Civil procedure — remand

Posted April 16, 2024 11:41 AM

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.The 7th U.S. Circuit Court of Appeals affirmed a decision by Judge Steven C. Seeger, Northern District of Illinois.On July 4, 2022, Robert Eugene Crimo III opened fire on a parade in Highland Park, Illinois. Crimp used a Smith & Wesson M&P15 rifle to fire 83 bullets into the crowd, killing seven people and wounding 48 others. The M& …

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Civil procedure — revocation of pretrial release

Where defendant seeks review of the circuit court’s decision revoking his pretrial release, any appeal is reviewed for abuse of discretion.
Criminal law — felon-in-possession

Where felon’s conviction for possessing firearm and ammunition was supported by evidence recovered from motel room that felon had abandoned, sufficient evidence existed to support convictions.
Criminal procedure — revocation of probation

Where defendant is charged with a criminal offense while on probation, his probation may be revoked and he is not eligible for pretrial release.
Probate — statute of limitations

Where a party seeks its right as a putative spouse against a decedent’s estate, it must file within two years of the death or the petition is untimely.
Criminal procedure — plea agreement

Where district court rejected binding plea agreement, court did not abuse its discretion or improperly insert itself into plea agreement negotiations.
Criminal procedure — waiver of counsel

Where defendant waives his right to counsel, the court must provide admonishments under Illinois Supreme Court Rule 401(a) at that point in time, prior admonishments do not suffice.
Jail — suicide

Where detainee told jail officers he was not considering suicide, and jail took precautions to frequently observe detainee for unusual behavior, detainee’s suicide did not render jail’s precautions constitutionally inadequate.
Civil procedure — additur

Where a court agreed to alter a jury award under additur as inconsistent with the verdict, the court must either obtain the defendant’s consent or initiate a new trial on damages.