Legal Opinion · Dissent

In Re Commitment of Derry

Appellate Court of Illinois

Decided July 20, 2009No. 3-07-0820Published

1DissentJustice Holdridge

I respectfully dissent. I would hold that the Act is not applicable to the respondent.

The trial court framed well the discussion of the issue herein as follows: “Two of [Derry’s] McDonough County offenses are sexually violent offenses. Neither Schuyler County offense is a sexually violent offense. Since [Derry] was discharged from his McDonough County sentences more than 11 years before the petition was filed in this case, the petition was timely only if the language added to the statute by the August 14, 1998, amendment can be properly applied to the facts in this case.”

Respondent maintains…

2Cases cited8 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. In Re Detention of LiebermanIllinois Supreme Court · 2002
  3. Commonwealth Edison Co. v. Will County CollectorIllinois Supreme Court · 2001
  4. Caveney v. BowerIllinois Supreme Court · 2003
  5. In Re Detention of SamuelsonIllinois Supreme Court · 2000

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