Morgan Hermanson Attorney at Law

08/20/2025

Our Office

02/23/2023

We've had a lot of people contact us and stop in already.

For those who don't know, we moved to 2812 North Center in Maryville. It's right next to Barry Wilson Funeral Home and the old Buffalo Park.

Our number is still the same 618-223-8200.

07/13/2021

CASE LAW TUESDAY

Domestic Battery | 2d Dist.
People v. Ward, 2021 IL App (2d) 190243 (July 7, 2021) Kane Co. (BIRKETT) Reversed.

State's argument that it was not required to prove that Defendant's wife was insulted or provoked, which was accepted by court and argued to the jury, was a clear and obvious error, as what Defendant's wife felt and thought did matter. Evidence overwhelmingly favored Defendant such that the jury could not have concluded otherwise. Court erred in denying Defendant's motion for directed verdict. Appellate court does not have the authority to overrule Illinois Supreme Court's order assigning a judge of the 15th Circuit to preside over this case. (McLAREN, concurring; ZENOFF, concurring in part and dissenting in part.)

05/10/2021

https://www.dailyherald.com/news/20210507/man-finally-released-after-mchenry-murder-conviction-overturned-3-times-

After being convicted by three juries and serving nearly 20 years in prison for the 2001 murder of a McHenry restaurant owner, Kenneth Smith walked out of Lawrence Correctional Center as a free man Thursday.

05/06/2021

Closing Arguments

Evans v. Jones, No. 19-3466 (May 5, 2021) N.D. Ill., E. Div. Affirmed

Dist. Ct. did not err in granting defendant's habeas petition that challenged his murder conviction on ground that prosecutor committed misconduct by misstating evidence in record when asserting during closing argument that key witness recanted his prior identifications of defendant as shooter because investigator sent by co-defendant had intimidated witness to change his testimony. While Illinois Appellate Court found that prosecutor's statements were proper, because witness had testified that he did in fact meet with investigator sent by co-defendant, close examination of record indicated that witness never testified that investigator had been sent by co-defendant. As such, Appellate Court's determination that prosecutor's comments were proper was objectively unreasonable, and said statements deprived defendant of fair trial, since: (1) prosecution's only evidence linking defendant to shooting was witness' initial identifications of defendant as shooter; and (2) prosecutor's misstatement of evidence that suggested that witness was afraid to testify truthfully made witness' pre-trial version of events appear more credible to jury than his trial testimony that recanted his identifications of defendant as shooter. (Dissent filed.)

05/03/2021

Motion to Suppress | 1st Dist.

People v. Harris, 2021 IL App (1st) 182172 (March 5, 2021) Cook Co., 6th Div. (HARRIS) Reversed and remanded with directions.
Defendant filed postconviction petition alleging that his pretrial statements were the product of police coercion and for relief he requested a new suppression hearing. Court's denial of request was manifestly erroneous. Defendant's new evidence established that detective McDermott, who was one of his arresting officers and one of the detectives investigating his cases, worked from Area 2 while Jon Burge was commander there ad that he also engaged in abusive practices. Defendant's allegations of the specific physical abuse and torture that McDermott used are similar to findings in others reports about McDermott. This new evidence was conclusive enough that the outcome of the suppression hearing likely would have been different if McDermott had been subject to impeachment based on the new evidence. (CONNORS and ODEN JOHNSON, concurring.)

05/03/2021

Due Process | 5th Dist.

People v. Prante, 2021 IL App (5th) 200074 (April 12, 2021) Madison Co. (CATES) Reversed and remanded.
Defendant was convicted, after jury trial, of murder. Defendant presented compelling documentation undermining the scientific foundation of bite mark comparison evidence, including whether Board-certified forensic odontologists can reliably identify an injury as a human bite mark. Defendant made a prima facie showing that the conclusive nature of the State's expert witnesses' testimony deprived him of his right to due process. State presented circumstantial evidence of Defendant's guilt, even absent the State's expert testimony on bite mark analysis.(MOORE and WHARTON, concurring.)

05/03/2021

Aggravated DUI | 1st Dist.

People v. Schreiner, 2021 IL App (1st) 190191 (April 21, 2021) Cook Co., 3d Div. (ELLIS) Vacated and remanded with directions.
Defendant was convicted, after stipulated bench trial, of aggravated DUI. Defendant sought to exclude incriminating statements made by Defendant and his wife and results of sobriety and blood-alcohol tests conducted at his home and at police station, and evidence of damaged vehicle inside his locked garage. State failed to offer any proof of voluntary consent to warrantless entry, which was an unreasonable search. Conviction vacated, and remanded for an attenuation hearing with directions that if court finds that all evidence that Defendant seeks to suppress was attenuated from the taint of the warrantless entry and is thus admissible, court is to reinstate judgment of conviction. Other specific directions given if court finds that some evidence was attenuated. If court finds that none of the evidence was attenuated and thus all should be suppressed, judgment of acquittal to be entered. (HOWSE and McBRIDE, concurring.)