text:
    STATE of Illinois EX REL. Donald HELFER, M.D., petitioner, v. ASSOCIATED ANESTHESIOLOGISTS OF SPRINGFIELD, LTD., etc., et al., respondents.
    No. 123546
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


source: Caselaw Access Project

author: Thomas, J. took no part.

license: Public Domain

text:
    Arthur G. JAROS, Jr., petitioner, v. The VILLAGE OF DOWNERS GROVE et al., etc., respondents.
    No. 123397
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Thomas, J. took no part.


text:
    IN RE MARRIAGE OF Pasha N. WALTHER, respondent, and Leilani E. Walther, petitioner.
    No. 123547
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Lashaun L. PETERSON, petitioner.
    No. 123550
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
    In the exercise of this Court's supervisory authority, the Appellate Court, Fourth District, is directed to vacate its judgment in People v. Peterson, case No. 4-16-0002 (03/30/18). The appellate court is directed to consider the effect of this Court's opinion in People v. Vara, 2018 IL 121823, on the issue of whether it has jurisdiction to address and vacate the clerk-imposed fines in this matter.


text:
    PEOPLE State of Illinois, respondent, v. Antoine T. CHEST, petitioner.
    No. 123552
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Shawna GILLIAM, respondent, v. The BOARD OF TRUSTEES OF the CITY OF PONTIAC POLICE PENSION FUND, petitioner.
    No. 123554
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


author: Burke, J., dissents. JUSTICE BURKE, dissenting:

text:
    PEOPLE State of Illinois, Respondent, v. Alvin PERKINS, Petitioner.
    No. 123555
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Burke, J., dissents.

Dissent attached.

Neville, J., took no part.

OPINION

JUSTICE BURKE, dissenting:

¶ 1 The order entered in this matter states that the petition for leave to appeal is "denied." From this, one would assume that a majority of this court has concluded that the petition does not meet the criteria for discretionary review under Illinois Supreme Court Rule 315 ( eff. July 1, 2018) and has, therefore, voted to deny the petition. However, this is not the case. In fact, there is no majority: three justices have voted to allow the petition, three justices have voted to deny, and one justice is not participating.

¶ 2 Petitions for leave to appeal are subject to the rule, under article VI, section 3, of the Illinois Constitution of 970, that four votes are necessary for a decision from this court. PHL. Inc. v. Pullman Bank & Trust Co., 181 Ill.2d 575, 235 Ill.Dec. 666, 705 N.E.2d 849 (1998). Because there are neither four votes to grant nor to deny the petition for leave to appeal, the appropriate disposition under our constitution is to dismiss the petition without decision, not to deny it. Id.; see also Perlman v. First National Bank of Chicago, 60 Ill.2d 529, 331 N.E.2d 65 (1975). The dismissal of the petition would leave in place the lower court's decision but would be of no precedential value. Perlman, 60 Ill.2d at 530, 331 N.E.2d 65.

¶ 3 The court makes no attempt to reconcile its disposition in this matter with P HL, Inc. Because the order entered in this matter does not accurately reflect the votes cast by the members of this court and because the order violates article VI, section 3, of the Illinois Constitution of 1970, I must respectfully dissent.


author: Neville, J., took no part.

text:
    PEOPLE State of Illinois, respondent, v. Richard RAMSEY, petitioner.
    No. 123556
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Neville, J., took no part.


text:
    PEOPLE State of Illinois, respondent, v. Charles STARNES, petitioner.
    No. 123561
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    STEWART TITLE GUARANTY COMPANY et al., respondents, v. David IZSAK, petitioner.
    No. 123427
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Lisa J. GILLARD, petitioner.
    No. 123584
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. George F. ZELENAK, petitioner.
    No. 123615
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Elias R. DIAZ, petitioner.
    No. 123616
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Gerald S. MCCARTHY, respondent, v. Abraham Lincoln REYNOLDS, Ill, 2006 Declaration of Living Trust, et al, etc., (Marvin Gray, petitioner).
    No. 123622
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Allowed.


text:
    PEOPLE State of Illinois, respondent, v. Russell FREY, petitioner.
    No. 123623
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Bennie VICK, etc., et al., respondents, v. Ben WYLIE et al., petitioners.
    No. 123443
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Antoine SAWYER, petitioner.
    No. 123625
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Antonio GOODEN, petitioner.
    No. 123627
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Demetrius HEMPHILL, petitioner.
    No. 123628
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Franklin T. BYRD, petitioner.
    No. 123629
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Demeco D. HILL, petitioner.
    No. 123630
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Anthony ROBINSON, petitioner.
    No. 123632
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Gregory RATLIFF, petitioner.
    No. 123633
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    James Michael FAIER, petitioner, v. ZONING BOARD OF APPEALS OF the CITY OF CHICAGO et al., respondents.
    No. 123640
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Neville, J., took no part.


text:
    PHOENIX, NPL, LLC, respondent, v. Shailesh SHAH et al., etc., petitioners.
    No. 123655
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Billy J. COX, petitioner.
    No. 123656
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Jennifer FINNERTY, petitioner, v. The DEPARTMENT OF CHILDREN AND FAMILY SERVICES, respondent.
    No. 123446
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Billy ANDERSON, petitioner.
    No. 123496
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    David IZSAK, petitioner, v. ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION et al., etc., respondents.
    No. 123501
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Lenvert DEBARDELABEN, petitioner.
    No. 123502
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Derrick J. TWARDOSKI, petitioner.
    No. 123503
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Leon A. FRANKLIN, petitioner.
    No. 123507
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Josiaha R. WILLS, petitioner.
    No. 123508
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    In re ESTATE OF James J. MCCOMBS, etc. (Rush University Medical Center et al., respondents, v. James J. MCCOMBS) Mark McCombs, petitioner.
    No. 123514
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Jon WITVOET, respondent, v. Daniel COKER, petitioner.
    No. 123702
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Daniel L. STAHL, petitioner, v. DECATUR MEMORIAL HOSPITAL, respondent.
    No. 123797
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Daveed LAZARD, petitioner.
    No. 123852
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Kenyatta BROWN, petitioner.
    No. 123600
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Eddie L. ROBINSON, etc., petitioner, v. John B. BALDWIN, etc., et al., respondents.
    No. 123684
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Markese DICKERSON, petitioner.
    No. 123785
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    U.S. BANK TRUST NATIONAL ASSOCIATION, etc., respondent, v. Mario A. LOPEZ, etc., et al., petitioners.
    No. 123680
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


author: Neville, J. took no part.

text:
    PEOPLE State of Illinois, respondent, v. Eduardo FLORES, petitioner.
    No. 123681
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Neville, J. took no part.


text:
    Shawn SCHROEDER, petitioner, v. GORDON/JOHNSON LIMITED PARTNERSHIP et al., respondents.
    No. 123696
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. William LIGGINS, petitioner.
    No. 123745
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Edgardo PACHECO, petitioner.
    No. 123833
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, petitioner, v. Frederico PABLO, respondent.
    No. 123856
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Andrew DAVIS et al. (Donate Graham, petitioner).
    No. 123860
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Richard SOWARD, petitioner.
    No. 123861
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Victor TRIPP, petitioner.
    No. 123876
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Marcus DAVIS, petitioner.
    No. 123682
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. James E. HARRIS, petitioner.
    No. 123691
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    FIRST MERCURY INSURANCE COMPANY, respondent, v. Paul J. CIOLINO et al., petitioners.
    No. 123695
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Arthur E. WEEMS et al., etc., petitioners, v. The CITY OF CENTRALIA, etc., respondent.
    No. 123737
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEKIN INSURANCE COMPANY, petitioner, v. SURE SHOT COMMUNICATIONS LLC, etc., et al. (Mid Century Telephone Cooperative et al., etc., respondents).
    No. 123764
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Michael REED, petitioner.
    No. 123773
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Valerie MOORE-COLVERT, respondent, v. Kinia SUTTON, petitioner.
    No. 123780
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Neville, J. took no part.


text:
    PEOPLE State of Illinois, respondent, v. Alberto RUIZ, petitioner.
    No. 123799
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Daniel RIVERA, petitioner, v. CHICAGO HOUSING AUTHORITY, respondent.
    No. 123809
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Jose ALVAREZ, petitioner, v. The POLICE BOARD OF THE CITY OF CHICAGO et al., respondents.
    No. 123813
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    HSBC BANK USA NATIONAL ASSOCIATION, etc., respondent, v. Gloria A. WILSON, petitioner.
    No. 123844
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal or, in the alternative, Petition for Appeal as a Matter of Right Denied.


text:
    Mary Terry CARMICHAEL, petitioner, v. UNION PACIFIC RAILROAD COMPANY et al. (Professional Transportation, Inc., etc., respondent).
    No. 123853
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Allowed.


text:
    PEOPLE State of Illinois, respondent, v. Armani BELL, petitioner.
    No. 123862
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Neville, J. took no part.


text:
    PEOPLE State of Illinois, respondent, v. James PARSON, petitioner.
    No. 123877
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Derek MONTGOMERY, petitioner.
    No. 123470
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Neville, J. took no part.


text:
    PEOPLE State of Illinois, respondent, v. Vincent D. JONES, petitioner.
    No. 123473
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Scott P. ENDICOTT, petitioner.
    No. 123675
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Christopher HAYWOOD, petitioner.
    No. 123683
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Williams ATKINS, petitioner.
    No. 123686
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Brian W. TRAINAUSKAS, petitioner.
    No. 123688
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Jesse R. PEREZ, petitioner.
    No. 123714
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Jon M. COX, petitioner.
    No. 123717
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Neville, J. took no part.


text:
    Selma DEDIC, petitioner, v. BOARD OF NORTH SHORE TOWERS CONDOMINIUM ASSOCIATION, respondent.
    No. 123720
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Lamont THOMAS, petitioner.
    No. 123725
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Christopher JACKSON, petitioner.
    No. 123727
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Neville, J., took no part.


text:
    PEOPLE State of Illinois, respondent, v. LaSchuanda R. POSTON, petitioner.
    No. 123730
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE EX REL. Lisa MADIGAN, Attorney General of the State of Illinois, et al., etc., respondents, v. THE PREMCOR REFINING GROUP, INC., petitioner.
    No. 123743
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRICT NO. 508, etc., petitioner, v. Mario DE LA HAYE, M.D., respondent.
    No. 123747
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. David NEWELL, petitioner.
    No. 123760
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Giovanni CUNNINGHAM, petitioner.
    No. 123778
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Kenneth E. RHODES, petitioner.
    No. 123456
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Christopher G. GEHRKE, petitioner, v. FETTES, LOVE & SIEBEN, INC., et al., respondents.
    No. 123865
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Troyt Aaron COX, petitioner, v. WASHINGTON SAVINGS BANK, respondent.
    No. 123685
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Paul A. CECCHINI, petitioner, v. William R. KUEHN et al., respondents.
    No. 123687
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Nikita DAVIS, etc., respondent, v. INGALLS HEALTH SYSTEM, etc., petitioner.
    No. 123689
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Dowaun ANDREW, petitioner.
    No. 123690
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    800 SOUTH WELLS COMMERCIAL LLC, petitioner, v. John CADDEN, respondent.
    No. 123692
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PROSPECT FUNDING HOLDINGS, LLC, petitioner, v. Keenan J. SAULTER et al., respondents.
    No. 123450
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Neville, J. took no part.


text:
    PEOPLE State of Illinois, petitioner, v. Aisha N. MCCLINTON, respondent.
    No. 123693
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    IN RE COMMITMENT OF Donnie R. BARRETT
    (People State of Illinois, respondent, v. Donnie R. Barrett, petitioner).
    No. 123697
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Louise DAVENPORT, petitioner, v. AMERICAN LNVSCO CORP. et al. (200 North Dearborn Condominium Association, etc., respondent).
    No. 123699
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Charles MILES, petitioner.
    No. 123701
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Andrew REED, petitioner.
    No. 123703
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PENNYMAC CORP., respondent, v. Clarence JENKINS, petitioner.
    No. 123704
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Curtis T. LOVELACE, petitioner.
    No. 123705
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Pablo M. GARCIA, petitioner.
    No. 123451
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Mitchell James ROYSTER, petitioner.
    No. 123708
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Juan ALVAREZ, petitioner.
    No. 123709
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Neville, J. took no part.


text:
    PEOPLE State of Illinois, respondent, v. Edgar FERNANDEZ, petitioner.
    No. 123710
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Gerald Wayne WHITE, petitioner.
    No. 123713
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    IN RE ESTATE OF Arnold O. REXROAD, Sr.
    (Estate of Arnold O. Rexroad, Sr., petitioner, v. Mid-West Truckers Risk Management Association, respondent).
    No. 123715
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Jesus SANCHEZ, etc., petitioner, v. William INGRAM et al., respondents.
    No. 123718
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Jose COBIAN, petitioner.
    No. 123719
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    The VILLAGE OF BELLE RIVE, etc., petitioner, v. ILLINOIS CENTRAL RAILROAD COMPANY, etc., respondent.
    No. 123452
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Dawn SMITH et al., petitioners, v. Stephen P. WEBER, etc., respondent.
    No. 123721
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Appeal as a Matter of Right or, in the alternative,
    Petition for Leave to Appeal Denied.
   Thomas, J. took no part.


text:
    IN RE the DETENTION OF Raymond RAINEY, etc.
    (People State of Illinois, respondent, v. Raymond Rainey, petitioner).
    No. 123722
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Tyrell JACKSON, petitioner.
    No. 123723
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Michael MOORE, petitioner.
    No. 123724
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    CHICAGO TITLE LAND TRUST COMPANY, etc., et al., respondents, v. The COUNTY OF WILL, etc., et al. (The Village of Bolingbrook, petitioner).
    No. 123726
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Donovan WHEELER, petitioner.
    No. 123729
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Emmanuel K. NWAOKOCHA, petitioner, v. The ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION et al., etc., respondents.
    No. 123453
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    NORTH ROUTE 38, LLC, petitioner, v. CITY OF ROCHELLE, respondent.
    No. 123731
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Michael L. WILKINSON, petitioner.
    No. 123732
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, petitioner, v. Gerald DRAKE, respondent.
    No. 123734
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Allowed.


text:
    PEOPLE State of Illinois, respondent, v. Carlos ANDRADE, petitioner.
    No. 123735
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


author: Kilbride, J. took no part.

text:
    The ILLINOIS INSURANCE GUARANTY FUND, respondent, v. Israel P. NWIDOR, Indv., et al., etc. (Chicago Carriage Cab Corporation, etc., petitioner).
    No. 123738
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Kilbride, J. took no part.


text:
    PEOPLE State of Illinois, respondent, v. Ramon ROMERO, petitioner.
    No. 123739
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, petitioner, v. Terrence D. HAYNES, respondent.
    No. 123740
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Koren M. HAIMAN, petitioner.
    No. 123742
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    XCEL SUPPLY LLC, respondent, v. Victor HOROWITZ (Hydra Properties, LLC, petitioner).
    No. 123454
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Michael SANDERS, petitioner.
    No. 123746
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Terry JOHNSON, petitioner.
    No. 123748
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Neville, J. took no part.


text:
    IN RE MARRIAGE OF Patricia A. JAMES, respondent, and William E. WYNKOOP, petitioner.
    No. 123752
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Richard L. NELSON, petitioner.
    No. 123755
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    KEY OUTDOOR, INC., petitioner, v. CITY OF SPRINGFIELD, respondent.
    No. 123756
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Jordan RATLEY, petitioner.
    No. 123759
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Terrell JONES, petitioner, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, respondent.
    No. 123761
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Allan AUSTIN, petitioner, v. Charles F. BEST et al., respondents.
    No. 123455
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Taurhern GILL, petitioner.
    No. 123762
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Claude L. WILLIAMS, petitioner.
    No. 123765
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. James MYLES, petitioner.
    No. 123772
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    SYLVA, LLC, petitioner, v. BALDWIN COURT CONDOMINIUM ASSOCIATION, INC., et al., respondents.
    No. 123776
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Juan F. BLANCO, petitioner.
    No. 123777
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Christopher A. CARTER, petitioner.
    No. 123779
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    ESTATE OF James TETERYCZ et al. (John Teterycz, petitioner, v. Euroline Materials, Inc., et al., respondents).
    No. 123781
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Appeal as a Matter of Right Denied.
   Neville, J. took no part.


text:
    PEOPLE State of Illinois, respondent, v. Runaldo D. RAMSEY, petitioner.
    No. 123790
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Mario James SCOTT, petitioner.
    No. 123791
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Carl REDMOND, petitioner.
    No. 123457
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Melissa CALUSINSKI, petitioner.
    No. 123792
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Deborah LEONE, petitioner, v. Daniel LUBY, respondent.
    No. 123793
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Christopher SCOTT, petitioner.
    No. 123803
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Earl COWAN, petitioner.
    No. 123458
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, petitioner, v. Rickie BROWNSON, respondent.
    No. 123804
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Tyyuan ANDERSON, petitioner.
    No. 123805
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Hugo OCON, petitioner.
    No. 123806
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Neville, J. took no part.


text:
    PEOPLE State of Illinois, respondent, v. Donald C. MOSS, petitioner.
    No. 123841
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. David HAHS, petitioner.
    No. 123872
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Sharon PERIK, petitioner, v. JP MORGAN CHASE BANK, U.S.A., etc., et al.
    (Early Warning Services LLC et al., respondents).
    No. 123482
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Michael Craig SMITH, petitioner.
    No. 123783
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Ronald JACKSON, petitioner.
    No. 123784
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Derek K. WEBB, petitioner.
    No. 123786
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Matthew CZUBIK, petitioner, v. Jim HEALY, respondent.
    No. 123788
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Fred NANCE Jr., petitioner, v. SE CLUSTER FOUR LLC, respondent.
    No. 123789
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Robert S. HEITBRINK, petitioner.
    No. 123810
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    LAKESHORE CENTRE HOLDINGS, LLC, petitioner, v. LHC LOAN, LLC, et al., respondents.
    No. 123814
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Earl ECHOLS, petitioner.
    No. 123819
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. John A. LOFTON, petitioner.
    No. 123580
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
    In the exercise of this Court's supervisory authority, the Appellate Court, Fourth District, is directed to vacate its judgment in People v. Lofton, case No. 4-15-0743 (04/16/18). The appellate court is directed to consider the effect of this Court's opinion in People v. Vara, 2018 IL 121823, on the issue of whether it has jurisdiction to address and vacate the clerk-imposed fines in this matter.


text:
    PEOPLE State of Illinois, petitioner, v. Martize M. SMELLEY, respondent.
    No. 123598
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Jan Kowalski MCDONALD, respondent, v. The COOK COUNTY OFFICERS ELECTORAL BOARD et al., etc. (Reginald Featherston, Sr., etc., petitioner).
    No. 123447
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, petitioner, v. Christopher L. THOMPSON, respondent.
    No. 123673
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Patrick STEGER, petitioner.
    No. 123674
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Darionte JONES, petitioner.
    No. 123676
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Tyrone GABB, petitioner.
    No. 123677
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Eduardo GOMEZ, petitioner.
    No. 123678
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    IN RE MARRIAGE OF Samuel E. BALL, respondent, and Christine Ann TAKATA, petitioner.
    No. 123679
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Appeal as a Matter of Right Denied.


text:
    Batu SHAKARI, petitioner, v. The ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION et al., etc., respondents.
    No. 123448
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Derrick RATCLIFF, petitioner.
    No. 123728
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Rayshawn HUNT, petitioner.
    No. 123768
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Dennis L. MARTIN Jr., petitioner.
    No. 123795
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Rita HUSSEY, respondent, v. CHASE MANOR CONDOMINIUM ASSOCIATION et al., petitioners.
    No. 123796
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    James T. STRUCK, petitioner, v. VILLAGE OF NORTHBROOK et al., respondents.
    No. 123798
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Jason A. BROWN, petitioner.
    No. 123801
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Appeal as a Matter of Right or, in the alternative, Petition for Leave to Appeal Denied.


text:
    The VILLAGE OF MUNDELEIN et al., petitioners, v. The VILLAGE OF GRAYSLAKE et al., respondents.
    No. 123802
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Donald KRISIK, petitioner.
    No. 123811
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Dorothy COLEMAN, Adm'r, etc., respondent, v. PROVENA HOSPITALS, etc., petitioner.
    No. 123816
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Michael BOUCHER, respondent, v. 111 EAST CHESTNUT CONDOMINIUM ASSOCIATION, INC., etc., et al., petitioners.
    No. 123807
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Neville, J. took no part.


text:
    PEOPLE State of Illinois, respondent, v. Adam D. BELMONT, petitioner.
    No. 123459
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


author: Burke, J. dissents. JUSTICE BURKE, dissenting:

text:
    James JOHNSON et al., petitioners, v. PNEUMO ABEX LLC et al., respondents.
    No. 123820
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Burke, J. dissents.

Dissent attached.

Thomas, J. took no part.

Theis, J. took no part.

JUSTICE BURKE, dissenting:

¶ 1 The order entered in this matter states that the petition for leave to appeal is "denied." From this, one would assume that a majority of this court has concluded that the petition does not meet the criteria for discretionary review under Illinois Supreme Court Rule 315 (eff. July 1, 2018) and has, therefore, voted to deny the petition. However, this is not the case. In fact, there is no majority: three justices have voted to allow the petition, two justices have voted to deny, and two justices are not participating.

¶ 2 Petitions for leave to appeal are subject to the rule, under article VI, section 3, of the Illinois Constitution of 1970, that four votes are necessary for a decision from this court. PHL, Inc. v. Pullman Bank & Trust Co., 181 Ill. 2d 575, 235 Ill.Dec. 666, 705 N.E.2d 849 (1998). Because there are neither four votes to grant nor to deny the petition for leave to appeal, the appropriate disposition under our constitution is to dismiss the petition without decision, not to deny it. Id. ; see also Perlman v. First National Bank of Chicago, 60 Ill. 2d 529, 331 N.E.2d 65 (1975). The dismissal of the petition would leave in place the lower court's decision but would be of no precedential value. Perlman, 60 Ill. 2d at 530, 331 N.E.2d 65.

¶ 3 The court makes no attempt to reconcile its disposition in this matter with PHL, Inc. Because the order entered in this matter does not accurately reflect the votes cast by the members of this court and because the order violates article VI, section 3, of the Illinois Constitution of 1970, I must respectfully dissent.


text:
    PEOPLE State of Illinois, respondent, v. Robert F. RUSSO, petitioner.
    No. 123821
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Appeal as a Matter of Right Denied.


text:
    PEOPLE State of Illinois, respondent, v. Julia Augusta Constan MACRI, petitioner.
    No. 123823
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Marquis J. SUTTON, petitioner.
    No. 123825
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Jafar KALBASSI, petitioner, v. Paul NOVAK et al., respondents.
    No. 123831
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    UH PARTNERS, LLC, etc., et al., respondents, v. Ronald J. GIDWITZ, etc., et al., petitioners.
    No. 123828
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Thomas, J. took no part.

Neville, J. took no part.


text:
    PEOPLE State of Illinois, respondent, v. Tony CAMPBELL, petitioner.
    No. 123808
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Neville, J., took no part.


text:
    Jamie LEMONS, Adm'r, et al., respondents, v. MARSHALL BROWNING HOSPITAL ASSOCIATION, etc., et al., petitioners.
    No. 123812
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
    In the exercise of this Court's supervisory authority, the Appellate Court, Fifth District, is directed to vacate its order in Lemons v. Marshall Browning Hospital Ass'n, case No. 5-18-0290 (06/22/18), denying leave to appeal. The appellate court is instructed to allow leave to appeal and consider the forum non conveniens issue on the merits.


text:
    David R. JOHNSON, petitioner, v. ILLINOIS COURT OF CLAIMS, respondent.
    No. 123815
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


author: Karmeier, C.J. took no part.

text:
    Madalyn M. MORRIS, respondent, v. Ellaretta G. AYDT, respondent (Joe D. Berry, etc., et al., petitioners).
    No. 123826
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Karmeier, C.J. took no part.


text:
    In re Marriage of Suzette L. BENINK, respondent, v. Eric H. BENINK, petitioner.
    No. 123460
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Tavaris HUNT, petitioner.
    No. 123830
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Edward MARSHALL, Independent Ex'r, respondent, v. PROVENA SENIOR SERVICES, etc., petitioner.
    No. 123834
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Howard RAY, Sr., et al., etc., petitioners, v. EPITOME RESTAURANT AND NIGHT CLUB, etc., et al. (The City of Chicago, etc., respondent).
    No. 123836
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Neville, J. took no part.


text:
    PEOPLE State of Illinois, respondent, v. Erick MARTIN, petitioner.
    No. 123839
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Anthony T. JACKSON, petitioner.
    No. 123843
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Versie GILMORE, petitioner.
    No. 123461
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
   Neville, J., took no part.


text:
    PEOPLE State of Illinois, respondent, v. Jose REYES, petitioner.
    No. 123845
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.
    In the exercise of this Court's supervisory authority, the Appellate Court, First District, is directed to vacate the portion of its judgment in People v. Reyes, case No. 1-16-0335 (05/17/18), affirming the imposition of $105 in frivolous filing costs and fees under 735 ILCS 5/22-105. The appellate court is directed to vacate the imposition of frivolous filing costs and fees.


text:
    PEOPLE State of Illinois, respondent, v. Brian LEWIS, petitioner.
    No. 123847
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. William J. ROSS. petitioner.
    No. 123848
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Richard COOKE et al., respondents, v. MAXUM SPORTS BAR & GRILL, LTD., petitioner.
    No. 123851
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Ernest R. JENKINS, petitioner.
    No. 123854
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Frank J. SCARPELLI, Jr., et al. (Margaret Scarpelli, petitioner, v. McDermott Will & Emery LLP, respondent).
    No. 123855
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Parish WILSON, petitioner.
    No. 123462
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Marcus Antoine ROGERS, petitioner.
    No. 123857
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Tommy JONES, petitioner.
    No. 123858
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent v. Theopheus JONES, petitioner.
    No. 123859
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Martel HALBERT, petitioner.
    No. 123868
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Elizabeth ALLARD, petitioner, v. RAYVAC PLASTIC DECORATORS, INC., et al., etc., respondents.
    No. 123871
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Joshua ENRIQUEZ, petitioner.
    No. 123874
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Andrew DAVIS, petitioner.
    No. 123875
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Christopher A. CARTER, petitioner.
    No. 123878
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. James H. ELY, Jr., petitioner.
    No. 123467
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Kenneth MCDONALD, petitioner.
    No. 123468
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Bodey COOK, petitioner.
    No. 123471
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Scott PETERS, petitioner.
    No. 123475
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Sara NADEN, respondent, v. The FIREFIGHTERS' PENSION FUND OF THE SUGAR GROVE FIRE PROTECTION DISTRICT, petitioner.
    No. 123477
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Kenneth DALTON, petitioner.
    No. 123484
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Michael G. TATERA, petitioner.
    No. 123832
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Adrienne JETT, petitioner, v. ZEMAN HOMES, INC., respondent.
    No. 123499
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Lanard GAYDEN, petitioner.
    No. 123505
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Allowed.


text:
    PEOPLE State of Illinois, respondent, v. Eric M. PENCE, petitioner,
    No. 123510
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Jeremiah HOWARD, petitioner.
    No. 123497
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Gregory PELLICO, Indv., etc., petitioner, v. Lorraine MORK, Ex'r, etc., respondent.
    No. 123506
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Lazaro GARCIA, petitioner, v. Laura GOETZ et al., respondents.
    No. 123840
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Daniel LAWRENCE, petitioner.
    No. 123509
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Pablo COLON, petitioner.
    No. 123864
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Paul JOHNSON, petitioner.
    No. 123512
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    GUTERMAN PARTNERS ENERGY, LLC, petitioner, v. BRIDGEVIEW BANK GROUP, respondent.
    No. 123513
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Errick BROWN, petitioner.
    No. 123867
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Rebecca MINICK, petitioner.
    No. 123463
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    TRI-STATE WATER TREATMENT, INC., et al., v. Michael BAUER et al., etc., respondents (Aquione, Inc., etc., petitioner).
    No. 123519
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Linsford GILL, petitioner.
    No. 123870
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Jane DOE, a Minor, etc., et al., respondents, v. Chad COE et al. (The First Congregational Church of Dundee, Illinois, et al., petitioners).
    No. 123521
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Allowed.


text:
    IN RE ESTATE OF Ethel Marie PRYOR, Deceased (Kathy Ralph, petitioner, v. Michael Pryor, respondent).
    No. 123464
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    ROGERS CARTAGE COMPANY et al., respondents, v. The TRAVELERS INDEMNITY COMPANY et al., petitioners.
    No. 123469
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Joseph BOBBITT, petitioner.
    No. 123474
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Michael S. AXTELL, petitioner.
    No. 123476
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    Roscoe GILES, etc., petitioner, v. Robert PARKS, respondent.
    No. 123478
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Joseph PERRY, petitioner.
    No. 123480
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    James T. STRUCK, petitioner, v. SAFEWAY DOMINICK'S, respondent.
    No. 123483
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Antonio BRYANT, petitioner.
    No. 123520
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


text:
    PEOPLE State of Illinois, respondent, v. Willie HARRISON, petitioner.
    No. 123515
    Supreme Court of Illinois.
    September 26, 2018
    Petition for Leave to Appeal Denied.


author: David, J., dissenting.

text:
    Jennifer SANDERS, Appellant(s), v. Bryan SANDERS, Appellee(s).
    42A01-1606-DR-01340
    Supreme Court of Indiana.
    FILED November 3, 2017
    Order
   This matter has come before the Indiana Supreme Court on a petition to transfer jurisdiction, filed pursuant to Indiana Appellate Rules 56(B) and 57, following the issuance of a decision by the Court of Appeals. The Court has reviewed the decision of the Court of Appeals, and the submitted record on appeal, all briefs filed in the Court of Appeals, and all materials filed in connection with the request to transfer jurisdiction have been made available to the Court for review. Each participating member has had the opportunity to voice that Justice's views on the case in conference with the other Justices, and each participating member of the Court has voted on the petition.

Being duly advised, the Court DENIES the petition to transfer.

Massa, J., Slaughter, J., and Goff, J., vote to deny transfer.

David, J., dissents to the denial of transfer with separate opinion in which Rush, C.J., concurs.

David, J., dissenting.

I respectfully dissent from the denial of transfer in this case. I would grant transfer and remand to the trial court so that the parties could either stipulate to a summary proceeding or have a contested hearing.

Here, Mother filed a petition to modify custody. Prior to the scheduled hearing date, the trial court met with the parties in chambers. Once on the record, the trial court stated:

the [c]ourt's [sic] had an opportunity to have counsel in Chamber and discuss the cause and hear arguments at length for the last hour or so. I have also been provided and read the Guardian Ad Litem, Ms. Shawna Webster's, reports.... Based on the discussion with counsel and argument on their positions ....[M]y approach to it, after our discussion in Chambers, was that I would prefer to do this, is I think there's some things that counsel want's [sic] to submit and we'll do that but I would like to have the opportunity to meet with Ms. Webster....So my preference is I know the issues. I think counsel have been able to basically stipulate everything ... to know just where we're at and I think that would be the best resolution. What I am going to do is ask counsel to submit what they have this morning. I don't know that and I think counsel acknowledges there's not a lot of testimony that you folks could provide that's not already known and that's not agreed. There's not probably a lot of cross examination that can occur....The issues are where we're at on this young lady and her age and school situations and parenting time balancing....

(Tr. 2-4.)

Mother's counsel did not offer any exhibits as he acknowledged that the Court would be speaking to the Guardian Ad Litem (GAL), who could provide any necessary information. Father's counsel offered a parenting time proposal. Mother's counsel did not object to the admissibility of the document, but urged the court to consider its weight after speaking to the GAL. The court heard no arguments from counsel, offered them the opportunity to submit proposed entries and stated that it would rule after it had an opportunity to meet with the GAL. After the hearing, the GAL submitted a supplemental report that responded to Father's exhibit. Consistent with her prior most recent report, she continued to recommend that primary custody be modified to Mother. However, the court did not meet with the GAL. It then issued an order denying Mother's petition to modify custody. Mother then appealed challenging the due process she received and arguing that there was a substantial change in circumstances so as to warrant the custody modification.

Our Court of Appeals found that pursuant to Bogner v. Bogner, 29 N.E.3d 733 (Ind. 2015), because Mother did not object to the summary nature of the proceedings, she waived any objection (and thus, her due process rights were not violated). In Bogner, a child support modification case, the trial court asked the parties "[a]re we doing this by summary fashion?" Id. at 739. Mother's counsel responded: "[o]h yes," and father's counsel also responded "[w]e are, your Honor." Id. Neither party objected to the nature of the proceedings. Father later appealed, essentially challenging the form of the proceedings. Id. This Court noted the value and efficiency afforded by summary proceedings and held that the father had waived any objection to the summary nature of the proceeding: "if [f]ather did not want to proceed summarily and believed that a full evidentiary hearing was necessary, that objection should have been raised at the time of the hearing. Only at that point would it be appropriate for [f]ather to assert that there was other evidence relevant to the modification determination." Id. at 741. We also held similarly in Reynolds v. Reynolds, 64 N.E.3d 829, 834 (Ind. 2016), that the father failed to preserve any error regarding the summary nature of contempt proceeding by failing to object to the form of the proceeding.

Mother compares her situation to that in Wilson v. Myers, 997 N.E.2d 338 (Ind. 2013). In Wilson, the trial court announced its intent to proceed summarily and refused father's request for an evidentiary hearing. Id. at 339. This Court reversed and remanded for an evidentiary hearing finding that under the circumstances of that case, the trial court abused its discretion. Id. at 342.

I do not believe this case fits squarely into the facts of Bogner or Wilson. Here, Mother did not request an evidentiary hearing, but the trial court did state its preference of disposing of the matter without one. Also, while Mother did not object to the proceeding, I do not believe this can even be fairly characterized as a summary proceeding as no arguments were presented; none of the discussion in chambers is on the record. Additionally, it seems that Mother agreed to the proceeding, at least in part, because the trial court judge represented that he would be speaking to the GAL. However, he did not do so. Under the circumstances of this case, I do not believe Mother waived her right to have some additional proceeding. As such, I would grant transfer and remand the matter back to the trial court for either a stipulated summary proceeding on the record or for a contested hearing.

Rush, C.J., concurs.


author: Per curiam.

text:
    In the MATTER OF Edward R. HALL, Respondent.
    Supreme Court Case No. 98S00-1703-DI-152
    Supreme Court of Indiana.
    Filed October 18, 2018
    RESPONDENT PRO SE: Edward R. Hall, North Fort Myers, Florida
    ATTORNEYS FOR INDIANA SUPREME COURT DISCIPLINARY COMMISSION: G. Michael Witte, Executive Director, Seth Pruden, Staff Attorney, Indianapolis, Indiana
    Attorney Discipline Action
   Per curiam.

We find that Respondent, Edward R. Hall, committed attorney misconduct by, among other things, disobeying a subpoena and causing another witness to do the same, neglecting clients' cases, and engaging in a pattern of dishonesty. For this misconduct, we conclude that Respondent should be disbarred.

This matter is before the Court on the report of the hearing officer appointed by this Court to hear evidence on the Indiana Supreme Court Disciplinary Commission's verified disciplinary complaint. Respondent's 2000 admission to this state's bar subjects him to this Court's disciplinary jurisdiction. See IND. CONST. art. 7, § 4.

Procedural Background and Facts

The Commission filed a three-count "Disciplinary Complaint" against Respondent on March 17, 2017, and we appointed a hearing officer. Following an evidentiary hearing, the hearing officer issued his report on August 7, 2018, finding Respondent committed violations as charged. Neither party has filed a petition for review of those findings or a brief on sanction.

Count 1 . A parcel of improved real estate ("Property"), once owned by Respondent, was transferred to a "Land Trust" in 1995. Laura Hanus, Respondent's girlfriend (and later Respondent's legal secretary after Respondent was admitted to the Indiana bar), became the 100% beneficiary of the Land Trust soon thereafter. In 2012, the Property became subject to a tax sale due to the nonpayment of property taxes for several years. Respondent represented the Land Trust in legal proceedings that followed, and during those proceedings an issue arose regarding whether Respondent still had an ownership interest in the Property. Respondent failed to comply with discovery and soon was facing motions from the Lake County Auditor for sanctions and to disqualify Respondent from representing the Land Trust. The trial court scheduled a hearing on sanctions for September 4, 2014, at 9:00 a.m., and Respondent and Hanus were subpoenaed to appear. Respondent falsely informed Hanus that the hearing would not occur and she need not honor the subpoena. When neither Respondent nor Hanus appeared for the hearing at 9:00 a.m., the presiding magistrate called Respondent's law office, spoke with Hanus, and advised her that she and Respondent needed to appear in court later that morning or be subject to contempt. Respondent and Hanus then complied.

Count 2 . Respondent represented "Client 2," a manufacturer, in an action against a seller and a rival manufacturer. The fee agreement was not reduced to writing. Client 2 offered, and Respondent accepted, a trailer valued at $9,000 as a retainer. Shortly thereafter Client 2 paid an additional $5,000 at Respondent's request. Six months after the suit was filed, Respondent sought an additional $5,000 from Client 2, who indicated an inability to pay. Respondent then stated he would convert the agreement to a contingency agreement. However, that agreement was not reduced to writing and the percentage contemplated for Respondent's fee is not known.

Meanwhile, Respondent had not forwarded discovery requests to Client 2, and Respondent began avoiding responding to Client 2's inquiries. Respondent's failure to comply with discovery led to sanctions against Client 2 and an order to comply. Respondent did not inform Client 2 of these events until two days after the deadline to comply, when Respondent told Client 2 he had five days to gather telephone and sales records spanning seven years. In February 2015, the court dismissed Client 2's suit and ordered Client 2 to pay attorney fees. Respondent did not inform Client 2 of these events. Months later, the seller sought to place a hold on Client 2's bank account; when Client 2 asked Respondent about this, Respondent told him not to worry.

While that suit was still pending, in June 2014 Client 2 separately was sued by a supplier for nonpayment, and Respondent agreed to represent Client 2 in that matter as well. Unbeknownst to Client 2, Respondent took no action in that matter, a judgment was entered against Client 2, and the supplier later placed a hold on Client 2's bank account. When Client 2 contacted Respondent about this, Respondent falsely told Client 2 that he had filed the proper papers in that case. Client 2 later settled that matter on his own.

In February 2016, Client 2 sued Respondent for malpractice. Respondent failed to answer or appear for the default hearing and a $353,000 judgment was entered against him. As of the final hearing in this matter, Respondent has made no payments to Client 2 toward satisfaction of this judgment.

Count 3 . "Client 3" previously had hired another attorney ("Predecessor Counsel") to bring action against a contractor or others in connection with construction defects in Client 3's home. Predecessor Counsel failed to file suit, resulting in loss of some of Client 3's claims. Client 3 then hired Respondent to represent him in contemplation of a similar construction-defect suit against the general contractor, and also in contemplation of a legal malpractice action against Predecessor Counsel. Predecessor Counsel passed away, and Respondent did not take any further action against Predecessor Counsel or his estate. Client 3 additionally hired Respondent to file breach-of-contract actions against two other companies ("Company A" and "Company B") that had provided services on the home.

Respondent falsely told Client 3 that a suit against the general contractor had been filed and that the matter was proceeding in arbitration. Still later, Respondent falsely told Client 3 that all four of his cases had been filed in court. In December 2014, after receiving unsatisfactory information from Respondent about his cases, Client 3 went to the courthouse to conduct a search for his cases and discovered that no cases had been filed on his behalf. Client 3 then sought an "inventory" of his cases from Respondent, who did not respond.

In March 2015, Client 3 submitted a grievance against Respondent to the Commission. In June 2015, just days after responding to the grievance, Respondent filed suits on behalf of Client 3 against Company A and Company B. Without Client 3's knowledge or authorization, Respondent settled the suit against Company A in July 2015 and received a settlement check for $604. The suit against Company B proceeded to trial. Respondent failed to appear for a scheduled meeting with Client 3 in advance of trial and failed to prepare adequately for trial, which resulted in judgment being rendered in favor of Company B.

As the disciplinary investigation was pending, Respondent sent Client 3 a letter in September 2015 that included numerous false statements regarding Respondent's representation of Client 3 and a fictitious email purportedly sent by Respondent to Client 3 in July 2015. Enclosed with that letter was the settlement check Respondent had received from Company A.

Discussion

The Commission alleged, and the hearing officer concluded, that Respondent violated the following Indiana Rules of Professional Conduct:

1.2(a): Failing to abide by a client's decision whether to settle a matter.
1.3: Failing to act with reasonable diligence and promptness.
1.4(a)(2): Failing to reasonably consult with a client about the means by which the client's objectives are to be accomplished.
1.4(a)(3): Failing to keep a client reasonably informed about the status of a matter.
1.4(a)(4): Failing to comply promptly with a client's reasonable requests for information.
1.4(b): Failing to explain a matter to the extent reasonably necessary to permit a client to make informed decisions.
1.5(c): Failing to have a contingent fee arrangement reduced to writing and signed by the client.
1.8(a): Entering into a business transaction with a client unless the transaction is fair and reasonable, the terms are fully disclosed in writing, the client is given written advice of the desirability of seeking and the opportunity to seek the advice of independent counsel, and the client consents in writing to the transaction.
3.3(a): Knowingly making or failing to correct a false statement of material fact made to a tribunal.
3.4(c): Knowingly disobeying an obligation under the rules or an order of a court.
4.4(a): Using means to represent a client that have no substantial purpose other than to embarrass, delay, or burden a third person.
8.4(c): Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
8.4(d): Engaging in conduct prejudicial to the administration of justice.

When, as here, neither party challenges the findings of the hearing officer, "we accept and adopt those findings but reserve final judgment as to misconduct and sanction." Matter of Levy , 726 N.E.2d 1257, 1258 (Ind. 2000). On these facts, and as charged by the Commission, we decline to find a violation of Rule 3.3(a). In all other respects, we conclude that Respondent violated the rules as charged.

The hearing officer found no mitigating factors, nor do we. The hearing officer found several aggravating factors, including among other things Respondent's prior discipline, his pattern of dishonesty, and the significant financial harm suffered by Client 2 as a result of Respondent's misconduct. We agree with those findings and need expound only briefly upon them. In Count 1, Respondent disobeyed a subpoena and caused Hanus, his girlfriend and legal secretary, to do the same by lying to her, actions that placed both of them in legal peril. Respondent significantly neglected his representations of Clients 2 and 3, lied to both of them at multiple junctures, and during the pendency of the disciplinary investigation fabricated an email purportedly sent to Client 3. Respondent's dishonesty and neglect severely harmed Client 2 and led to a six-figure default judgment against Respondent for legal malpractice. Respondent moved to Florida during the pendency of the malpractice suit and to date has made no payments toward satisfaction of that judgment.

"In exercising our disciplinary authority, we have an obligation to protect the public and the profession from the tactics of unscrupulous lawyers." Matter of Johnson , 53 N.E.3d 1177, 1180 (Ind. 2016). Respondent's disregard of legal obligations, his neglect of clients' cases and his own malpractice case, and his pervasive dishonesty, all persuade us that disbarment is warranted in this case.

Conclusion

Respondent already is under an order of suspension for failing to fulfill his continuing legal education requirements. For Respondent's professional misconduct, the Court disbars Respondent from the practice of law in this state effective immediately. Respondent shall fulfill all the duties of a disbarred attorney under Admission and Discipline Rule 23(26). The costs of the proceeding are assessed against Respondent, and the hearing officer appointed in this case is discharged.

All Justices concur.

      Respondent received a private administrative admonition in 2001.


author: All Justices concur.

text:
    In the MATTER OF: Thomas W. BELLEPERCHE, Respondent
    Supreme Court Case No. 18S-DI-83
    Supreme Court of Indiana.
    Filed October 25, 2018
    Published Order Accepting Resignation and Concluding Proceeding
    Respondent has tendered to this Court an affidavit of resignation from the bar of this State, pursuant to Indiana Admission and Discipline Rule 23(17), which requires an acknowledgement that there is presently pending an investigation into or a proceeding involving allegations of misconduct and that Respondent could not successfully defend himself if prosecuted.
    IT IS THEREFORE ORDERED that the resignation from the bar of this State tendered by Respondent is accepted effective immediately. The Clerk of this Court is directed to record Respondent's resignation on the Roll of Attorneys. Respondent shall fulfill all the applicable duties under Admission and Discipline Rule 23(26).
    IT IS FURTHER ORDERED that any attorney disciplinary proceedings pending against Respondent are hereby dismissed as moot because of Respondent's resignation.
    Respondent shall be ineligible to petition for reinstatement to the practice of law for five years from the date of this order. See Admis. Disc. R. 23(18)(b). If Respondent seeks reinstatement, the misconduct admitted in Respondent's affidavit of resignation, as well as any other allegations of misconduct, may be addressed in the reinstatement process. Approval of a petition for reinstatement is discretionary and requires clear and convincing evidence of the petitioner's remorse, rehabilitation, and fitness to practice law. Id. Acceptance of Respondent's resignation from the bar serves only to remove Respondent from the practice of law and does not relieve Respondent from any liability he might have for his misconduct under civil or criminal law.
    The costs of this proceeding are assessed against Respondent. With the acceptance of this resignation, the hearing officer appointed in this case is discharged.
   All Justices concur.


text:
    In the MATTER OF: John H. DAVIS, Respondent
    Supreme Court Case No. 18S-DI-412
    Supreme Court of Indiana.
    FILED October 25, 2018
    Published Order Imposing Reciprocal Discipline
   Loretta H. Rush, Chief Justice of Indiana

The Indiana Supreme Court Disciplinary Commission filed a verified "Notice of Foreign Discipline and Petition for Issuance of an Order to Show Cause," advising that Respondent was disciplined by the United States Court of Appeals for the Seventh Circuit ("Seventh Circuit") and requesting, pursuant to Indiana Admission and Discipline Rule 23(20), that reciprocal discipline be imposed in this state. On August 14, 2018, this Court issued an "Order to Show Cause," to which both parties have submitted responsive pleadings.

Respondent was admitted to practice law in Indiana and in the Seventh Circuit.

On May 29, 2018, the Seventh Circuit issued an order removing Respondent from the roll of attorneys admitted to practice law in the Seventh Circuit for failure to comply with court rules and for unprofessional conduct.

The Court finds that there has been no showing, pursuant to Admission and Discipline Rule 23(20)(e)(1)-(3), of any reason why reciprocal discipline should not be issued in this state. However, the Court does find, pursuant to Rule 23(20)(e)(4), that the misconduct established warrants substantially different discipline in this state.

Being duly advised, the Court orders Respondent suspended from the practice of law in this state for a period of 30 days, effective immediately. Respondent shall fulfill all the duties of a suspended attorney under Admission and Discipline Rule 23(26). At the conclusion of the period of suspension, provided there are no other Indiana suspensions then in effect, Respondent shall be automatically reinstated to the practice of law in this state, subject to the conditions of Admission and Discipline Rule 23(18)(a).

The costs of this proceeding are assessed against Respondent.

All Justices concur.