Latest 2 Cases: State v. Smith (Criminal Law), In re M.M. (Juvenile Law)

The Oprah Interview as a Truth Commission

LESLEY WEXLER

Illinois Law professor Lesley Wexler explains how Oprah’s interview with Prince Harry and Meghan Markle might illuminate how a formal truth commission to deal with legacies of racism and colonialism might function in the British empire. Professor Wexler describes the purpose and function of state-operated truth commissions and notes the similarities and differences between those and the interview.

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State v. Smith

Docket: 121949

Opinion Date: March 12, 2021

Judge: Wilson

Areas of Law: Criminal Law

The Supreme Court affirmed the decision of the district court denying Appellant's motion for leave to appeal out of time, holding that the district court did not err in denying Appellant's motion under the exceptions set forth in State v. Ortiz, 640 P.2d 1255 (1982). This was the third of Appellant's appeals from the district court's decision denying his motion for leave to appeal out of time. Twice before, the Supreme Court considered Appellant's case and reversed the district court's decision and remanded the matter. In this appeal, Appellant argued that he was entitled to file an untimely appeal under the first and third Ortiz exceptions. The Supreme Court affirmed the district court's ruling denying Appellant's motion, holding that the district court correctly denied Appellant's motion to appeal out of time.

In re M.M.

Docket: 121936

Opinion Date: March 12, 2021

Judge: Stegall

Areas of Law: Juvenile Law

The Supreme Court affirmed the decision of the district court dismissing M.M.'s claim seeking to recover compensation for his wrongful 226-day confinement to a juvenile corrections facility, holding that Kan. Stat. Ann. 60-5004 does not allow compensation for wrongful juvenile adjudications. A district magistrate judge found M.M. guilty of aggravated indecent liberties and sentenced him to two years' confinement at a juvenile corrections facility. Thereafter, a district court jury found M.M. not guilty of aggravated indecent liberties and released M.M. back to the custody of his mother. M.M. subsequently filed a petition for certificate of innocence under section 60-5004. The district court dismissed the petition. The Supreme Court affirmed, holding that the plain language of section 60-5004 unambiguously bars claimants from recovering for wrongful juvenile adjudications.