189 Ill. 2d 548 - In Re Detention of Samuelson

How this case has been cited

3 federal appellate · 117 state decisions — followed in 11 states

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

JUSTICE RATHJE,

¶1specially concurring:

¶2I agree with the majority’s conclusion that respondent1 failed to meet his burden of demonstrating that the Sexually Violent Persons Commitment Act (the Act) (725 ILCS 207/1 et seq. (West 1998)) violates either the equal protection clause or the due process clause. I do not agree, however, with the majority’s decision to address other arguments not raised in respondent’s brief. The majority addresses respondent’s contentions that the Act contravenes the prohibition against double jeopardy; violates ex post facto principles; and violates article I, section 13, of the Illinois Constitution. Although respondent raised those arguments at the trial court level, he abandoned them on appeal when he failed to include them in his brief. These arguments therefore are waived (see 177 Ill. 2d Rs. 341(e)(7), (f)), and this court should not address them.

¶3In the majority opinion, David Samuelson is referred to as “defendant.” Because this is a civil commitment proceeding and not a criminal case, I will refer to him as “respondent.”