois Consumer Fraud Act confirmed (grown to $1,152,603 with interest 41 months after arbitration initiated), settled on appeal to Supreme Court for confidential amount… Marks. [Read more…]
Self-representation right properly granted
SELF-REPRESENTATION properly granted firearms Defendant… Christensen affirmed (memorandum). [Read more…]
Arbitration, $450,000 “rent-a-bank loan” unenforceable
ARBITRATION provisions in $450,000 “rent-a-bank” loan unenforceable because of ambuity as to waiver of right to jury… Breuner affirmed. [Read more…]
Contract/fraud, $164,875 verdict, NSF check
CONTRACT/FRAUD: Rule 60(b)(6) challenges to affirmed verdict of $164,875 for breach of contract and constructive fraud stemming from NSF check presented to repay investment loan properly rejected… Knisely affirmed (memorandum). [Read more…]
Water, generation of implied rights
WATER: Generation of implied rights reversed… Stephen Brown affirmed, reversed. [Read more…]
Theft, 5 years suspended where max was 3 years
THEFT: 5-years suspended where the maximum was 3 years was an illegal sentence… Seeley reversed (memorandum). [Read more…]
Attempted deliberate homicide, standoff with SWAT
ATTEMPTED DELIBERATE HOMICIDE: Claims of ineffective assistance for failure to proffer justifiable force or mitigated deliberate homicide in standoff with SWAT deferred to postconviction review… claim of ineffective assistance for failure to object to the State’s incorrect statements regtarding the mens rea of deliberate homicide fails to satisfy Strickland and is affirmed… remanded to amend judgment to conform to oral pronouncement… Seeley affirmed, reversed. [Read more…]
Assault on officer (jailer), 24 years MSP, right to jury
ASSAULT ON OFFICER: Reasons for sentencing obstreperous inmate to 24 years at MSP improperly premised on exercise of rights to remain silent, against self-incrimination, to jury, remanded for sentencing before a different judge… plain error review of claim of outrageous conduct by jailers declined… Owen affirmed, reversed. [Read more…]
Confrontation, witness testimony from Washington
CONFRONTATION: Witness to Defendant’s presence in garage properly allowed to testify via video from Washington… Seeley affirmed. [Read more…]
Postconviction, SIWC Defendant, untimely, unmeritorious
POSTCONVICTION claims of SIWC Defendant properly rejected as untimely and also on the merits… Best affirmed (memorandum). [Read more…]
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