Legal Opinion · Dissent

People v. Comage

Illinois Supreme Court

Decided February 25, 2011No. 109495Published

1DissentJustice Thomas

The majority states that it has no quarrel with the proposition that a defendant who places physical evidence out of the sight of an officer during an arrest or pursuit is guilty of violating the obstruction of justice statute. But the majority then tacks on an additional requirement not found in the plain language of the statute, by requiring that a defendant must ultimately succeed in “materially imped[ing] the police officers’ investigation.” 241 Ill. 2d at 149. Because the plain and unambiguous language of the statute does not brook the addition of this extra element, I respectfully…

2Cases cited15 opinions

  1. Brogan v. United StatesSupreme Court of the United States · 1998
  2. People v. BaileyIllinois Supreme Court · 1995
  3. People v. PhelpsIllinois Supreme Court · 2004
  4. Hunter v. StateSupreme Court of Delaware · 2002
  5. People v. BrooksIllinois Supreme Court · 2006

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