Illinois appellate courts

20 opinions this month · page 2 Criminal

Monday, August 10, 2026 4 opinions

2026 IL App (2d) 250208 No. 2026 IL App (2d) 250208

People v. Suane

Rule 23 Criminal Criminal Procedure

Sentencing courts may draw reasonable inferences from evidence, including causation of injuries, if supported by factual antecedents in the record
Even an improper aggravating factor won't require resentencing if the record shows it carried insignificant weight compared to proper factors
Useful for criminal defense and appellate attorneys challenging sentencing decisions based on alleged improper aggravating factors or seeking remand for resentencing

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2026 IL App (3d) 250218 No. 2026 IL App (3d) 250218

People v. Stewart

Opinion Criminal Violent Crimes

Prior reckless discharge of a firearm conviction is not automatically a forcible felony; State must prove defendant contemplated or was willing to use force.
Police report facts not stipulated to or proven through testimony are inadmissible hearsay and cannot establish a forcible felony predicate.
Useful for criminal defense and appellate attorneys litigating AHC/UPWF predicate offenses, hearsay objections, presentence credit, and merged-count sentencing issues.

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2026 IL App (5th) 240302 No. 2026 IL App (5th) 240302

People v. Burgund

Rule 23 Criminal Criminal Procedure

Section 122-2 requires witness affidavits (not the defendant's own) or a particularized explanation for their absence, or dismissal is warranted.
General claims that incarceration made evidence-gathering difficult do not excuse the failure to attach specific missing witness affidavits.
Useful for criminal defense and postconviction practitioners drafting or defending first-stage pro se petitions alleging failure to call witnesses.

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2026 IL App (1st) 250285 No. 2026 IL App (1st) 250285

People v. Hearring

Rule 23 Criminal Criminal Procedure

Codefendant affidavits obtained after their guilty pleas became final are not newly discovered evidence for actual-innocence claims.
A guilty plea waives the Fifth Amendment privilege once the 30-day withdrawal period expires, making prior codefendant testimony available earlier.
Useful for criminal defense and postconviction attorneys evaluating successive petitions based on codefendant affidavits or delayed exculpatory testimony.

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Friday, August 7, 2026 11 opinions

2026 IL App (4th) 260038 No. 2026 IL App (4th) 260038

In re Complaint for Search Warrant

Rule 23 Criminal Criminal Procedure

Fourth District holds search warrant proceedings are criminal cases, not civil, even absent a named defendant.
Nonparty who never sought or obtained leave to intervene lacks standing to file motions or appeal in a search warrant case.
Useful for criminal defense and media/First Amendment attorneys seeking to challenge or access sealed search warrant materials without being a named party.

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2026 IL App (1st) 260767 No. 2026 IL App (1st) 260767

People v. Newbern

Rule 23 Criminal Criminal Procedure

State need not refile a detention petition when a superseding indictment charges a new detainable offense arising from the same conduct.
Defendants who stand on their motion for relief on appeal must still present substantive argument or forfeit the claim.
Useful for criminal defense and prosecution attorneys litigating pretrial detention orders under Illinois's Pretrial Fairness Act, especially where charges change after the initial detention hearing.

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2026 IL App (1st) 241339 No. 2026 IL App (1st) 241339

People v. Ruth

Rule 23 Criminal General

New opinion from Rule 23
Case decided on 2026-08-07
See full opinion for details

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2026 IL App (1st) 240361 No. 2026 IL App (1st) 240361

People v. Riddle

Rule 23 Criminal Violent Crimes

Illinois appellate court holds unlawful restraint does not require physical contact between defendant and victim.
Detention element satisfied where defendant's threats and demands caused victim to flee and remain fearfully immobilized nearby.
Useful for criminal defense and prosecution attorneys litigating sufficiency-of-evidence challenges to unlawful restraint or related detention offenses.

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2026 IL App (1st) 250113 No. 2026 IL App (1st) 250113

People v. Drake

Rule 23 Criminal Violent Crimes

Within-range sentence for second degree murder triggers presumption of propriety, even absent prior criminal history.
Appellate court will not reweigh mitigating and aggravating factors when trial court affirmatively considered PSI and record evidence.
Useful for criminal defense and appellate attorneys challenging sentences as excessive despite strong mitigation evidence.

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2026 IL App (1st) 250485 No. 2026 IL App (1st) 250485

People v. Booker

Rule 23 Criminal Violent Crimes

IPI 6.05X misstates attempted first-degree murder's mens rea per Guy; instructional error meets plain error's second prong, requiring reversal.
Trial counsel wasn't ineffective for using longstanding IPI instruction later invalidated by a subsequent supreme court decision issued after trial.
Essential reading for criminal defense and appellate attorneys litigating self-defense instructions, plain error preservation, and second degree murder sentencing challenges.

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2025 IL App (1st) 242154 No. 2025 IL App (1st) 242154

People v. Carrasco

Rule 23 Criminal Violent Crimes

Defense counsel's repeated 'no objection' statements to substitute DNA analyst testimony constituted invited error, barring plain-error review.
Prior cross-examination at a pretrial reliability hearing satisfied confrontation clause requirements even after the witness later died by suicide.
Useful for criminal defense and appellate attorneys litigating confrontation clause challenges, hearsay scope in police testimony, and prosecutorial argument limits.

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2026 IL App (1st) 241048 No. 2026 IL App (1st) 241048

People v. Martin

Rule 23 Criminal DUI/Traffic

Necessity defense excuses only conduct needed to avoid imminent harm, not a separate ongoing statutory duty to report
Reporting an accident through counsel after the fact does not satisfy section 11-403's requirement that the driver forthwith report to police
Useful for criminal defense and traffic offense attorneys litigating leaving-the-scene charges and affirmative necessity defenses

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2026 IL App (1st) 241580 No. 2026 IL App (1st) 241580

People v. Ramirez

Opinion Criminal Violent Crimes

First District confirms a hand is not an 'object' under PCSA's contact-clause definition of sexual penetration, per Maggette.
Counsel's acquiescence to a misstatement of an essential element in jury instructions/closing argument constitutes ineffective assistance, even under invited error.
Essential reading for criminal defense and appellate attorneys handling PCSA/ACSAb cases involving jury instruction errors or Strickland claims.

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2026 IL App (1st) 250892 No. 2026 IL App (1st) 250892

Baughns v. God be Glorified, Inc

Rule 23 Criminal General

New opinion from Rule 23
Case decided on 2026-08-07
See full opinion for details

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2026 IL App (2d) 260199 No. 2026 IL App (2d) 260199

People v. Soukup

Rule 23 Criminal Criminal Procedure

Appellate court affirms revocation of pretrial release where defendant was charged with new felonies committed on two separate dates while released.
EHM and GPS monitoring deemed insufficient to prevent further offenses given defendant's demonstrated pattern of criminal conduct while on release.
Useful for criminal defense and prosecution attorneys litigating pretrial release revocation petitions under 725 ILCS 5/110-6(a).

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Wednesday, August 5, 2026 5 opinions

2026 IL App (4th) 250717 No. 2026 IL App (4th) 250717

People v. Dailing

Opinion Criminal Violent Crimes

Fourth District affirms sexual assault conviction, finding victim's testimony plus corroborating evidence sufficient to prove force and disprove consent.
Police detective's testimony about observed bruising was proper lay opinion under Rule 701, not improper expert testimony requiring qualification.
Useful for criminal defense and appellate attorneys litigating sufficiency-of-evidence challenges, lay vs. expert opinion testimony disputes, and sentencing forfeiture/ineffective assistance issues.

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2026 IL App (4th) 250087 No. 2026 IL App (4th) 250087

People v. Galmore

Rule 23 Criminal General

New opinion from Rule 23
Case decided on 2026-08-05
See full opinion for details

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2026 IL App (4th) 250572 No. 2026 IL App (4th) 250572

People v. Sparks

Rule 23 Criminal Criminal Procedure

Postconviction counsel need not attach outside evidentiary support if none exists; failure to identify what support was missing defeats a Rule 651(c) challenge
Strengthening and specifically alleging a pro se claim (rather than omitting it) satisfies Rule 651(c), distinguishing cases where counsel's amendments left claims procedurally barred
Useful for criminal defense and postconviction practitioners assessing whether appointed counsel's amendments adequately shaped a pro se petition under Rule 651(c)

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2026 IL App (4th) 250903 No. 2026 IL App (4th) 250903

People v. Haskins

Opinion Criminal Criminal Procedure

A stipulated bench trial is not tantamount to a guilty plea unless defendant stipulates the evidence suffices to convict.
Ineffective assistance claims not raised in the pro se postconviction petition cannot be raised for the first time on appeal.
Useful for criminal defense attorneys handling postconviction petitions involving stipulated bench trials or preserving suppression rulings on appeal.

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2026 IL App (1st) 260483 No. 2026 IL App (1st) 260483

People v. Palos

Rule 23 Criminal Criminal Procedure

Continued detention findings under section 110-6.1(i-5) require less than clear-and-convincing evidence; defendant must show new circumstances warranting release
Electronic home monitoring and curfew are insufficient to mitigate a firearm-related threat when defendant can commit offenses from his own residence
Useful for criminal defense and prosecution attorneys litigating pretrial detention petitions, Rule 604(h) motions, and challenges to continued detention standards

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