Roth v. Yackley

I cannot agree with the court that “[t] he sole issue before us concerns the effect which may constitutionally be given to the amendatory act” (77 Ill. 2d at 427) or that there is any need to discuss that question at all. In my view the dispositive issue in this case is whether plaintiffs may collaterally attack the judgments imposing terms and conditions of probation after failing to object or appeal at the time they were imposed. Until now I had thought it entirely clear that under long-settled principles of res judicata they may not.

No question is raised here of the applicability of…