Constitutional law — facially unconstitutional found to have merit

Posted April 19, 2019 3:05 PM

Where a statutory scheme that does not implicate a fundamental right is rationally related to a legitimate state purpose, demonstrating that it is overinclusive, underinclusive, or both, is not sufficient to render it unconstitutional on its face.The 1st District Court affirmed the decision of Cook County Associate Judge Lauren Gottainer Edidin.Juan Rodriguez was found not guilty of aggravated criminal sexual assault in 2013, concluding that he was unfit to stand trial. The trial court, based on his inability to understand …

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Civil procedure — additur

Where a court agreed to alter a jury award under additur as inconsistent with the verdict, the court must either obtain the defendant’s consent or initiate a new trial on damages.
Social Security — detail of ALJ opinion

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Torts — proximate cause

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Sentencing — application note

Where court declined to revisit precedent deferring to application note’s interpretation of provision of Sentencing Guidelines.
Criminal procedure — denial of sentencing credit

Where defendant petitions seeking sentencing credit and the petition is denied, the denial is not a final or appealable order and the appellate court lacks jurisdiction to consider it.
Family law — dissolution of marriage proceedings

Where a party in an ongoing dissolution of marriage proceedings is ordered to pay attorney fees for a related probate proceeding, that order is not final and appealable.
Sentencing — conspiracy

Where government could prove defendant joined smaller conspiracy than what was alleged in the indictment, conviction was affirmed.
Criminal law — void ab initio conviction

Where defendant pleads guilty due to the threat of being impeached by a prior conviction later found void ab initio and is sentenced based on the same conviction, he has suffered a constitutional violation.