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.