Lara v. Schneider

The order of this court denies Lara’s application for relief on the ground that mandamus is not a substitute for direct review and that, instead, Lara should have sought a direct appeal to this court under Rule 302(b) (58 Ill. 2d R. 302(b)). The court’s order violates the long-established rule that a denial of mandamus cannot alone be grounded on the availability of other relief (People ex rel. Starkweather v. Righeimer (1922), 306 Ill. 308, 312), and it fails to give proper weight to the numerous precedents which evidence the practice of this court to relax the technical restrictions of…