Illinois Supreme Court

The Illinois Supreme Court held that a motion seeking only to modify parenting time is governed by section 610.5(a), which requires proof of changed circumstances necessitating modification to serve the child's best interests, rather than the substantial-change standard in section 610.5(c).

The Illinois Supreme Court held that aggravated kidnapping has a unit of prosecution of one conviction per single kidnapping, even when multiple aggravating circumstances or predicate felonies occur during that kidnapping.

The court held that a defendant claiming denial of a mandatory assessment waiver because counsel failed to file the required certification must raise the claim in the trial court through a motion under Rule 472.

The Illinois Supreme Court held that Benson's as-applied constitutional challenge to the unlawful-possession statute was premature because he raised it for the first time on appeal and the record lacked evidence concerning the circumstances of his prior felony, his dangerousness, possible lifetime disarmament, and any…

The court held that an otherwise valid, unexpired driver's license suspended for an SR-22 financial-responsibility violation does not support aggravated DUI under subsection (H), because subsection (G) separately identifies the suspension-based offenses that elevate DUI.

The Illinois Supreme Court affirmed dismissal of the Consumer Fraud Act claim arising from a $470 charge for condominium disclosure documents. The alleged high price, statutory requirement that sellers obtain the documents, and the management company's prior possession of the documents did not sufficiently allege an…

The Illinois Supreme Court held that the decedent's spouse did not clearly and unmistakably agree to delegate arbitrability of wrongful-death claims arising from the decedent's separate use of Uber's services.

The Illinois Supreme Court held that expiration of the 10-year limitations period for mortgage foreclosure does not extinguish the mortgage lien or permit the property owner to remove it through a quiet title action.

The Illinois Supreme Court held that section 29-4 requires a school district to provide transportation to qualifying nonpublic schoolchildren only at pickup and drop-off points along the district's existing regular bus routes.

The Illinois Supreme Court held that, for cases filed before January 1, 2026, the second prong of the Citizen Participation Act requires a subjective inquiry into whether the plaintiff's true goal was to deter or punish protected governmental participation, rather than proof that the claim was both meritless and…

The Illinois Supreme Court held that the appeal was moot because the defendant had pleaded guilty and been sentenced, and therefore dismissed the appeal and vacated the lower courts' judgments.

The Illinois Supreme Court held that Carroll’s ineffective-assistance claims were not forfeited because their supporting facts did not appear in the record on direct appeal, even if Carroll knew those facts at the time.

The court held that Illinois common law and section 3-4(b)(2) provide issue-preclusion protections broader than the federal constitutional minimum and are not defeated by a defendant's request to sever related charges.

The Illinois Supreme Court held that Bright's claim challenging section 8(n) of the FOID Card Act was moot because his FOID card had been reinstated and no recognized mootness exception applied.

The Illinois Supreme Court affirmed the appellate court’s judgment, holding that a unilateral agreement suffices for a conviction of solicitation of murder for hire because the statutory term “procure” embraces unilateral arrangements.

The Illinois Supreme Court affirmed the denial of McCoy’s successive postconviction petition after a third-stage evidentiary hearing. It held that the circuit court considered the old and new evidence together and that its credibility findings were not manifestly erroneous; without credible codefendant testimony…

The Illinois Supreme Court reversed the appellate court’s judgment setting aside Antrell Johnson’s first-degree-murder conviction and remanded for consideration of his ineffective-assistance claim.

The court held that Illinois's Minimum Wage Law does not incorporate the federal exclusion for preliminary and postliminary activities. Because the Illinois statute and implementing regulations contain no such exclusion and define hours worked to include all time employees are required to be on the employer's…

The court held that Illinois Rule of Evidence 405(b)(2) permits evidence of an alleged victim's specific violent conduct only when it occurred before the charged offense, so the trial court properly excluded the victim's later conduct.

The court held that the 2021 amendment imposing an age requirement for habitual-criminal sentencing does not apply retroactively to invalidate Brown's 1995 natural-life sentence and did not clarify the law in effect when he was sentenced.

The Illinois Supreme Court affirmed the appellate court’s judgment, holding that the trial court did not abuse its discretion in denying a mistrial after receiving a juror’s “Surrender Note” and did not err in limiting jury polling to the standard question.

The Illinois Supreme Court held that a defendant seeking a self-defense instruction in a case involving force against a police officer must present some evidence of each element of self-defense, including that the officer threatened unlawful force.

The court affirmed the denial of Katrina’s motion to substitute herself for Dobbins and the dismissal of his certificate-of-innocence petition. It held that neither a nunc pro tunc order nor the Tunnell exception could supply relief because no hearing or decision had occurred before Dobbins died, and that a…

The Illinois Supreme Court held that the trial court's failure to provide a prompt preliminary hearing did not constitute second-prong plain error because the error was harmless when the defendant was later convicted after a fair jury trial.

The Illinois Supreme Court answered a certified question, holding that a permit or regulation authorizing emissions is irrelevant to the application of a pollution exclusion in a standard‑form commercial general liability policy.

The court held that the statute does not require an applicant to prove it has current financing in place when a certificate of public convenience and necessity is issued. It also concluded that substantial evidence supported the Commission’s finding that Grain Belt Express could finance the project without significant…

The Illinois Supreme Court held that the trial court’s 30‑day jail sanction for violating electronic monitoring was a final, appealable order and that the sanction does not qualify for good‑behavior credit under the Behavior Allowance Act.

The court held that the Pension Code authorizes an award of attorney fees and costs when a police officer successfully challenges the discontinuation of duty or occupational disease disability benefits on administrative review.

The Illinois Supreme Court affirmed the appellate court, holding that the trial court did not err in tendering Illinois Pattern Jury Instructions 11.49 and 11.50 because the instructions were complementary, not conflicting, and therefore no plain error occurred; likewise, Williams’s counsel was not ineffective for not…

The court held that the trial court substantially complied with the statutory admonishment requirement for a trial in absentia even though it did not expressly warn that defendant's absence would waive his right to confront witnesses.

The Illinois Supreme Court dismissed the State’s appeal concerning Grayson’s pretrial detention as moot because, while the appeal was pending, he was tried and found guilty of second degree murder.

The Illinois Supreme Court affirmed the defendant’s convictions and held that the victim’s recorded interview was admissible under the child-hearsay statute because the victim testified at trial, answered substantive questions under oath, and was available for cross-examination despite memory loss and denials.

The court held that the pension statute requires the Board to obtain an opinion on the claimant’s disability status from at least one Board-appointed physician, but does not require that physician to find the claimant disabled.

The Illinois Supreme Court held that the school district and its teacher were immune from liability under section 3-108 of the Tort Immunity Act because the evidence established, at most, negligent failure to supervise, not willful and wanton conduct.

The court held that the plaintiff lacked common-law standing to pursue her FACTA claim because, after discovery, she established at most a speculative increased risk of identity theft rather than a concrete injury.

The court held that a trial court must decide a defendant’s midtrial motion for a directed verdict before proceeding to the defense’s evidence, although it may take a recess before ruling.

The Illinois Supreme Court held that a petitioner seeking a certificate of innocence must prove innocence of every offense charged in the indictment or information, including charges later nol-prossed as part of a negotiated plea agreement.

The Illinois Supreme Court reversed the appellate court, affirmed the murder conviction, and remanded for consideration of unresolved appellate issues. It held that excluding defendant's mother as a potential witness did not implicate the public-trial right, the second lineup was not unduly suggestive, and the…

The court held that an appellate court may order reassignment of a circuit judge on remand in a postconviction proceeding, but only when the record clearly demonstrates actual bias, a probability of bias, or prejudice.

The Illinois Supreme Court held that Muhammad's alleged statements fall within the Torture Inquiry and Relief Commission Act's broad definition of a tortured confession, even though Muhammad denied making them, and therefore judicial review and an evidentiary hearing were warranted.