People v. Brown

Defendant was charged with violating section 2(a)(1) of the Firearm Owners Identification Card Act. Defendant argued section 2(a)(1) was unconstitutional as applied to her and the circuit court entered a written order finding the provision unconstitutional. In a prior appeal, the Illinois Supreme Court found the trial court ruling was not necessary to the resolution of the case, vacated the trial court order, and remanded the cause with directions to enter a modified judgment order to exclude the ruling that section 2(a)(1) was unconstitutional. On remand the circuit court concluded it would not be in the “best interests of justice” to follow the directions of the Supreme Court and entered a different order. The State appealed and the Supreme Court again vacated and remanded on the basis that the circuit court had no authority to set aside the directions of the Illinois Supreme Court. In a dissenting opinion, Justice Michael J. Burke argued the Court should consider the appeal on its merits. (THEIS, NEVILLE, and CARTER, concurring, and MICHAEL J. BURKE, GARMAN, and OVERSTREET, dissenting.)