Articles Posted in Constitutional Law

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Brooks was charged with driving under the influence (625 ILCS 5/11-501(a)(2) following a single-vehicle motorcycle accident. The state subpoenaed blood test results from the hospital where Brooks was taken after the accident. He moved to suppress the results on the ground that the blood draw was a governmental search conducted in violation of the Fourth Amendment. Brooks alleged that, after the accident, police officers forcibly “placed him in an ambulance and sent him to the hospital,” even though he had refused medical treatment. The circuit court granted defendant’s motion. The appellate court affirmed. The Illinois Supreme Court reversed. Brooks presented no evidence that his blood was actually drawn at the hospital. Although this matter was within his personal knowledge, Brooks never testified that he was subjected to a blood draw but stated only that he refused to consent to having his blood drawn. In addition there was no evidence that any police officer sought or encouraged a blood draw or was even aware that one had been done. Even assuming blood was drawn at the hospital, it was a private search that did not implicate the Fourth Amendment. View "People v. Brooks" on Justia Law

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Defendant had worked as an intern at the radio station Blakey managed but was rejected for employment. After he repeatedly tried to contact station employees, defendant was informed that he was not welcome at the station and should stop making contact. He continued his behavior. Defendant was convicted of stalking (720 ILCS 5/12-7.3(a)(1), (a)(2)) and cyberstalking (720 ILCS 5/12-7.5(a)(1), (a)(2)), based on allegations that he called Blakey, sent her e-mails, stood outside of her place of employment, entered her place of employment, used electronic communication to make Facebook postings expressing his desire to have sex with Blakey and threatening her coworkers and employer and that he knew or should have known that his conduct would cause a reasonable person to fear for her safety and to suffer emotional distress. The appellate court vacated the convictions, finding subsection (a) of the statutes invalid. The Illinois Supreme Court affirmed, holding that the speech restrictions imposed by subsection (a) do not fit within any of the “historic and traditional” categories of unprotected speech under the First Amendment. Subsection (a) does not require that the prohibited communications be in furtherance of an unlawful purpose. Given the wide range of constitutionally protected activity covered by subsection (a), a substantial number of its applications are unconstitutional when judged in relation to its legitimate sweep. The portion of subsection (a) that makes it criminal to negligently “communicate[ ] to or about” a person, where the speaker knows or should know the communication would cause a reasonable person to suffer emotional distress, is facially unconstitutional. View "People v. Relerford" on Justia Law

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The Cook County circuit court found sections of the Juvenile Court Act of 1987 (705 ILCS 405/5-101(3), 5-605(1) unconstitutional as applied to Destiny who was 14 years old when she was charged with four counts of first-degree murder, one count of attempted murder, one count of aggravated battery with a firearm, three counts of aggravated unlawful use of a weapon, and one count of unlawful possession of a weapon. The court held that these sections, which do not provide jury trials for first-time juvenile offenders charged with first-degree murder, violated the equal protection clauses of the U.S. and Illinois Constitutions, but rejected the defense argument that these sections were unconstitutional on due process grounds. On direct appeal, the Illinois Supreme Court affirmed with respect to the due process challenge but reversed with respect to equal protection. Destiny cannot show that she is similarly situated to the comparison groups: recidivist juvenile offenders charged with different crimes and tried under one of two recidivist statutes. These are the only classes of juvenile offenders who face mandatory incarceration if adjudicated delinquent and the legislature has denied a jury trial only to the former. The two classes are charged with different crimes, arrive in court with different criminal backgrounds, and are tried and sentenced under different statutes with distinct legislative purposes. Due process does not mandate jury trials for juveniles. View "In re Destiny P." on Justia Law

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Gray and Carthon spent an evening drinking. The two had been friends for 20 years and had dated each other exclusively for two years, 15 years ago. The two regularly spent the night together and, on the night in question, had sex. In the morning, Gray began strangling Carthon and stabbed her with a knife. Gray was convicted of aggravated domestic battery (720 ILCS 5/12-3.3), after arguing that he wounded Carthon in self-defense. The appellate court held that the statutory definition of “family or household members,” as including “persons who have or have had a dating or engagement relationship. ... For purposes of this Article, neither a casual acquaintanceship nor ordinary fraternization between individuals in business or social contexts shall be deemed to constitute a dating relationship,” violated substantive due process as applied to defendant. The Illinois Supreme Court reversed the appellate court, first rejecting Gray’s challenge to the sufficiency of the evidence. The court applied the rational basis test, reasoning that the statutory definition does not deprive Gray of a fundamental right. The absence of a time limit on former dating relationships, as applied to the instant case, was reasonable and rationally related to the statutory purpose of curbing domestic violence. View "People v. Gray" on Justia Law

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Holman, then age 17, was convicted of the 1979 murder of an 83-year-old woman. Holman had a criminal history as a juvenile and confessed to his involvement in a crime spree that involved other murders. He had been diagnosed as mildly mentally retarded.Holman’s attorney told the court that Holman did not want to offer any mitigating evidence and that Holman’s mother did not want to testify on his behalf. Holman received a sentence of life without parole. His appeal and post-conviction petitions were unsuccessful. In 2010, Holman filed a pro se petition for leave to file a successive postconviction petition, arguing that his life sentence was unconstitutional under Supreme Court precedent. The appellate court rejected that argument because it was not raised before the trial court and noted that the sentence was not unconstitutional under Miller v. Alabama (2012) because Holman was “afforded a ‘sentencing hearing where natural life imprisonment [was] not the only available sentence.’ ” The Illinois Supreme Court held that Miller announced a new substantive rule of constitutional law that applied retroactively. On remand, the appellate court reached the merits, recognized that Supreme Court precedent requires trial courts to consider youth and its attendant characteristics before imposing life sentences on juveniles, and concluded that the trial court in this case did so. The Illinois Supreme Court affirmed the denial of relief. The trial court looked at the evidence and concluded that Holman’s conduct placed him beyond rehabilitation; his sentence passes constitutional muster. View "People v. Holman" on Justia Law

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Defendant was arrested when a Chicago police officer observed a revolver in defendant’s waistband. Police discovered that defendant lacked a Firearm Owner’s Identification (FOID) card. Defendant was charged: Counts I and III alleged that defendant carried a loaded, uncased, immediately accessible firearm (720 ILCS 5/24-1.6(a)(1), (a)(3)(A); (a)(2), (a)(3)(A)), and counts II and IV alleged that he did so without a FOID card (720 ILCS 5/24-1.6(a)(1), (a)(3)(C); (a)(2), (a)(3)(C)). After defendant’s arrest, the Illinois Supreme Court issued its 2013 “Aguilar” decision, holding that section 24-1.6(a)(1), (a)(3)(A), (d)(1) was facially unconstitutional because it violated the right to keep and bear arms, as guaranteed by the U.S. Constitution. The state entered a nolle prosequi on counts I and III. The circuit court granted defendant's to quash his arrest and suppress evidence with respect to counts II and IV on the ground that the officer only had probable cause to believe defendant was violating the statutory sections that were declared unconstitutional, so that probable cause was retroactively invalidated. The appellate court affirmed. The Illinois Supreme Court reversed. The void ab initio doctrine did not retroactively invalidate probable cause for defendant’s arrest because probable cause was predicated on a statute that was subsequently declared unconstitutional on federal grounds. Federal case law holds that probable cause for arrest would not be retroactively invalidated by subsequent declaration of a statute’s unconstitutionality on federal grounds. To hold that the void ab initio doctrine requires retroactive invalidation of probable cause would be tantamount to a repeal of the statute, which would violate separation of powers. View "People v. Holmes" on Justia Law

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The City of Chicago, charged defendants, members of the “Occupy Chicago” movement, with violating the Chicago Park District Code, which closes all Chicago public parks between 11 p.m. and 6 a.m. and prohibits people from being inside any park during these hours. The circuit court of Cook County dismissed the charges, finding the ordinance unconstitutional on its face and as applied to the defendants. The appellate court reversed, holding that the ordinance did not violate the defendants’ First Amendment right to assembly. On remand for review under the state constitution, the appellate court again reversed. The Illinois Supreme Court affirmed, first holding that the Illinois Constitution of 1970 is to be interpreted and applied in lockstep with the federal precedents interpreting and applying the assembly clause of the First Amendment of the U.S. Constitution. In arguing that the state constitution provided greater protection, the defendants forfeited any claim that the appellate court failed to properly conduct intermediate review under the applicable First Amendment jurisprudence. View "People v. Alexander" on Justia Law

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Nelson, and her codefendants, Hall, Cox, and Ball, were tried simultaneously but in severed bench trials for the armed robbery and stabbing death of Wilson. The prosecution produced five eyewitnesses, who gave generally consistent testimony. Police had followed a blood trail to the four defendants. There was DNA evidence linking defendants to the crime. All were found guilty. The appellate court rejected Nelson's argument that she was denied her sixth amendment right to conflict-free counsel where attorneys from the same law firm represented her and codefendant Hall and that the attorneys, in making their choice of defenses, decided to forgo asserting an innocence defense in favor of pursuing a joint defense of self-defense. The Illinois Supreme Court affirmed, finding that Nelson had not demonstrated an actual conflict. In light of the evidence, Nelson could not show that an innocence defense based on a lack of accountability was a plausible alternative defense. View "People v. Nelson" on Justia Law

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Appellate court erroneously declined to consider ineffective assistance of counsel claim on direct review where record was sufficient for consideration of that claim. A Coles County jury found Veach guilty of two counts of attempted murder, rejecting his theory that someone else committed the crimes. On direct review, defendant argued that his trial counsel was ineffective for stipulating to the admission of recorded statements of the state’s witnesses. The appellate court affirmed, finding the record inadequate to resolve the issue. The majority encouraged defendant to raise the issue in a postconviction petition. The Illinois Supreme Court reversed, holding that the record was sufficient for the appellate court to consider defendant’s ineffective assistance of counsel claim on direct review. The state had conceded that the appellate court should have addressed the claim, but argued that counsel’s decision to stipulate to the witnesses’ recorded statements was not prejudicial nor was it deficient performance. In Illinois, a defendant must generally raise a constitutional claim alleging ineffective assistance of counsel on direct review or risk forfeiting the claim; issues that could have been raised and considered on direct review are deemed procedurally defaulted. View "People v. Veach" on Justia Law

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Officer Lenover was patrolling near Irving Elementary School when he noticed a car parked “partially in” a T-intersection, about 15 feet from school property. It was a weekday. There were 80-100 children playing in the school yard. Lenover ran the license plate and discovered that the car was owned by defendant, a registered child sex offender. Lenover approached and verified that the driver was defendant. According to Lenover, defendant admitted that he knew he was not supposed to be around the school. Lenover arrested him. Defendant later testified that he had driven a friend to the school, to deliver lunches to the friend’s grandchildren while defendant waited in the car. The friend stated that she had been inside the school for four to five minutes. Defendant denied telling Lenover that he knew he was not supposed to be near the school. The court found defendant had violated 720 ILCS 5/11-9.3(b), which makes it unlawful for a child sex offender to knowingly loiter within 500 feet of a school while persons under the age of 18 are present, and sentenced him to 30 months’ probation. The appellate court affirmed, holding that a child sex offender who is neither a parent nor a guardian of a school child “loiters” if he remains within “the restricted school zone for any purpose, lawful or unlawful, while children under age 18 are present,” rejecting defendant’s contention that the statute is unconstitutionally vague. The Illinois Supreme Court affirmed, rejecting defendant’s “legitimate purpose” defense. View "People v. Howard" on Justia Law