In re Luis R.

State: Illinois

Docket No: 108403 Rel

Case Date: 12/23/2010

Preview:Docket No. 108403.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

In re LUIS R., a Minor (The People of the State of Illinois, Appellant, v. Luis R., Appellee). Opinion filed December 23, 2010.

JUSTICE THOMAS delivered the judgment of the court, with opinion. Chief Justice Kilbride and Justices Garman, Karmeier, and Theis concurred in the judgment and opinion. Justice Freeman dissented, with opinion, joined by Justice Burke. Justice Burke dissented, with opinion, joined by Justice Freeman.

OPINION The State filed a petition in the circuit court of Boone County alleging that respondent, Luis R., was a delinquent minor. The trial court dismissed that petition for a lack of jurisdiction. The issue before us is whether that dismissal was warranted. For the reasons that follow, we hold that it was not.

BACKGROUND On August 8, 2007, the State filed a petition in the circuit court of

Boone County alleging that respondent was a delinquent minor and seeking to make him a ward of the court. 705 ILCS 405/5

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