Criminal law — sentencing

Posted November 12, 2020 11:39 AM

Where the trial court adequately considers all factors in aggravation and mitigation and sentences the defendant within statutory parameters, the trial court possibly considering an element of the offense during sentencing is not sufficient grounds for resentencing.The 1st District Appellate Court affirmed the decision of Cook County Circuit Judge Mauricio Araujo.Eddie Williams was approached on March 17, 2016 by several Chicago police officers who stated they witnessed him standing alone on the street yelling “blows blows …

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Torts — proximate cause

Where plaintiff is injured when a person crashes their car into a business plaintiff is patronizing, the incident may be foreseeable and does not preclude proximate cause by the business.
Sentencing — application note

Where court declined to revisit precedent deferring to application note’s interpretation of provision of Sentencing Guidelines.
Criminal procedure — denial of sentencing credit

Where defendant petitions seeking sentencing credit and the petition is denied, the denial is not a final or appealable order and the appellate court lacks jurisdiction to consider it.
Family law — dissolution of marriage proceedings

Where a party in an ongoing dissolution of marriage proceedings is ordered to pay attorney fees for a related probate proceeding, that order is not final and appealable.
Sentencing — conspiracy

Where government could prove defendant joined smaller conspiracy than what was alleged in the indictment, conviction was affirmed.
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.
Civil procedure — remand

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.