People v. Pomykala

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that section 9-3(b) of the Criminal Code of 1961 (720 ILCS 5/9-3 (West 2000)) may be severed from the remainder of the statute
• concluding that section 9-3(b) of the Criminal Code of 1961 (720 ILCS 5/9-3 (West 2000)), may be severed from the - 14 - remainder of the statute
• holding that a portion of the reckless-homicide statute was unconstitutional because it created a mandatory presumption that a person committed a - 15 - reckless act if he or she drove under the influence of alcohol
• affirming appellate court judgment remanding for new trial where burden of proof had been unconstitutionally shifted to defendant
• error in jury instructions will be considered harmless if result of trial would not have been different if jury had been properly instructed
• jury instruction on reckless homicide statute that created an unconstitutional mandatory presumption of recklessness violated defendant’s due process rights

Source: CourtListener parenthetical corpus (CC0).