Monthly Archives: October 2009

Car Search Unconstitutional Although Defendant Arrested Five Feet Away

Following a traffic stop, Lavar Bridgewater was less than cooperative with the police. He walked away from the car into a store, then out of the store refusing to give the officers his license and proof of insurance because “he had done nothing wrong.”  Bridgewater refused to remove his hands from his pockets or put them […]

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Celebrating Bernie Sarley’s Rise to the Bench

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Six Grade 2s Posted for 26th St

On 10/26/09, the office posted for six grade 2 positions at 26th street.  The posting closes on 11/13/09.

Posted in In The News | Comments closed


The office has posted 21 opportunities for transfer and promotion at various work sites in the office.  The posting went up on 10/23/09 and closes on 11/09/09.  Please locate the posting at your work site for more information on  how and where to apply and the job requirements.  There is no gaurantee that each of […]

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17 Bags of Cocaine Don’t Show an Intent to Deliver

Jovan Sherrod was stopped in a stolen car and arrested.  At the police station, a custodial search of his person revealed $35 and a plastic bag containing 17 baggies of cocaine weighing 1.8 grams.  A jury convicted defendant of Possession of Controlled Substance with Intent to Deliver.  Our Appellate Court, by Justice Murphy, reversed the intent to deliver element finding […]

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Independent Basis for Commitment to DCFS Under the amended Section 2-27 of JCA

In re S.D., No 1-09-0100 Prior to June 1, 2008, section 2-27(l)(d) of the JCA stated that “A minor charged with a criminal offense under the Criminal Code of 1961 or adjudicated delinquent shall not be placed in the custody or committed to the Department of Children and Family Services by any court.”  The language of the […]

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Mark Your Calendars

Sisters and Brothers, I have a few things to mention in this update that will require you to make good use of your calendars. Holiday Party First, we have a date for our annual Holiday Party.  The party will take place, once again, at Moretti’s on Jackson.  The date is Friday, December 11, 2009. Needless to […]

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In a unanimous decision by JUSTICE BURKE our Supreme Court has ruled that for purpose of the UUW statute [24-1.6(c)(iii)] there is no requirement that a “case” must be specific to a firearm or be portable. (The trial judge’s had denied a defense jury instruction based on the language of the statute and denied the defense the right […]

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Use Immunity and the Co-Defendant You Never Thought Would Hit the Stand

People v. Ousley, 9/24/09 –  A trial court must grant a State motion to allow “use immunity” that compels a co-defendant to testify against defendant pursuant to 725 ILCS 5/106-2.5(b). In this case, the State’s motion stated that if the co-defendant testified inconsistently with his videotaped statement, the State planned to introduce that videotaped statement as […]

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