Constitutional law — Sixth Amendment

Posted May 5, 2020 9:29 AM

Where the defendant is not provided the opportunity to be present when video evidence against her is being viewed, her Sixth Amendment rights have been violated and may lead to a cascading impact on other fundamental rights such as the right to testify in her own defense.The 1st District Appellate Court reversed and remanded a decision from Cook County Associate Judge Matthew J. Carmody.Nancy Lucas was arrested by Oak Lawn police Sgt. Edward Clancy and charged with misdemeanor battery, misdemeanor resisting a peace officer …

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Criminal law — void ab initio conviction

Where defendant pleads guilty due to the threat of being impeached by a prior conviction later found void ab initio and is sentenced based on the same conviction, he has suffered a constitutional violation.
Family law — adult disabled child support

Where a parent petitions for adult disabled child support, it may do so after the child has reached the age of majority if the child is not emancipated and the disability arose as a minor.
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Where plaintiffs’ complaint contained one claim and multiple legal theories, defendants could not justify remand on the basis that one legal theory alleged violation of federal law.
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