State v. Keith

I concur in the reversal. I dissent as to the remand. I would hold that Keith’s conviction was against the manifest weight of the evidence and based on insufficient evidence. We should discharge the defendant. If money is owed, a civil case may be filed.

Criminal charges should never have been brought, the case should never have been prosecuted, the defendant should not have been convicted, and the case should not be remanded to continue the chain of error.

This case is another example of overuse of the criminal law. 1 When the trial judge’s opinion discusses words like “novation” (a contract…