The defendant was convicted of violating an order of protection against his ex-wife by sending her a note with the intent to harass her. He appealed contesting that the statues violates the First and Fourteenth Amendments because it is vague and overbroad. The Court of Appeals rejected the arguments that it was too vague or overbroad because these issues had already been determined previously in other cases. The Court also rejected the defendant’s arguments that the trial court erred in excluding evidence and that the defendant was deprived of a fair trial because of the level of deference given to the state on review.
Women and Justice: Court: Court of Appeals Fourth District
Domestic Case Law
Benjamin v. McKinnon Court of Appeals Fourth District (2008)
The plaintiff sought a protection order against the defendants, a father and son, for orders of protection. The trial court awarded an order of protection against the son, but not against the father. The Court of Appeals considered whether there was a family relationship between the plaintiff and the defendants that permitted issuing an order of protection under the state law and decided that there was a family relationship because the plaintiff’s son had been married to the defendants’ daughter and sister respectively. They relied on previous case law that had found a sufficient relationship between families related by blood. Thus, the Court affirmed the order of the trial court, upholding the order of protection against the son and denying the father’s motion for sanctions.
State v. Human Rights Commission Court of Appeals Fourth District (1989)
Lynda Savage filed a complaint against the Illinois Department of Corrections alleging that she had been sexually harassed by her immediate supervisor, Nicholas Howell, and discharged in retaliation. Howell would describe women by their physical attribut
Northtown Ford v. Illinois Human Rights Commission Court of Appeals Fourth District (1988)
The Illinois Human Rights Commission (HRC) filed a suit against Northtown Ford alleging discrimination against an employee who had been terminated with regard to sick leave benefits and salary, sex discrimination for reduction in salary, and retaliation. The administrative law judge entered a judgment in favor of the employee for salary claims and sick leave benefits, and the HRC affirmed. The Court of Appeals decided that the employee was allowed to amend the complaint because the amended claim was reasonably related to the original claim.
People v. Whitfield Court of Appeals Fourth District (1986)
The defendant plead guilty to violating an order of protection and sentenced to conditional discharge for a period of 12 months. Within that year, the State tried to revoke the conditional discharge alleging that the defendant had again harassed his ex-wife. The circuit court of the county revoked the discharged and sentenced the defendant to twelve months’ probation with the condition of two days’ imprisonment and sixty hours of community service. The defendant appealed the change in sentence in the Court of Appeals arguing that following his ex-wife in an automobile did not constitute harassment and that the Illinois Domestic Violence Act violates the Fourteenth Amendment. The Court of Appeals rejected the constitutional argument because it cannot be made on appeal if it was not originally made at trial court, and also ruled that the act constituted harassment after examining the definition within the context of the law. Thus, the Court upheld the order of the circuit court.