| Prospectives |
 |
| Students |
|
| Alumni |
|
| Faculty |
 |
| Academics |
|
| Life |
|
| Socrates |
|
| Blogs |
|
| News |
|
| Calendar |
|
|
|
|
|
|
|
|
|
|
||||||
 |
||||||
 |
Recent developments People v. Pietraszek. We represented Mr. Pietraszek who had, in Fall, 2006, been found not guilty by reason of insanity of criminal damage to property and confined at Elgin Mental Health Center. Our investigation revealed that, despite the requirements of 735 ILCS 5/5-2-4, our client had never been afforded a commitment hearing following his acquittal and a substantial error had been made in the court's determination of his maximum period of his confinement as an insanity acquittee, also defined by the above statute. A motion raising these issues with the court resulted in an order determining that he could no longer be confined as an insanity acquittee. However, the state moved immediately for his involuntary commitment under the Mental Health and Developmental Disabilities Code. In December, 2007, a jury found that he did not meet the standard for commitment and he was released. Emily Cook '09, Hane Kim '08 and Maria Phillis '08.
People v. Catalano. We represent Mr. Catalano who is confined at Elgin Mental Health Center pursuant to the special statute governing those acquitted by reason of insanity. Following contested hearings, the Circuit Court granted our client unaccompanied grounds passes and accompanied off-grounds passes. Jeff Meineke '08
People v. Wolst. We represent Mr. Wolst who was acquitted by reason of insanity of murder in 1996. In 2006 we obtained his conditional release which allowed him to live in a supervised residential setting in the community. In 2007, following a contested hearing, the court modified his conditional release to permit him to live independently. Valerie Lynch '07
People v. Lucas. We represent Mr. Lucas who was confined at Elgin Mental Health Center following an acquittal by reason of insanity. In 2001 he was conditionally released to a nursing home pursuant to 730 ILCS 5/5-2-4(a-1)(D). Under that statute the period of conditional release may not exceed five years unless prior to the expiration of that period a petition for extension is filed with the circuit court which had authorized the patient's release. Despite this provision Mr. Lucas was being held at the nursing home against his will. Our petition for an order of unconditional release and dismissal was granted in February, 2008. Andrea Forton '08
United States v. Miranda, 505 F.3d 785 (2007). We worked with Gareth Morris (son of former Law School dean Norval Morris) on an appeal to the United States Court of Appeals for the Seventh Circuit challenging the failure of the United States District Court Judge to consider uncontradicted testimony from Daniel Yohanna, MD, Associate Professor of Psychiatry at the University of Chicago Medical School, that our client's schizoaffective disorder substantially affected relevant and necessary factors in sentencing: deterrence, retribution and incapacitation. The Seventh Circuit unaniamously reversed and remanded for new sentencing. Mark Bala '07 |
|
|
|||
Contact