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Legal Opinion

People v. Kane

Appellate Court of Illinois

Decided January 11, 2010No. 3-08-1008Published

1Opinion of the CourtJustice Schmidt

The State charged defendant, Kathleen Kane, with violating section 15 of the Smoke Free Illinois Act (the Smoke Free Act) (410 ILCS 82/15 (West 2008)). Defendant filed a variety of motions attacking the manner in which she was prosecuted, the charging instrument, as well as the constitutionality of the Smoke Free Act. The circuit court of Will County denied those motions. Defendant was convicted following a jury trial. Defendant appeals, claiming that the Smoke Free Act is not enforceable through criminal proceedings, that the trial court erred in refusing to instruct the jury regarding the…

2Cases cited6 opinions

  1. People v. LeeIllinois Supreme Court · 2005
  2. Morgan v. Parents of M.M.Illinois Supreme Court · 1993
  3. People v. N L IndustriesIllinois Supreme Court · 1992
  4. Employers Mutual Companies v. SkillingIllinois Supreme Court · 1994
  5. People v. CarpenterIllinois Supreme Court · 2008

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