Legal Opinion · Dissent

People v. Reynolds

Appellate Court of Illinois

Decided August 8, 1995No. 1-95-2583Published

1Dissent

PRESIDING JUSTICE HOFFMAN,

dissenting:

The conclusion of the majority finding a lack of jurisdiction under Rule 307(a)(1) (134 Ill. 2d R. 307(a)(1)) rests, in the main, upon the premise that the order from which this appeal is taken is "ministerial and administrative” in nature. I disagree with the premise and dissent from the conclusion.

While the majority supports its rationale by reference to a quote from In re a Minor (1989), 127 Ill. 2d 247, the passage is taken out of context and fails to include two following sentences which are critical to the jurisdictional issue in this case. The…

2Cases cited17 opinions

  1. Richmond Newspapers, Inc. v. VirginiaSupreme Court of the United States · 1980
  2. Press-Enterprise Co. v. Superior Court of Cal., Riverside Cty.Supreme Court of the United States · 1984
  3. Nebraska Press Assn. v. StuartSupreme Court of the United States · 1976
  4. Globe Newspaper Co. v. Superior Court, County of NorfolkSupreme Court of the United States · 1982
  5. Press-Enterprise Co. v. Superior Court of Cal., County of RiversideSupreme Court of the United States · 1986

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