People ex rel. Madigan v. Kinzer

State: Illinois

Docket No: 105805 Rel

Case Date: 01/23/2009

Preview:Docket No. 105805.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS ex rel. LISA MADIGAN, Petitioner, v. HONORABLE JAMES B. KINZER et al., Respondents. Opinion filed January 23, 2009.

JUSTICE KILBRIDE delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Thomas, Garman, and Karmeier concurred in the judgment and opinion. Justice Burke specially concurred, with opinion, joined by Justice Freeman.

OPINION Illinois Attorney General Lisa Madigan filed an original mandamus action in this court under Supreme Court Rule 381 (188 Ill. 2d R. 381), seeking to vacate a sentence of court supervision imposed upon Kyle Kissack for his driving under the influence of alcohol conviction. The petitioner contends that court supervision is prohibited by section 5

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