(DOWNLOAD) "People State Illinois v. Michael Kimbrough" by Supreme Court of Illinois # eBook PDF Kindle ePub Free
eBook details
- Title: People State Illinois v. Michael Kimbrough
- Author : Supreme Court of Illinois
- Release Date : January 23, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
CHIEF JUSTICE BILANDIC delivered the opinion of the court: The defendant, Michael Kimbrough, was charged in a three-count indictment with certain violations of the Illinois Controlled
Substances Act (720 ILCS 570/100 et seq. (West 1992)) pertaining to LSD (LSD provisions). Defendant filed a motion to dismiss
the indictment alleging that the LSD provisions of the Act are unconstitutional. Defendant alleged that the LSD provisions
violate the equal protection and due process clauses of both the United States Constitution and the Illinois Constitution
of 1970. The trial court granted the defendant's motion to dismiss all counts of the indictment, finding that the LSD provisions
of the Controlled Substances Act are unconstitutional in that they violate equal protection and due process. Because the trial
court found portions of the Controlled Substances Act to be unconstitutional, the State appeals directly to this court pursuant
to Supreme Court Rule 302 (134 Ill. 2d R. 302). The issue before this court is whether the LSD provisions of the Controlled
Substances Act are constitutional.
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