Opinion

People v. Watts

  • 181 Ill. 2d 133
  • 229 Ill. Dec. 542
  • 692 N.E.2d 315
  • 1998 Ill. LEXIS 350
Court
Illinois Supreme Court
Filed
Feb 20, 1998
Status
Published
Author
Miller
On the bench
McMorrow, Miller
Cited by
57 cases

holding that a provision in the Home Repair Fraud Act was unconstitutional because it created a mandatory presumption that, if certain facts existed, then a contractor made promises with the intent not to perform the work or with knowledge that the work would not be performed

How later courts described this case

  • holding that a provision in the Home Repair Fraud Act was unconstitutional because it created a mandatory presumption that, if certain facts existed, then a contractor made promises with the intent not to perform the work or with knowledge that the work would not be performed
  • holding that a statutory provision was severable where it was added six years after the statute was enacted
  • rebuttable presumption that shifts burden of production onto defendant on element of offense violates due process
  • and federal cases discussed therein

Written by the judges who cited it.

The opinion

JUSTICE MILLER, specially concurring:

I join in the judgment of the court and the analysis of the federal constitutional issue. Because the case is decided on federal constitutional grounds, there is no need for us to consider here whether the Illinois Constitution independently requires the same result. Accordingly, I do not join the brief discussion in the majority opinion regarding a state constitutional basis for our decision in this case. 181 Ill. 2d at 147.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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