Civil procedure — unripeness

Posted August 15, 2022 10:40 AM

Where a plaintiff alleges a public act is a constitutional violation, he must demonstrate extant instances where an individual’s constitutional rights were violated or the matter is not yet ripe.The 4th District Appellate Court affirmed the decision of Sangamon County Circuit Judge Ryan M. Cadagin.Public Act 102-693 was signed into law on Jan. 7, 2022, amending section 2f-2 of the Circuit Courts Act and creating the Judicial Circuits Districting Act of 2022 (Judicial Circuits Act). The public act provided for the division …

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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.
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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.
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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.
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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.