June 2, 2015 | Michael Rosenblat

Illinois Looks to Improve Eyewitness Line-up Procedures

Chicago – As most of us know by now, eyewitness identifications are notoriously bad. Mistaken identifications by eyewitnesses account for the vast majority, roughly 85%, of wrongful convictions, according to some reports. Eyewitness misidentification is considered the single greatest cause of wrongful convictions. The State of Illinois alone has in fact released 21 individuals erroneously […]

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March 5, 2015 | Michael Rosenblat

Courts Disagree on the Meaning of “Public Disclosure”

Chicago – The False Claims Act places several restrictions on a person’s ability to pursue a qui tam case on behalf of the government. One of these restrictions is known as the “public disclosure bar”. The definition of public disclosure was recently addressed in the case of United States, et al. v. Whipple, et al. […]

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February 22, 2015 | Michael Rosenblat

Court finds Mandatory Prison for Gun Possession Unconstitutional

Chicago – The Illinois Supreme Court finally issued its opinion addressing a number of aspects of the Illinois Aggravated Unlawful Use of a Weapon Statute, 720 ILCS 5/24-1.6.  The Court found most importantly the mandatory prison sentencing provision unconstitutional under section (d)(2). Accepting an argument that I advanced in my representation of clients charged with […]

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February 7, 2015 | Michael Rosenblat

Court Rules on False Claims Act’s Public Disclosure Bar

Chicago – In a case that has been before the Court of Appeals for the third time and before the United States Supreme Court twice, the relator appealed the district court’s dismissal of her qui tam case based on the False Claims Act’s public disclosure bar.  Fortunately, for the relator, the Court of Appeals reversed.  […]

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January 10, 2015 | Michael Rosenblat

Army Sexual Harassment – What is it?

What is Army Sexual Harassment?  With all of the recent news concerning sexual harassment this article will help you understand what the Army Sexual Harassment Policy prohibits. Army Regulation 600-20, Chapter 7-4, Prevention of Sexual Harassment defines sexual harassment is defined as: Sexual harassment is a form of gender discrimination that involves unwelcomed sexual advances, […]

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October 20, 2014 | Michael Rosenblat

Court Orders Re-sentencing for 15-year-old

Chicago, Illinois A fifteen year old was charged and convicted of aggravated criminal sexual assault, rape.  The defendant was tried as an adult and sentenced to 36 years in prison, of which he will have to serve 85%.  The Illinois Court of Appeals reversed, finding that the defendant’s confession was wrongly admitted, and that the […]

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August 5, 2014 | Michael Rosenblat

The Fourth Amendment’s Sliding Scale Protection

Chicago – On a Sunday night in Chicago around Armitage and Kildare and Wabansia and Karlov the Chicago Police received numerous 911 calls reporting gunshots in the area. The callers reported to 911 hearing between 5 and 9 shots and based on additional 911 calls that the shots were fired from a black car traveling […]

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May 10, 2014 | Michael Rosenblat

Illinois Sentencing Serving 85%

 Chicago – Many client and their families want to know if they will have to serve 85% of their sentence to the Illinois Department of Corrections.  Here is the rule from 730 ILCS 5/3-6-3 A prisoner serving a sentence for: attempt to commit terrorism attempt to commit first degree murder solicitation of murder solicitation of […]

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May 10, 2014 | Michael Rosenblat

Court allows anonymous tip to justify stop – Denies Motion to Suppress Evidence

Chicago – The Supreme Court in the case of Narvarette v. California, 188 L.Ed. 2d 680, April 22, 2014, ruled that an anonymous report of a traffic violation justified the stop of a vehicle.  In this case, a five to four opinion, the majority opinion is written by Justice Thomas and the dissent by Justice […]

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April 21, 2014 | Michael Rosenblat

Illinois Appellate Court Orders DNA Testing

Chicago – the Illinois Court of Appeals reversed and remanded a case in which the Cook County trial judge denied the defendant’s motion for DNA testing. On October 28, 1999, the victim was shot and killed by a male wearing a gray sweatshirt. Later that day the Chicago police found a man sitting on a […]

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