Professor Timothy O’Neill Asks What is an Affront to the Concept of Federalism?

August 12 – Chicago Daily Law Bulletin

Professor Timothy O’Neill authored column:

If you occasionally have trouble deter­mining when federal law trumps state law, you are not alone. Take a look at a 1991 Illinois Supreme Court case, People v. Henderson. 142 Ill.2d 258 (1991).

Demetrius Henderson claimed that he was unconstitutionally convicted of a crime for which he was not indicted. The Illinois Supreme Court emphasized that Henderson raised the claim “under federal constitutional law only.” Consequently, the court proceeded to spend six paragraphs discussing a series of U.S. Supreme Court cases dealing with indictment issues. After this extensive analysis, the Illinois Supreme Court denied Henderson relief.

Read More: What is An Affront to the Concept of Federalism?

Leave a Reply

Cookie Settings