Legal Question in Constitutional Law in Illinois
appeal
My sons case was vacated and remanded by the 7th court of appeals. The District court is filing a motion to have it reheard. The chief judge was on the ruling pannel. What are the statistics of cases being reversed in instances like this? The Case# is o3-3777. The case was a appeal to suppress evidence that was illegally siezed. The court ruled that my son's 4th amendment rights along with his girlfriends were violated in this case, and the judge should have thrown this evidence out. Thank You, Susan
1 Answer from Attorneys
Re: appeal
You ask about "instances like this", but "like this" is a very hard concept to define. Cases which are very much like each other in some ways are often very different in others, so what you mean by "like this" may be differ from what someone else -- even someone familiar with the case -- would think it means.
In any event, it seems your son has already won a victory on appeal and that at least one ruling by the trial court has been reversed. This does not necessarily mean that he has won the case, though. The fact that some evidence must be excluded does not mean *all* the evidence has to be kept out; there may be other evidence which remains available and which might be enough to support a conviction.
There is really no way anyone unfamiliar with your son's case can offer you any kind of meaningful answer to your question. I presume that your son already has an attorney working for him. She is the one you should talk to if you want more information.
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