Edwards v. Atterberry

Edwards was charged under the Timber Buyers Licensing Act. The information referred to each violation as constituting a Class A misdemeanor, which Edwards disputed. Edwards filed several pretrial motions, including motions to dismiss, contesting the court’s subject-matter jurisdiction. The state was twice allowed to amend the information. A jury found Edwards guilty of both counts. Edwards sought a writ of prohibition (Ill. S. Ct. Rs. 383, 381), alleging that the information charged him with violating regulations and not a statute defining a criminal offense. The Illinois Supreme Court stayed the circuit court case but denied relief. A writ of prohibition will not issue unless four requirements are met. It is not disputed that action to be prohibited is of a judicial or quasi-judicial nature and that the writ would be directed against a tribunal of inferior jurisdiction. In addition, “the action to be prohibited must be outside the tribunal’s jurisdiction or, if within its jurisdiction, beyond its legitimate authority.” This case turned on the fourth element: Edwards did not establish that there was not any other adequate remedy available nor has he demonstrated irremediable harm so as to warrant excusal from the normal appellate process. View "Edwards v. Atterberry" on Justia Law