Voting rights — right to elected representation

Posted October 1, 2018 3:39 PM

Updated October 2, 2018 3:43 PM

Where a public office is filled by appointment and not by direct election, the public does not have an inherent right to fill the office via election and so cannot sue for the violation of this right.The 1st District Appellate Court affirmed the decision of Cook County Circuit Judge Michael T. Mullen.On Oct. 5, 2016, former Gov. Patrick Quinn and five other plaintiffs, filed two simultaneous suits, one in the federal district court and one in Cook County Circuit Court, both challenging Section 34-3 of the School Code. The …

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Civil procedure — involuntary admission

Where the state files for involuntary admission, it must give the subject the opportunity to prepare a defense against involuntary admission and may not change the admission basis without notice.
Sentencing — speculative information

Where district judge made reference to missing firearms from burglary and possible location of said firearms at sentencing, remark was not the basis for entire sentence and did not constitute impermissible speculative information.
Insurance — evidence from underlying litigation

Where there is no ambiguity in a liability insurance policy, a court giving a declaratory judgment need not admit elements from the underlying suit unless it deems them necessary.
Immigration — appellate jurisdiction

Where immigration judge denied discretionary cancellation of removal on the basis of petitioner’s criminal record, panel lacked jurisdiction to review decision without colorable question of law.
Insurance — innocent insured

Where an insurance policy bars recovery in cases of misappropriation, an innocent insured may recover despite a coinsured’s misconduct unless the policy specifically prohibits it.
Criminal procedure — certificate of innocence

Where a defendant seeks a certificate of innocence he must demonstrate innocence of all acts charged in the indictment, not merely those of which he was convicted.
42 U.S.C. Sec. 1983 — discrimination in contract negotiations

Where large television distributors refused to pay retransmission fees to new owner of small-regional television stations, disparity in market power between former and current owner of stations served as race-neutral reason for decision.
Criminal procedure — pretrial release

Where defendant is arrested while on pretrial release for a felony, the state does not need to show that no condition would mitigate the danger he poses in order to revoke his release.