fundamental right challenge (Illinois) · Go Syfert
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fundamental right challenge in Illinois

12 Illinois opinions name it 2 courts 1994–2025 7 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Idris v. City of Chicago, Ill.green
ca7 · 2009 · cited in 7 Illinois opinions naming this issue, 2025–2025
2 sentences

2025Idris v. City of Chicago, 552 F.3d 564, 566 (7th Cir. 2009) (finding that a $90 fine for a traffic infraction, which constituted a property interest, is too modest to implicate a fundamental right). ¶ 46 Schmidt argues that Collinsville infringed upon his constitutional right as follows: “The amount chosen for the fee in this case lacks any reasonableness whatsoever, and the City has failed 15 to establish reasonableness.” Again, he contends that the $500 fee charged was solely for the costs incurred by Collinsville in presenting him with the receipt. ¶ 47 The trial court concluded that Schmid

2025Idris v. City of Chicago, 552 F.3d 564, 566 (7th Cir. 2009) (finding that a $90 fine for a traffic infraction, which constituted a property interest, is too modest to implicate a fundamental right). ¶ 40 Funkhouser argues that Granite City infringed upon his constitutional right as follows: “The amount chosen for the fee in this case lacks any reasonableness whatsoever, and the City has failed to establish reasonableness.” Again, he contends that the $400 fee charged was solely for the costs incurred by Granite City in presenting him with the receipt. ¶ 41 The trial court concluded that Funkho

77
San Antonio Independent School District v. Rodriguezgreen
scotus · 1973 · cited in 2 Illinois opinions naming this issue, 1996–1996
2 sentences

1996See Rodriguez, 411 U.S. at 38 , 36 L.

1996See Rodriguez, 411 U.S. at 38 , 36 L.

22
People v. Hammgreen
michctapp · 1980 · cited in 1 Illinois opinions naming this issue, 1994–1994
2 sentences

1994See also People v. Hamm (1980), 100 Mich. App. 429 , 298 N.W.2d 896 (holding that a jury waiver was nullified upon declaration of mistrial and defendant was entitled to retrial before a jury); United States v. Lee (6th Cir. 1976), 539 F.2d 606 (holding that the right to a jury trial is a fundamental right and a waiver should not be presumed to include second trial); Annot., 46 A.L.R.2d 919 , 926 (1956); 47 Am.

1994See also People v. Hamm (1980), 100 Mich. App. 429 , 298 N.W.2d 896 (holding that a jury waiver was nullified upon declaration of mistrial and defendant was entitled to retrial before a jury); United States v. Lee (6th Cir. 1976), 539 F.2d 606 (holding that the right to a jury trial is a fundamental right and a waiver should not be presumed to include second trial); Annot., 46 A.L.R.2d 919 , 926 (1956); 47 Am.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
United States v. Billy Ray Lee green
ca6 · 1976
2 sentences

2004App. 248 (1921) (trial court erred in conducting a second trial as a bench trial because the written waiver executed before the first trial expired after that trial had ended and a new trial was awarded); United States v. Lee, 539 F.2d 606 (6th Cir. 1976) (the right to a jury trial is a fundamental right and a waiver should not be presumed to include second trial); Burnham v. North Chicago St.

2004App. 248 (1921) (trial court erred in conducting a second trial as a bench trial because the written waiver executed before the first trial expired after that trial had ended and a new trial was awarded); United States v. Lee , 539 F.2d 606 (6th Cir. 1976) (the right to a jury trial is a fundamental right and a waiver should not be presumed to include second trial); Burnham v. North Chicago St.

31994–2004

Statutes the citing opinions construe

IL § 735 ILCS 5/2-615 (7) IL § 735 ILCS 5/2-619 (7) IL § 735 ILCS 5/2-619.1 (7) IL § 625 ILCS 5/11-501 (6) IL § 625 ILCS 5/11-208.7 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 13 (1974–2024) IL 12 (1994–2025) MS 9 (1989–2022) LA 8 (1983–2017) MD 6 (1913–1997) OH 5 (1997–2015) FL 4 (1973–2015) KS 4 (1997–2026) WA 4 (1979–2015) CA 3 (1978–2013) ID 3 (1992–2016) NJ 2 (1959–1977) NM 2 (2010–2020) MT 2 (1991–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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