Following a jury trial in which defendant Roderick Allen represented himself pro se, defendant was found guilty of first-degree murder and home invasion and was sentenced to consecutive 60-year and 25-year terms of imprisonment, respectively. On appeal, defendant contends: (1) the cause must be remanded for a hearing pursuant to Batson v. Kentucky, 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712 (1986); (2) he was not mentally competent to represent himself pro se pursuant to Indiana v. Edwards,...  

On October 23, 2008, the trial court granted the State's motion for change of placement of the minor, M.P., from the foster home of respondents, Debra P. and Darold P. Respondents filed a motion to intervene, which was denied. Respondents then filed a motion to reconsider the denial of the motion to intervene and vacate the change of placement order, pursuant to section 2-1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1401 (West 2008)). Respondents argued that the change of placement...  

On December 6, 2004, plaintiffs, both individually and on behalf of their minor child, brought a medical malpractice action against defendants. A jury returned a verdict in favor of defendants on January 16, 2009. On appeal, plaintiffs claim that the trial court incorrectly denied their motion for mistrial. Further, plaintiffs assert the trial court erred as to certain evidentiary matters during trial... FACTS... On December 6, 2004, plaintiffs filed a two-count complaint against defendants...  

Plaintiff, Charles Davis, appeals the trial court's summary judgment ruling in favor of defendant, Material Handling Associates, Inc., and its denial of leave to file a fourth amended complaint. We reverse and remand for further proceedings... FACTS... On February 13, 2003, plaintiff was working at the Cat Logistics Services, Inc. (Cat Logistics), facility in Joliet, Illinois. Plaintiff was using a Caterpillar brand "order picker," which is an electric product that allows workers to be...  

This appeal arises from a dispute involving the plaintiff trustee Bank of America, N.A., the defendant income beneficiaries, and the defendant remainder beneficiaries concerning the termination date of a trust established by the will of the deceased, Hartley Harper. On cross-motions for summary judgment, the trial court granted summary judgment in favor of the remainder beneficiaries, ruling that the will should be read to require termination of the trust in 2013. The trial court also granted...  

This cause of action arose out of a food poisoning incident suffered by plaintiff Nancy Lorenzo (Lorenzo) on March 28, 2006, while at Reza's Restaurant, located at 40 North Tower Road, Oak Brook, Illinois (Reza's Oak Brook). Defendant Capitol Indemnity Corporation (Capitol) refused to defend Persian Foods Inc., d/b/a Reza's Restaurant (Persian Foods) in Lorenzo's original suit against Persian Foods, and the trial court entered a default judgment in favor of Lorenzo. Thereafter, Lorenzo,...  

Plaintiff Charlotte Pankros filed a complaint against defendants Fred Tyler (Tyler) and Ricky Dahms (Dahms), in the circuit court of Cook County alleging a civil violation of the Federal Racketeer Influenced and Corrupt Organizations Act (RICO) (18 U.S.C. §§ 1961 through 1968 (2006)). Defendants filed a motion to dismiss plaintiff's complaint pursuant to section 26-15 of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2008)). Defendants argued that their conduct...  

Plaintiff, Peregrine Financial Group, Inc., appeals a trial court order dismissing as time-barred a complaint to confirm an arbitration award against defendants Futronix Trading, Ltd., and Michael Forest Payne. At issue is plaintiff's argument that there is no statute of limitation in Illinois applicable to actions to confirm an arbitration award. We believe the five-year statute of limitation under section 13-205 of the Code of Civil Procedure (Code) (735 ILCS 5/13-205 (West 2008)) applies. We...  

Following a jury trial, defendant, Marlon Johnson, was convicted of aggravated kidnaping (720 ILCS 5/10-2(a)(5) (West 2002)) and aggravated criminal sexual assault (720 ILCS 5/12-14(a)(1) (West 2004)). The trial court imposed consecutive sentences of 8½ years' imprisonment on the aggravated kidnaping conviction and 10 years' imprisonment on the aggravated criminal sexual assault conviction. Defendant subsequently filed a pro se postconviction petition alleging violations of his...  

After a jury trial, defendant Priest Willis was convicted of delivery of less than one gram of heroin within 1,000 feet of a school. The trial court sentenced defendant, based on prior criminal history, as a Class X offender to eight years' imprisonment. On appeal, defendant does not contest the sufficiency of the evidence to sustain his conviction, but contends that: (1) the trial court's failure to strictly comply with Supreme Court Rule 431(b) (Official Reports Advance Sheet No. 8 (April 11,...  

In October 2007, a jury convicted defendant, Ahmed A. Yusuf, of armed robbery (720 ILCS 5/18-2(a)(2) (West 2006)). In December 2007, the trial court sentenced him to seven years' imprisonment. Defendant appealed, arguing the court erred in failing to question the jurors during voir dire in compliance with Illinois Supreme Court Rule 431(b) (Official Reports Advance Sheet No. 8 (April 11, 2007), R. 431(b), eff. May 1, 2007) regarding the jurors' understanding of the four basic constitutional...  

In this appeal, plaintiffs challenge the state's retention of interest earned on property held by the state pursuant to section 15 of the Uniform Disposition of Unclaimed Property Act (765 ILCS 1025/15 (West 2004)). In proceedings below, the circuit court of Cook County denied the defendants' motion to dismiss plaintiffs' amended complaint, which sought recovery of interest on plaintiff's property (money) previously held by the state under the Act; however, the circuit court certified...  

In these consolidated appeals, we consider the validity of an automobile policy exclusion that precludes liability coverage when the person using the vehicle does not have a "reasonable belief" that he or she is "entitled" to do so. In each of the six underlying cases, the trial court ruled that the coverage exclusion was applicable to a driver who did not have a valid license. The appellate court, however, held that the coverage exclusion is ambiguous, and reversed the trial...  

In this insurance coverage dispute, we are asked to determine whether the duty to defend the insured may be triggered by allegations of self-defense in the insured's counterclaim filed in response to an underlying lawsuit alleging the insured's intentional acts, where the policy contains both an exclusion for intentional acts and a self-defense exception to that exclusion. For the reasons which follow, we hold that the duty to defend is triggered... BACKGROUND... This case has its origins in a...  

In their judgment for dissolution of marriage, Susan Lynn Baumgartner (Susan) and Craig Baumgartner (Craig) agreed to contribute to the postsecondary education expenses of their son, Maxwell Baumgartner (Max). The circuit court of Cook County terminated Craig's obligation to contribute to Max's postsecondary education expenses. A divided panel of the appellate court reversed the order of the circuit court. 393 Ill. App. 3d 297. This court allowed Craig's petition for leave to appeal. 210 Ill....  

Following a bench trial, defendant Zlatan Sucic was convicted of cyberstalking, harassment through electronic communication, and stalking. Defendant was sentenced to concurrent terms of three years in prison for each count. On appeal, defendant contends that: (1) the cyberstalking statute (720 ILCS 5/2-7.5(a)(1) (West 2008)) violated his first amendment right to free speech and is unconstitutionally overbroad and vague; (2) his convictions for cyberstalking and harassment through electronic...  

On July 23, 2008, the trial court entered against defendant, Alisha D. Vandervere, a default in favor of plaintiff, Michelle D. Jacobo, on her complaint related to damages incurred in an automobile accident. On August 6, 2008, the court held a proveup hearing on plaintiff's damages and entered a default judgment in the amount of $10,219. On August 26, 2008, defendant moved pursuant to section 2-1301(e) of the Code of Civil Procedure (Code) (735 ILCS 5/2-1301(e) (West 2006)) to vacate the...  

Plaintiff, Kelly Peters, as the mother and next friend of Gene Peters, a minor, filed a personal injury lawsuit in the circuit court of Williamson County against defendants—Herrin Community School District No. 4 (School District), the Board of Education of Herrin Community School District No. 4, Mark Collins, who is the superintendent of the School District, and Jason Karnes, Robert Karnes, Dwayne Summers, Robert Long, and D avid Loucks, who are football coaches for the School...  

The plaintiff, an inmate at Centralia Correctional Center, appeals from the March 20, 2008, order of the circuit court of Clinton County dismissing his petition for common-law certiorari relief from a Court of Claims order dismissing his medical malpractice claim against the State and the Illinois Department of Corrections (Department). The plaintiff seeks the reversal of the circuit court's dismissal of his petition. For the following reasons, we reverse the judgment of the circuit court and...  

This appeal arises from the trial court's grant of partial summary judgment on April 9, 2009, in favor of plaintiffs, Juliet DiIorio, Suzanne Ridenour, Dan McNamara and Mary Guth, and against defendant, Carl Sandburg Village No. 7 Condominium Association (Association), finding that improvements to limited common elements shall be assessed only to the unit owners who benefit from such improvements. Subsequently, on June 19, 2009, the trial court entered a second order, denying the Association's...