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Cases used to support previously published articles.
NOW comes the Petitioner, Mark R. McCoy, and through his MOTION TO RECONSIDER COURTS DISMISSAL OF CASE 10-MR-212 ABSENT A REVIEW OF ALL AUTHORITIES CITED IN PLAINTIFF’S MEMORANDUM OF LAW, states as follows
NOW comes the Petitioner, Mark R. McCoy, and through his MOTION FOR MANDATORY JUDICIAL NOTICE IN SUPPORT OF PETITIONER’S MOTION TO RECONSIDER, moves this Court to take Mandatory Judicial Notice of the following matters set forth hereafter, pursuant to the Mandatory Provisions of the Illinois Code of Civil Procedure Section 735 ILCS 5/8-1001...
Defendant was charged with driving under the influence of alcohol (DUI). The Circuit Court for the 12th Judicial Circuit, Will County, James E. Egan, J., granted defendant's motion to dismiss, and found that dismissal was with prejudice when State refiled DUI charge. State appealed.
The State appeals from a judgment which dismissed traffic charges against the defendant, Roger E. Brookbank, because of the failure of the arresting officer to appear on a continued trial date. It contends that the defendant waived the provisions of Supreme Court Rule 504 when he demanded a jury trial and later withdrew that...
On February 14, 1978, Frances Sugg, a private citizen signed the aforementioned misdemeanor complaint as complainant.
Where a defendant appeared in court on date directed by appearance date on traffic ticket and complaint and entered his plea of not guilty and demanded trial on merits to be held on that date, and where in view of fact that neither city nor arresting officer was present in court on that date,...
If the State does not present any evidence at time set for trial of person who pleads not guilty to traffic or conservation offense and if the trial court does not grant a continuance to the State, the disposition by the trial court should be on the merits, and such disposition and dismissal should...
It is an unfortunate fact that the public views the magistrate as the same as, or as a near blood relative to, the old justice of the peace and police magistrate of the pre 1964 era. We have been urged by the representatives of the Illinois Circuit Court Magistrates Association (does not include Cook...
A citizen should not be permitted to communicate with a grand jury, but, if he possesses any information justifying the accusation of anyone, he should impart the information to the State's attorney, and, if the State's attorney refuses to act, the citizen can make his complaint to a committing magistrate.
If the citizen knows a crime has been committed, it is his duty to appear before a magistrate and make a complaint, in which he states that the crime has been committed, and in which he may state, upon reasonable information and belief, that the party named is the guilty party, whereupon the magistrate...
In other words, the day of the frontiersman, who leaped to the defenseof his town or state when the savage raised his howl, is past.The modern soldier, be he militiaman or regular, is a cog in a welldrilled,smoothly running machine. He is not expected to develop his natural ability by unorthodox means. He falls...
A public street is a passage open to all the citizens of the State to go and to return, pass and repass at their pleasure. In the use of a public street the law recognizes no favorites. Subject to the law of the road, no one man or body of men has a...
Neither the Illinois constitution nor the legislature has attempted to define the powers of the grand jury. It has its origin in the common law and has existed for many hundreds of years. Its construction, organization, jurisdiction and method of proceeding were all well known features of the common law before the organization of...
374 Ill. 524, 30 N.E.2d 11 Supreme Court of Illinois. PEOPLE v. PARKER. No. 25595. Oct. 11, 1940. Rehearing Denied Dec. 4, 1940. Error to Criminal Court, Cook County; John Prystalski, Judge. Harrison Parker was adjudged guilty of criminal contempt, and he brings error. Judgment affirmed. A citizen should not be permitted to communicate...
A patriot will say that a soldier “serves” his country; others may take him to task for his blind obedience. Acts considered “murderous” in...
It is important to understand up front that this book will contain truths that will likely be highly threatening to you – and certainly...
NOW comes the Petitioner, Mark R. McCoy, and through his MOTION TO RECONSIDER COURTS DISMISSAL OF CASE 10-MR-212 ABSENT A REVIEW OF ALL AUTHORITIES...
NOW comes the Petitioner, Mark R. McCoy, and through his MOTION FOR MANDATORY JUDICIAL NOTICE IN SUPPORT OF PETITIONER’S MOTION TO RECONSIDER, moves...
Dayton police "mistook" a mentally handicapped teenager's speech impediment for "disrespect," so they Tasered, pepper-sprayed and beat him and called for backup from "upward...
Judge Brian Babka Dodges the Issue of Issuing Arrest Warrants Against Police. Case 10-MR-212 is Dismissed…..for now….
On June 25, 2011, I received an Order from Judge Babka which was entered on June 20, 2011, in response to my Memorandum and essentially dismissing the case. Footnote 7 In his Order, Babka does not address any of the issues presented aside from the holding in Lindquist as being a case from 1937,...
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