Elder Justice Prosecutor Samples

Argues Court must affirm circuit court's judgment because: defendant failed to show due process prevents legislature from characterizing misuse of assets in a fiduciary relationship as financial exploitation of an elderly person; trial court did not abuse its discretion refusing motion for bill of particulars; jury was correctly instructed; defendant failed to show trial court's communication to jury denied due process; record evidence proved guilt beyond reasonable doubt

Argues Court must reverse conviction or, in the alternative, reverse conviction and remand case to circuit court because: Financial Exploitation of The Elderly Statute violates due process; failure to grant motion for bill of particulars denied appropriate defense; jury instructions failed to explain elderly financial exploitation law; trial court improperly communicated with jury; evidence failed to establish guilt of elderly financial exploitation

Argues Court must affirm trial court's judgment because: adoptions do not divest appellees' remainder interests; Diller Trusts exclude adopted adults; Hughes' conveyance was a breach of duty

Argues Court must reverse conviction for elder financial exploitation or, in the alternative, reverse conviction and remand case to circuit court because: financial exploitation of the elderly statute violates due process; failure to grant motion for a bill of particulars denied appropriate defense; jury instructions failed to explain elder financial exploitation; trial court improperly communicated with jury during deliberations; evidence failed to establish guilt for financial exploitation of the elderly

Charges 1 Count: Aggravated Battery; Charges 2 Counts: Abuse/Neglect of Elderly or Disabled by Caregiver (2012)

Charges 12 Counts: Financial Exploitation of An Elderly Person or A Person with a Disability; Charges 6 Counts Theft; Charges 4 Counts Aggravated Identity Theft of Person 60 Years of Age or Older; Charges 6 Counts: Forgery (2011)

Alleges: Count I - Nursing Home Care Act; Count II - Wrongful Death - Common Law Negligence

Alleges: Count I - Center Home for Hispanic Elderly North, LLC - Illinois Nursing Home Care Act; Count II - Extended Care Consulting, LLC - Illinois Nursing Home Care Act; Count III - Extended Care Consulting, LLC - Institutional Negligence; Count IV - Center Home Property, LLC - Illinois Nursing Home Care Act; Count V - Eric Rothner - Illinois Nursing Home Care Act; Count VI - Eric Rothner - Direct Participant Liability

Alleges: Count I - Breach of Fiduciary Duty; Count II - Conversion; Count III - Common Law Fraud

Requests Court: appoint guardian ad litem; declare Norma A. Cecchini incompetent to manage affairs since October 2008; declare Petitioner successor trustee; restore Trust to October 2008 Agreement; declare any Trust property transfer after October 2008 invalid; instruct Trustee to pay litigation fees from Trust

Requests Court grant rehearing because: there was no evidence medication decision followed surgery; there was no testimony about appropriateness of medical decisions; there was no evidentiary basis money was retained; trial court mischaracterized evidence

Argues Court must remand case for stage three evidentiary hearings and reverse lower court's grant of motion to dismiss, its denial of ballistics testing, its motions to supplement and its motion for discovery because lower court did not appreciate appellant's post-conviction pleadings

Argues Court must reverse convictions, pursuant to issue three, or, pursuant to issues one or two, reverse convictions and remand for a new trail or, in the alternative, grant either a new sentencing hearing or a reduced sentence on a single conviction, pursuant to issues four, five or six because: trial court erroneously sustained hearsay objections; trial judge mischaracterized trial evidence; state did not prove beyond a reasonable doubt appellant knew her authority as agent under nondurable power of attorney had terminated; trial court relied on assumption cash was taken and assumption appellant did not act in best medical interests

Argues Court must answer certified question in the affirmative because the Nursing Home Care Act does not state "punitive damages"

Charges 2 Counts: Aggravated Identity Theft of Person 60 Years of Age or Older; Charges 2 Counts: Financial Exploitation of Elder or Disabled Person; Charges 3 Counts: Theft; Charges 8 Counts: Forgery (2011)

Charges 1 Count: Aggravated Identity Theft of Person 60 Years of Age or Older; Charges 4 Counts: Financial Exploitation of An Elderly Person or A Person with a Disability; Charges 4 Counts: Theft; Charges 4 Counts: Forgery (2011)

Requests Court: reverse order on each of four Motions to Admit; allow withdrawal of Motions to Admit with respect to prior statements; allow introduction of prior statements at trial; reverse ruling on previous trial testimony; allow previous trial testimony as substantive evidence (2011)

Argues Court must reverse majority appellate court ruling and affirm trial court's denial because: appellee's motion for substitution of judge for a hearing on the merits is deficient for cause; the majority opinion failed to evaluate judicial bias allegations; the majority opinion limits the court's obligation to protect its ward

Argues Court must reverse appellate court findings and affirm trial court's rulings because: appellee's statement of facts is unfounded; professional responsibility rules have not been violated; trial court complied with its duties

Argues Court must affirm appellate court's judgment to award respondent costs because: attorneys knowingly failed to correct false material statements of fact; petition showed judicial bias by announcing the outcome of a motion not heard; trial court erred not granting motion to dismiss emergency petition to revoke agency; trial court erred not granting motion for accounting; there is no Probate Act authority to suspend an agent's power of attorney; all orders entered by judge after denial of motion for judge's suspension for cause are void

Argues Court must reverse decision and allow appellant to seek punitive damages because: Nursing Home Care Act provides basis for punitive damages; equitable considerations exist allowing punitive damages

Argues Court must reverse appellate court's decision, reverse circuit court's order and remand case to trial court because: punitive damages are recovered under Nursing Home Care Act; punitive damages survive death of an injured nursing home resident; punitive damages are part of a regulatory scheme; equitable considerations favor punitive damages

Orders court reported and video evidence deposition and advises Court on premises (2010)

Requests Court enter order in limine to admit audiovisual evidence deposition of deceased victim's testimony (2009)

Requests Court Order evidentiary deposition of 73 year old disabled crime victim by stenographic and audiovisual recording to preserve testimony for trial (2009)