Illinois Appellate Lawyer Blog
The Illinois Supreme Court flashed frustration in an opinion that instructs appellate and circuit court judges to stop deciding cases on constitutional grounds when other issues first offer a resolution. The case involved an adjudication of wardship of a minor accused of improper sexual conduct with other minors in her care. On rehearing, the Illinois Appellate Court ruled that Section 115–10 of the Code of Criminal Procedure, which allows certain out-of-court statements of non-testifying minors, was unconstitutional.
An exasperated Supreme Court stated that the constitutional analysis was unnecessary. Practitioners and judges must listen to the supreme court’s chafing.
We have repeatedly stated that cases should be decided on