Constitutional law — proportionate penalties clause

Posted June 5, 2023 11:28 AM

Where a new doctrine or rule of law is exclusively prospective in application, the lack of retrospective application does not violate the equal protection of laws or proportionate penalties clause.The 3rd District Appellate Court affirmed the decision of Peoria County Circuit Judge Katherine S. Gorman.Deon Wells was charged with first-degree murder in connection with the death of a 19-month-old child. Wells pleaded guilty in exchange for a 40-year maximum for his prison sentence. On Jan. 15, 2016, Wells was sentenced to 40 …

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Family law — adult disabled child support

Where a parent petitions for adult disabled child support, it may do so after the child has reached the age of majority if the child is not emancipated and the disability arose as a minor.
Civil procedure — remand

Where plaintiffs’ complaint contained one claim and multiple legal theories, defendants could not justify remand on the basis that one legal theory alleged violation of federal law.
Civil procedure — mootness

Where a petition for involuntary treatment is granted the petition may be reviewed even after the treatment has ended if it may recur or there is a public interest in settling the issue.
Civil procedure — standing

Where plaintiffs alleged economic harm based on theoretical risk of injury from potentially contaminated infant formula, theory was not sufficient to confer Article III standing.
Civil law — apparent agency

Where plaintiff receives a consent form indicating that their treating physician is not an agent of the hospital, this is not dispositive of an apparent agency relationship.
Civil law — shareholder derivative action

Where plaintiffs file a shareholder derivative action they must allege facts that provide reasonable doubt as to whether the board of directors could exercise independent and disinterested judgment.
Immigration — asylum, nexus

Where petitioner failed to show nexus between her past persecution and membership in protected group, petition for review of decision denying asylum and withholding of removal was denied.
Criminal procedure — pretrial release

Where defendant is arrested and released with instructions to appear for a court date, he is on pretrial release even though he has not yet appeared before the court.