Section Newsletters

Articles From David B. Franks

Defense Must Prove Blood Draw Was Carried Out by State Actors By David B. Franks Traffic Laws and Courts, May 2021 A summary and analysis of People v. Mueller.
No Erratic Driving for Touching Center Yellow Line and White Fog Line By David B. Franks Traffic Laws and Courts, August 2019 A summary of People v. Mueller, in which the defendant contested the stop of her vehicle for improper lane usage.
Warrantless entry into defendant’s home was not justified By David B. Franks Traffic Laws and Courts, June 2016 A summary of the recent case of People v. Swanson.
Strobel: When there’s no audio on the video By David B. Franks Traffic Laws and Courts, February 2015 Trial Court abused its discretion in barring testimony regarding field sobriety tests and barring the introduction of the video depicting defendant's performance on the field sobriety tests since no audio recording of the Police encounter with Defendant ever existed.
City of Highland Park v. Kane, 2013 IL App (2d) 120788; 2013 Ill. App. LEXIS 228 By David B. Franks Traffic Laws and Courts, June 2013 In analyzing whether a stop is proper, a Court is not limited to bases cited by the Officer for effectuating the stop.
People v. Smulik By David B. Franks Traffic Laws and Courts, May 2012 The Appellate Court concluded that the anonymous tip in the matter at bar lacked predictive value. The Appellate Court concluded that the informant did not predict anything; the informant merely reported contemporaneous observations as to the description and location of a vehicle she was following.  
Case notes By Andrea Mesko, Mark Kevin Wykoff, Sr., Jesus Ricardo Rivera, David B. Franks, & James Stern Criminal Justice, March 2012 Recent cases of interest to criminal law practitioners.
People v. Barwan, et al By David B. Franks Traffic Laws and Courts, March 2012 Three unrelated cases, involving the same issue, were consolidated for decision. Each of three defendants were charged by indictment with driving under the influence of alcohol.
People v. Price By David B. Franks Traffic Laws and Courts, March 2012 The arresting officer’s testimony regarding the size of the air freshener, how it swayed back and forth, and that it would have obstructed defendant’s view based on defendant’s sitting position, provided the arresting officer reasonable suspicion, based on a material obstruction, to justify the arresting officer stopping defendant’s vehicle.  
People v. Geier By David B. Franks Traffic Laws and Courts, August 2011 Initial probable cause did not dissipate merely because Arresting Officer continued to follow motorist for two to four miles, after observing traffic violation, before stopping motorist.
People v. Maldonado By David B. Franks Traffic Laws and Courts, November 2010 The appellate court concluded that the DUI statute was ambiguous because it prescribed mutually exclusive sentencing schemes for a defendant who has been convicted of committing a sixth or subsequent DUI.
Case note By David B. Franks Criminal Justice, August 2010 A look at the case of People v. Bridgewater, 235 Ill.2d 85 (2009).
People v. Nunez, Docket No. 108189, SUPREME COURT OF ILLINOIS 2010 Ill. LEXIS 280 By David B. Franks Traffic Laws and Courts, June 2010 The Supreme Court affirmed the appellate court finding, holding that Defendant was properly convicted of both aggravated DUI and DWLR, and that DWLR is not a lesser-included offense of aggravated DUI.
People v. McDonough, 395 Ill.App.3d 194, 334 Ill.Dec.764 (4th Dist. 2009) By David B. Franks Traffic Laws and Courts, March 2010 In this DUI case, the trial court granted Defendant’s motion to suppress evidence on the ground that the State Trooper had improperly seized Defendant. Because the State Trooper did not engage in any police misconduct, the 4th District Appellate Court reversed the trial court, ruling that the exclusionary rule did not apply to this case.
1 comment (Most recent February 24, 2010)
Petition to Rescind Statutory Summary Suspension denied where defendant failed to produce evidence demonstrating that roadblock was an illegal drug interdiction checkpoint or that police lacked probable cause for stop By David B. Franks Traffic Laws and Courts, June 2009 A review of People v. Hacker.
Case summaries By Lori G. Levin, Steve Baker, David B. Franks, Hon. Michael P. McCuskey, Sandra Blake, George G. Leynaud, & Judith Lozier Criminal Justice, May 2009 Recent cases of interest to criminal law attorneys.
People v. James C. Ewing, No. 4-07-0184: An informant tip received by telephone may form the basis of a Terry stop if the tip is reliable and the tip allows the police officer to reasonably infer that a person was involved in criminal activity By David B. Franks Traffic Laws and Courts, September 2008 In January 2007, Defendant, James C. Ewing, was arrested for driving under the influence of alcohol pursuant to 625 ILCS 5/11-501(a) (2).
Case summaries By David B. Franks & Hon. John A. Wasilewski Criminal Justice, May 2008 In 2000 the victim hired defendant and another individual to perform electrical work in her apartment. The project lasted several months.
Case summary By David B. Franks Traffic Laws and Courts, March 2007 On August 18, 2002 the Defendant, Catherine Sturgess, was arrested and charged with driving under the influence of alcohol (DUI) and failure to reduce speed to avoid an accident.
Old common law remedy for “money had and received” provides equitable remedy for resolving financial entanglements when live-ins split By David B. Franks General Practice, Solo, and Small Firm, November 2001 In the recent case of Kaiser vs. Fleming 248 Ill.Dec. 824, 735 N.E.2d 144 (2nd Dist. 2000) a former girlfriend filed a two-count complaint seeking a constructive trust and judgment against her former boyfriend for money she gave him to pay off the mortgage on his home.
New husband’s income considered as part of former wife’s resources in allocating college costs in modification action By David B. Franks General Practice, Solo, and Small Firm, October 2001 The recent case of In re Marriage of DRYSCH 247 Ill.Dec. 409, 732 N.E.2d 125 (2nd Dist. 2000), following their dissolution of marriage, ex-wife petitioned for modification of divorce decree, requesting that ex-husband be required to contribute to their child's college expenses.

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