Illinois appellate courts

20 opinions this month · page 5
Tuesday, August 4, 2026 5 opinions
2026 IL App (3d) 250305 No. 2026 IL App (3d) 250305

People v. Kent

Opinion Criminal Violent Crimes

  • Home invasion statute requires only that the injured person, not the injury itself, be within the dwelling at unauthorized entry.
  • Pending attorney disciplinary proceedings naming the prosecutor as a witness do not automatically create a per se conflict of interest.
  • Useful for criminal defense and appellate attorneys litigating home invasion statutory interpretation or conflict-of-interest/ineffective-assistance claims.
Full summary → PDF ↗
2026 IL App (1st) 242413 No. 2026 IL App (1st) 242413

People v. Esquivel

Rule 23 Criminal General

  • New opinion from Rule 23
  • Case decided on 2026-08-04
  • See full opinion for details
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2026 IL App (1st) 242438 No. 2026 IL App (1st) 242438

People v. Lawson

Rule 23 Criminal Criminal Procedure

  • Trial counsel was ineffective for failing to preserve a challenge to sentencing based on an unsupported prior felony conviction.
  • Reliance on the State's bare assertion of a prior conviction, unsupported by evidence, constitutes reversible sentencing error.
  • Useful for criminal defense attorneys handling sentencing hearings, posttrial motions to reconsider, and ineffective assistance claims on appeal.
Full summary → PDF ↗
2026 IL App (1st) 250894 No. 2026 IL App (1st) 250894

Vasquez v. Aguilar

Rule 23 Civil Family Law

  • Trial courts must make express findings under section 214(c)(3) of the IDVA before entering a plenary order of protection, or it will be reversed.
  • A respondent may forgo immediate interlocutory appeal of an OP and instead appeal within 30 days of denial of a timely post-judgment motion.
  • Useful for family law and domestic relations attorneys litigating orders of protection, appellate jurisdiction/timing issues, and mootness in expired-OP appeals.
Full summary → PDF ↗
2026 IL App (1st) 250987 No. 2026 IL App (1st) 250987

People v. Aguilar

Rule 23 Criminal Violent Crimes

  • Sledgehammer/knife attack with severe facial injuries and repeated death threats sufficed to prove specific intent to kill.
  • Abandonment of criminal purpose after attempted murder elements are complete—like calling for help—does not negate intent to kill.
  • Useful for criminal defense and prosecution attorneys litigating sufficiency-of-evidence challenges to attempted murder convictions based on circumstantial intent.
Full summary → PDF ↗
Monday, August 3, 2026 7 opinions
2026 IL App (1st) 251327 No. 2026 IL App (1st) 251327

Guess v. Board of Trustees of the Dolton Police Pension Fund

Rule 23 Civil Administrative Law

  • Pension applicant need only show duty-related incident was a causative factor, not the sole or primary cause of disability.
  • Board's denial of line-of-duty benefits reversed as against manifest weight where its own psychiatrist found direct causation.
  • Useful for pension/disability benefits attorneys and administrative law practitioners challenging boards' causation findings under manifest-weight review.
Full summary → PDF ↗
2026 IL App (1st) 241897 No. 2026 IL App (1st) 241897

People v. Hill

Rule 23 Criminal Criminal Procedure

  • A trial court may aggravate a sentence based on defendant's position of trust/supervision, even where familial relationship is an offense element.
  • No contemporaneous objection is needed to preserve a claim that the court considered an improper aggravating sentencing factor—only a postsentencing motion.
  • Useful for criminal defense and appellate attorneys challenging sentences in sex offense cases involving family members or arguing double-enhancement errors.
Full summary → PDF ↗
2026 IL App (1st) 250809 No. 2026 IL App (1st) 250809

People v. Hernandez-Garcia

Rule 23 Criminal Violent Crimes

  • Within-range sentence exceeding pretrial plea offers is not automatically a 'trial tax' absent record proof of trial-related punishment
  • Disparity between plea offer (covering fewer counts) and post-trial sentence (covering all convicted counts) does not, standing alone, show impermissible trial tax
  • Useful for criminal defense and appellate attorneys challenging excessive sentences, trial tax claims, or related ineffective assistance arguments post-trial
Full summary → PDF ↗
2026 IL App (1st) 250474 No. 2026 IL App (1st) 250474

People v. Hatcher

Rule 23 Criminal Criminal Procedure

  • Counsel's incorrect advice that first- and second-degree murder carry similar sentences can support a substantial ineffective-assistance claim at second-stage postconviction review.
  • Proportionate penalties challenges based on young-adult neuroscience require defendant-specific evidence linking the science to his individual characteristics, not general studies alone.
  • Useful for criminal defense and postconviction practitioners litigating instruction-waiver strategy errors, young-adult sentencing challenges, and Rule 651(c) reasonable-assistance disputes.
Full summary → PDF ↗
2026 IL App (5th) 250374 No. 2026 IL App (5th) 250374

People v. Williams

Rule 23 Criminal Criminal Procedure

  • A valid initial waiver of counsel does not excuse the trial court's duty to re-inquire if defendant later signals he wants legal assistance.
  • Court held defendant's confusion about posttrial motions, combined with an earlier request for counsel, triggered a duty to re-admonish under the continuing waiver rule.
  • Useful for criminal defense and appellate attorneys handling pro se defendants, Rule 401(a) waivers, and right-to-counsel claims at posttrial/sentencing stages.
Full summary → PDF ↗
2026 IL App (1st) 250741 No. 2026 IL App (1st) 250741

Sprolls v. Chevrolet

Rule 23 Civil Contract Law

  • First District affirms dismissal of vehicle sale claims where no signed writing existed and dealer never accepted or deposited buyer's payment
  • Court holds part-performance exception to UCC Statute of Frauds requires actual acceptance of payment, not merely tendering certified checks
  • Useful for commercial litigators handling failed vehicle/goods sales, Statute of Frauds defenses, and consumer fraud pleading standards in dealer disputes
Full summary → PDF ↗
2026 IL App (1st) 231821 No. 2026 IL App (1st) 231821

People v. Coleman

Rule 23 Criminal Juvenile Law

  • Trial court's explicit statement that it weighed the victim's death in aggravation constitutes impermissible double enhancement requiring resentencing.
  • Absent a clear record showing negligible weight given to an improper aggravating factor, the error is not harmless and warrants remand.
  • Useful for criminal defense and juvenile sentencing attorneys challenging aggravation findings at Miller resentencing hearings or original sentencing proceedings.
Full summary → PDF ↗
Friday, July 31, 2026 8 opinions
2026 IL App (5th) 250322 No. 2026 IL App (5th) 250322

Vida v. Wehking

Rule 23 Civil Administrative Law

  • Inmate's mandamus petition dismissed because trust account records lacked dates/hours worked, precluding sentence credit calculation
  • Mandamus requires plaintiff to plead every material fact establishing a clear right to relief, not just suggestive evidence
  • Useful for corrections/administrative law attorneys litigating inmate sentence credit disputes and mandamus pleading standards
Full summary → PDF ↗
2026 IL App (5th) 260388 No. 2026 IL App (5th) 260388

People v. Maxey

Rule 23 Criminal Criminal Procedure

  • Conclusory arguments in a Rule 604(h) motion for relief waive detention issues on appeal; fact-specific analysis is required.
  • Online sex-offense solicitation while on conditional discharge supports findings of real/present threat and no mitigating conditions.
  • Useful for criminal defense and prosecution attorneys handling pretrial detention appeals under the Illinois Pretrial Fairness Act.
Full summary → PDF ↗
2026 IL App (2d) 250104 No. 2026 IL App (2d) 250104

People v. Thomas

Opinion Criminal Violent Crimes

  • Second District finds constructive possession of firearm proven where gun was found dry, uncovered along defendant's flight path with no other source.
  • Defense counsel's opening statement emphasizing lack of DNA evidence invited the State's rebuttal referencing defendant's refusal to give a DNA swab.
  • Useful for criminal defense and appellate attorneys litigating constructive possession, invited-error/Doyle claims, and gang-related sentencing enhancements.
Full summary → PDF ↗
2026 IL App (2d) 260189 No. 2026 IL App (2d) 260189

People v. Fredrickson

Opinion Criminal Criminal Procedure

  • A defendant charged and released before trial is on 'pretrial release' and can be revoked for new offenses, even absent formal court-imposed conditions.
  • Section 110-2(a) presumes defendants know they must not commit new crimes while released, satisfying revocation requirements under section 110-6(a).
  • Useful for criminal defense and prosecution attorneys litigating pretrial release revocation petitions under Illinois's Pretrial Fairness Act, especially where no formal conditions order was entered.
Full summary → PDF ↗
2026 IL App (1st) 241538 No. 2026 IL App (1st) 241538

People v. Wiggins

Rule 23 Criminal Violent Crimes

  • State must prove actual/threatened use as a bludgeon or size/weight suitability—mere possession of a suspected firearm is not enough.
  • Acquittal on firearm-based charges barred re-characterizing the same unproven object as a 'dangerous weapon other than a firearm' absent supporting evidence.
  • Useful for criminal defense and appellate attorneys challenging weapon-enhancement findings in armed robbery/hijacking cases with weak physical evidence.
Full summary → PDF ↗
2026 IL App (1st) 250405 No. 2026 IL App (1st) 250405

People v. Mack

Rule 23 Criminal Criminal Procedure

  • Res judicata bars successive postconviction claims already litigated and rejected in prior direct appeals and petitions.
  • People v. Guy does not create a general mechanism for appellate courts to bypass the Act's cause-and-prejudice bar.
  • Useful for criminal appellate and postconviction practitioners assessing whether repeated ineffective-assistance claims can survive successive-petition screening.
Full summary → PDF ↗
2026 IL App (1st) 240996 No. 2026 IL App (1st) 240996

People v. Torres

Rule 23 Criminal Violent Crimes

  • Pointing a firearm at a victim and intentionally discharging it precludes an involuntary manslaughter instruction, regardless of claimed lack of intent to kill.
  • A bare assertion that defendant 'reacted' or the gun 'discharged,' without evidence of accident or a struggle, cannot support a reckless-conduct instruction.
  • Useful for criminal defense and appellate attorneys litigating lesser-included offense instructions in shooting cases and reviewing jury instruction denials for abuse of discretion.
Full summary → PDF ↗
2026 IL App (1st) 242359 No. 2026 IL App (1st) 242359

Kos v. Muzykansky

Opinion Civil Tort Law

  • First District holds a treating specialist need not testify on causation if another qualified expert addresses how the injury would have been treated absent negligence.
  • Court affirms that expert testimony need not come from a physician in the same specialty as the alleged 'gap' area to establish proximate cause in a medical malpractice case.
  • Useful for medical malpractice litigators handling JNOV motions, expert qualification disputes, and cumulative-error new trial arguments involving evidentiary rulings.
Full summary → PDF ↗