Illinois appellate courts

20 opinions this month · page 3
Tuesday, August 11, 2026 2 opinions
2026 IL App (3d) 240680 No. 2026 IL App (3d) 240680

People v. Ressa

Rule 23 Criminal Criminal Procedure

  • Post-trial fitness affidavits and expert reports predating trial fail to raise bona fide doubt of fitness, defeating Strickland prejudice.
  • Additional expert testimony at sentencing is not required where existing expert testimony already covers the same mitigating themes.
  • Useful for postconviction and criminal appellate attorneys litigating ineffective assistance claims involving fitness or sentencing mitigation evidence.
Full summary → PDF ↗
Monday, August 10, 2026 8 opinions
2026 IL App (3d) 250482 No. 2026 IL App (3d) 250482

In re Marriage of Tompkins

Rule 23 Civil Family Law

  • Events expressly contemplated and priced into a detailed MSA maintenance formula cannot later constitute a 'substantial change in circumstances.'
  • Voluntary lifestyle reductions and modest medical cost increases, unlinked to actual need or ability-to-pay allegations, fail to state a maintenance modification claim.
  • Useful for family law attorneys drafting or litigating maintenance modification petitions involving high-income payors and detailed MSA income-bracket formulas.
Full summary → PDF ↗
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
Full summary → PDF ↗
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.
Full summary → PDF ↗
2026 IL App (2d) 260123 No. 2026 IL App (2d) 260123

In re M.K.

Rule 23 Civil Family Law

  • Rule 213 disclosure is satisfied where the opposing party already possesses the witness's name, contact information, and reports detailing the substance of anticipated testimony.
  • Arguments not supported by cited authority, such as claiming discovery obligations differ between the unfitness and best-interest phases of termination proceedings, are forfeited on appeal.
  • Useful for family law and child welfare attorneys litigating discovery disputes and Rule 213 compliance in parental termination and best-interest hearings.
Full summary → PDF ↗
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.
Full summary → PDF ↗
2026 IL App (1st) 261460 No. 2026 IL App (1st) 261460

Paris v. Chicago Transit Authority

Rule 23 Civil Property Law

  • Public ownership of land alone does not defeat adverse possession; only actual public use of the specific parcel bars the 20-year prescriptive period.
  • A TRO restraining removal of vehicles/structures on disputed land can satisfy section 11-101's specificity requirement via addresses, legal descriptions, and exhibits.
  • Useful for real estate and municipal litigators handling adverse possession claims against transit authorities or other public entities over underused public land.
Full summary → PDF ↗
2026 IL App (5th) 260234 No. 2026 IL App (5th) 260234

In re S.

Rule 23 Civil Family Law

  • Reasonable progress under 750 ILCS 50/1(D)(m)(ii) is measured objectively, ignoring personal excuses like homelessness or scheduling conflicts.
  • Unresolved housing that blocks required hands-on parenting services and continued residence with a domestic violence victim support unfitness findings.
  • Useful for family law and child welfare attorneys handling termination of parental rights appeals involving reasonable progress and best-interest challenges.
Full summary → PDF ↗
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.
Full summary → PDF ↗
Friday, August 7, 2026 10 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.
Full summary → PDF ↗
2026 IL App (5th) 260218 No. 2026 IL App (5th) 260218

In re Harley D.

Rule 23 Civil Family Law

  • Appellate court affirms neglect finding where both parents knowingly and voluntarily stipulated to substance abuse allegations and factual basis.
  • Wardship and DCFS custody upheld where minor's mental health needs and parents' insufficiently demonstrated sobriety justified placement over parental custody.
  • Useful for family law and juvenile dependency practitioners handling Anders-type appeals in neglect, wardship, and parental unfitness proceedings.
Full summary → PDF ↗
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.
Full summary → PDF ↗
2026 IL App (5th) 241001 No. 2026 IL App (5th) 241001

Dorman v. Madison County

Rule 23 Civil Civil Procedure

  • Appellate court liberally construes notices of appeal, allowing review of orders not precisely dated when procedural progression to final judgment is clear.
  • Fourth successive lawsuit against Madison County dismissed as improper claim splitting because all suits arose from the same operative facts.
  • Useful for civil litigators handling res judicata/claim-splitting defenses and appellate practitioners navigating notice of appeal specificity requirements under Rule 303(b)(2).
Full summary → PDF ↗
2026 IL App (3d) 250070 No. 2026 IL App (3d) 250070

Village of Bolingbrook v. Illinois Commerce Commission

Rule 23 Civil Administrative Law

  • Arguments not fairly raised in a rehearing application before the ICC are forfeited on appeal, with no discretion to excuse noncompliance.
  • Public comments and unaffordability claims alone do not render Commission-approved utility rates unjust, unreasonable, or unlawful under the Public Utilities Act.
  • Useful for utility/administrative law attorneys challenging ICC rate orders or briefing forfeiture and substantial-evidence standards on appellate review.
Full summary → PDF ↗
2026 IL App (5th) 241003 No. 2026 IL App (5th) 241003

Dorman v. Madison County

Rule 23 Civil Civil Procedure

  • Refiled Tort Immunity Act claims filed nearly three years post-termination were untimely; continuing violation doctrine did not toll the one-year limitations period.
  • Illinois Savings Statute saved claims only against a defendant dismissed federally for failure to serve/prosecute, not those dismissed for failure to state a claim.
  • Useful for municipal/government litigators and civil defense counsel handling refiled suits, claim-splitting, tort immunity limitations, and Court of Claims jurisdictional defenses.
Full summary → PDF ↗
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
Full summary → PDF ↗
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.
Full summary → PDF ↗
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.
Full summary → PDF ↗
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.
Full summary → PDF ↗