Court Filings

The appellate court reviewed a foreclosure action by Associated Bank against defendants including John Morrison. The court held that a 1995 quitclaim deed conveyed immediate title to Morrison and his siblings as tenants in common while reserving a life estate to the grantor, Rosa McShan. Because McShan had the authority to encumber only her life estate, the 2007 mortgage only attached to that life estate and was extinguished on her death. The court reversed the trial court’s grant of foreclosure and vacated related orders as to Morrison’s interest, but it affirmed denial of Morrison’s Consumer Fraud Act claim.

The Illinois Fourth District Appellate Court reversed the trial court’s denial of pretrial release for Toni R. Kelly, who was charged with multiple methamphetamine delivery offenses. The trial court found Kelly dangerous and concluded no conditions could mitigate the threat. The appellate court held the lower court erred because the State did not prove by clear and convincing evidence that no combination of conditions (for example, inpatient treatment followed by GPS/home confinement) could mitigate any danger. The case is remanded for the trial court to determine appropriate conditions of release.

The Illinois Appellate Court (Third District) answered two certified questions about the Biometric Information Privacy Act exemption for government contractors. The court held that the exemption does not require a contractor to work exclusively for a state agency or local government. However, the exemption applies only when the contractor’s challenged conduct occurred within the scope of the contractor’s governmental work—i.e., when the contractor was acting as a contractor for the government. The court therefore rejected a purely temporal reading that would exempt all conduct during the existence of a government contract.

The Illinois Appellate Court vacated the trial court's denial of plaintiff Mary Owens’ request to amend her timely post-judgment motion for a new trial after a jury verdict for a nursing home and an independent contractor nurse practitioner. The court held the trial court retained jurisdiction to consider amendments to a timely post-judgment motion until it actually denied that motion, and that the trial court erred by refusing to exercise discretion and instead concluding it lacked jurisdiction. Because that error prevented consideration of the amendment, the court vacated both the order denying leave to amend and the later denial of the new-trial motion, and remanded for the trial court to exercise its discretion.

The Illinois Appellate Court (3rd District) answered a certified question about whether a litigant granted a full fee waiver under Illinois Supreme Court Rule 298 is also entitled to a waiver of court reporter transcript costs. The court held that Rule 298 incorporates the waiver terms of 735 ILCS 5/5-105(a)(1), and following the Second District’s reasoning in In re Marriage of Main, concluded that transcript costs necessary for an appeal fall within the waivable "fees, costs, and charges." The case is remanded for the trial court to identify which transcripts are necessary and to provide them to the appellant without charge.

The Illinois Appellate Court affirmed the Cook County circuit court’s dismissal with prejudice of United Equitable Insurance Company’s 2022 declaratory judgment complaint. UEIC sought a declaration it owed no coverage beyond a $25,000 policy limit and that it breached no duties to its insured; Walker moved to dismiss arguing res judicata and lack of an actual controversy. The court held the policy limit was undisputed and that UEIC improperly sought retrospective clearance from liability for alleged past bad-faith conduct—matters properly litigated in Walker’s separate bad-faith lawsuit—so there was no justiciable controversy for a declaratory judgment.

The appellate court upheld the trial court’s finding that 11-year-old K.W. was neglected by his sole custodial parent, M.W., because K.W. suffered physical injuries (including a black eye) while in M.W.’s care and was exposed to an injurious home environment. The court also affirmed the dispositional order making K.W. a ward of the court and setting a 12‑month reunification goal, based largely on M.W.’s refusal to complete a court‑ordered substance abuse assessment despite admissions of recent drinking and past substance abuse and his failure to obtain timely physical and mental health care for K.W. The court credited school and DCFS testimony and found the rulings were not against the manifest weight of the evidence.

The Illinois Appellate Court reversed in part, affirmed in part, and remanded after reviewing Brandon Johnson’s motion for leave to file a successive postconviction petition. Johnson, convicted in 1995 of murder and related offenses, argued his petition showed actual innocence and satisfied the cause-and-prejudice standard for claims that police misconduct undermined identifications and that Brady violations occurred. The court found Johnson presented a colorable actual innocence claim and a colorable due-process claim based on evidence of a pattern and practice of detective misconduct that could have affected eyewitness identifications, so it reversed the denial and remanded for further proceedings. The court affirmed rejection of the Brady claim under controlling precedent.

The Illinois Fifth District Appellate Court affirmed Bryce Andrews’ convictions and sentence for the murders of his father and stepfather. Andrews challenged the trial court’s order requiring him to submit to a psychological examination by the State’s expert before a suppression hearing on whether his February 5, 2021 statements were voluntary. The court held the order was proper under 725 ILCS 5/115-6 because the facts and circumstances gave reasonable ground to believe a mental-status defense might be raised, and alternatively the court had inherent authority to manage evidentiary presentation. The court also found no prejudice from the examination.

The Appellate Court affirmed the Cook County circuit court’s termination of T.M.’s parental rights to her four children. The mother argued her right to counsel and due process were violated when her attorney’s late motion to withdraw was granted two days before trial and the court required her to proceed that day with the withdrawing lawyer acting as standby counsel. The court found the withdrawal violated Rule 13 but held there was no due process violation because standby counsel actively represented the mother, the mother had a history of noncooperation with counsel, and delay would have harmed the children. The court also found sufficient evidence that terminating parental rights served the children’s best interests given their stable placements, bond with caregivers, and wishes to be adopted.

The Illinois Appellate Court affirmed the trial court's order ordering the Will County Clerk to place Cesar Guerrero on the April 1, 2025 consolidated election ballot as the Democratic nominee for Joliet Township Supervisor. The Board of Elections had listed Guerrero on a ballot-forfeiture list because his campaign committee owed civil penalties, and the County Clerk removed his name. Guerrero paid the fines on January 29, 2025, was renominated to fill the vacancy in early February, and the court held that the Election Code did not bar ballot placement once the penalties were paid and that the vacancy-filling complied with timing rules. The court also affirmed summary judgment for the County Clerk on Guerrero’s statutory civil-rights claim because the record lacked evidence of willful and wanton conduct.

The appellate court reviewed a dismissal under section 2-619 of the Code of Civil Procedure of negligence claims filed by Samantha Allumi on behalf of her son Chase after he fell from an inflatable slide at a school field day. The trial court dismissed the negligence claims against the school district, board, and the parent organization (SHSO) as immune under the Local Governmental and Governmental Employees Tort Immunity Act. The appellate court affirmed dismissal as to negligence allegations that amounted to failures of supervision, but reversed as to specific pre-activity failures to guard or warn (including failure to provide safety equipment, notify parents, ensure medical clearance, and provide a safe slide) and remanded for further proceedings, including a determination whether the activity was a "hazardous recreational activity." The court also held SHSO qualifies as a local public entity under the Act.

The Illinois Appellate Court reversed a trial court’s order detaining defendant Quadajah Johnson pending trial on six first-degree murder counts under the Pretrial Fairness Act and remanded for the trial court to set conditions of release. The panel majority found the State failed to show by clear and convincing evidence that Johnson posed a continuing, unmitigable danger to any person or the community. The court emphasized her limited nonviolent criminal history, cooperation with police, a prior protective order against the victim, her pregnancy, and the prospect that conditions (including a firearms ban) could mitigate risk. A dissent would have affirmed detention.

The Illinois Appellate Court reversed the circuit court’s denial of leave to file a successive postconviction petition by Angel Navarro and remanded for second-stage proceedings. Navarro had been convicted of first-degree murder in 2004 based primarily on three eyewitness identifications and police testimony; he later obtained Chicago Police Department records via FOIA that included officer Meer’s professional complaints. The court held Navarro’s petition raised newly discovered, noncumulative evidence that could materially affect officer credibility and thus created a colorable claim of actual innocence. The court declined to reassign the case sua sponte on remand.

The Illinois Appellate Court affirmed the trial court’s denial of the dealership’s motion to dismiss and compel arbitration. Plaintiff Berman sued Napleton for charging and not providing a rust- and stain-prevention product and signed two separate arbitration agreements during purchase: the Retail Installment Contract (RIC) and a Dispute Resolution Agreement (DRA). The court held the two agreements contain irreconcilable, material conflicts—about the arbitration forum, who decides whether a dispute is arbitrable, and allocation of arbitration fees—so no enforceable arbitration agreement exists as to Napleton’s effort to compel arbitration.

The Illinois Fourth District Appellate Court affirmed the trial court’s denial of Charles F. Watts’s postconviction petition after a third-stage evidentiary hearing. Watts argued he made a substantial showing of actual innocence, that trial counsel was ineffective for not calling an alibi witness (Terrance Linear), and that postconviction counsel failed to comply with Rule 651(c). The court held the petition was decided after a third-stage hearing, rejected the actual-innocence claim as forfeited for lack of a proper third-stage argument, found no Strickland error because counsel’s choice not to call Linear could be strategic in light of surveillance video, and determined Rule 651(c) claims about second-stage pleading are moot once a claim receives a full evidentiary hearing.

The Illinois Appellate Court affirmed the dismissal with prejudice of Brittany Colatorti’s amended complaint seeking a declaration that Darby Hills’s appointment to a vacant state senate seat was invalid. Colatorti argued the committee failed to give statutorily required notice and that Hills was not a member of the Republican Party at relevant times. The court held the statute requires only that the appointee be a member of the party at the time of appointment; Hills became a precinct committeeperson before her February 28, 2025 appointment and therefore qualified. The complaint was legally insufficient and properly dismissed.

A Wayne County jury convicted Brodey I. Murbarger of first-degree murder for the death of Megan Nichols; the court sentenced him to a 50-year term with 3 years of mandatory supervised release. On appeal Murbarger argued the court erred by denying a change of venue and funding for a phone-survey expert, that he was entitled to a Miller/Harris-type hearing because he was a young adult at the time of the crime, and that multiple murder convictions violated the one-act, one-crime rule. The appellate court affirmed the conviction and most rulings, held the venue and expert denials were not an abuse of discretion, declined to grant a Miller-type remedy on direct appeal, but vacated two duplicate murder convictions and ordered the mittimus corrected.

The appellate court affirmed the Cook County circuit court’s dismissal of Neighbors Against a Marijuana Dispensary (NAMD)’s administrative-review complaint challenging the Chicago Zoning Board of Appeals’ grant of a special use permit to MariGrow to operate a cannabis dispensary. The court held NAMD lacked statutory standing because it failed to show any member owned property within 250 feet, had not entered an appearance and objected at the Board hearing, and the membership evidence NAMD sought to add was outside the administrative record. The court also found no due-process or equal-protection violation and upheld denial of NAMD’s untimely motion to amend.

The appellate court reversed the trial court’s denial of leave to file a successive postconviction petition and remanded for a new sentencing hearing. Valladares had earlier vacated a 2007 aggravated unlawful use of a weapon (AUUW) conviction as void under Aguilar, and he argued the sentencing court relied on that prior conviction when imposing a 70-year sentence for a 2009 murder conviction. The court held Valladares established cause because, when he filed his first postconviction petition in 2014, controlling caselaw prevented him from raising the vacatur claim, and he established prejudice because the sentencing record shows the court and prosecution relied on the void conviction.

The Illinois Appellate Court reversed a trial-court denial of Chancellor Aaron’s successive postconviction petition and ordered a new trial. Aaron had been convicted of first-degree murder in 2005 based largely on eyewitness testimony from Daniel Wesley. On remand the court found Wesley’s posttrial recantation and corroborating statements (including a 2017 affidavit and a 2018 State investigative report confirming the affidavit) were new, material, and sufficiently conclusive to undermine confidence in the guilty verdict. Because there was no physical evidence and the State’s case rested on witness testimony that later changed, the court concluded a retrial was warranted.

A jury in McLean County convicted Kevon Moon of first-degree murder, attempted murder, and obstructing justice based on circumstantial evidence tying him and co-defendant James to firearms and conduct surrounding an October 12, 2020 shooting. On appeal Moon argued (1) ineffective assistance for not objecting when the State impeached its own witness with prior recorded inconsistent statements, (2) that a video showing him rapping and dancing with a firearm was unduly prejudicial, and (3) it was error to allow a lead detective to sit at the State’s counsel table. The appellate court affirmed, finding the recorded statements were admissible as substantive evidence, the video was relevant and not unfairly prejudicial, and the court properly exercised its discretion to permit the detective at counsel table.

The appellate court reviewed Michael Southall’s convictions for attempted residential arson and related domestic-violence offenses. Southall argued the Will County Sheriff’s Office violated his due process rights and Supreme Court Rule 412 by destroying a seized Kingsford charcoal lighter fluid container, and that the evidence was insufficient to prove intent or a substantial step toward arson. The court held the destruction did not violate due process because it was routine, not shown to be in bad faith, and the missing item was not shown to be clearly exculpatory. The court affirmed the arson and aggravated battery convictions but vacated two domestic-battery convictions under the one-act, one-crime rule.

The appellate court reversed orders detaining Kevin Bagby pending a probation-violation hearing. Bagby had been placed on mental-health probation after a retail-theft conviction, and the State later filed a violation petition based on a newly charged retail-theft offense. The court held that because the new retail-theft charge is not a detainable offense under Illinois’s Pretrial Fairness Act (it is a probationable, nonforcible felony that does not carry mandatory imprisonment), Bagby was entitled to pretrial release pending the violation hearing. The case is remanded for a hearing to set appropriate release conditions.

The appellate court affirmed the Illinois Department of Human Services’ decision requiring Kenwood-Oakland Community Organization (KOCO) to repay $451,198 in grant funds. KOCO had challenged IDHS’s recovery determination after administrative and circuit-court review, arguing it properly spent the grants and that IDHS denied due process and changed its basis for recovery. The court held KOCO failed to rebut the statutory presumption favoring recovery because it did not produce adequate accounting records—most critically, KOCO refused to provide its general ledger—so IDHS permissibly sought recovery under the Grant Funds Recovery Act and related regulations.