The defendant was convicted of selling unregistered securities and sentenced to 14 months in prison and $241,630.95 in restitution. Defendant appealed the judgment. He then went to Australia. He did not return and showed no interest in doing so. On the government’s motion, the court of appeals dismissed the appeal […]
The defendant sought to appeal his conviction after pleading guilty to aggravating driving under the influence on the basis of double jeopardy because judgment had already been entered upon a bond forfeiture and the Illinois Vehicle Code provides that a bond forfeiture equates to a conviction of the underlying offense. […]
This case is interesting not so much for the appellate procedure aspects, but for its delineation of the differences between several types of dispositive motions. A 735 ILCS 5/2-615(a) motion says “So what? The facts the plaintiff has pleaded do not state a cause of action against me.” A 735 […]
After oral argument on a appeal from judicial approval of a class action settlement, the appellants asked the court of appeals to dismiss the appeal pursuant to Fed. R. App. P. 42(b). Because the litigation was a class action, the circuit court was concerned that the settlement might adversely affect […]
The Illinois Post-Conviction Hearing Act requires that a petitioner file his petition within three years after the date of his conviction. But the Act also contains a “special safety valve” that allows a petitioner to file an untimely postconviction petition if he or she alleges facts showing that the delay […]
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