Legal Opinion · Dissent

People v. Marker

Appellate Court of Illinois

Decided May 1, 2008No. 2-06-1071Published

1DissentJustice O’Malley

This case poses the question of whether the State’s timely filed motion to reconsider will toll the 30-day period in which to file a notice of appeal from the trial court’s grant of the defendant’s motion to suppress evidence. The issue between the majority and the dissent, however, is whether this court should follow the doctrine of stare decisis, even though, arguably, the rationale underpinning the tolling rule is wrong, but well established. Central to the doctrine of stare decisis is the idea that, usually, it is more important that the law be settled than it be settled correctly. People…

2Cases cited55 opinions

  1. People v. SharpeIllinois Supreme Court · 2005
  2. People v. CaballesIllinois Supreme Court · 2006
  3. Land v. Board of Educ. of City of ChicagoIllinois Supreme Court · 2002
  4. Wakulich v. MrazIllinois Supreme Court · 2003
  5. People v. SuarezIllinois Supreme Court · 2007

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