27 Illinois opinions name it 2 courts 1872–2024 4 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Crawfordgreen2 sentences2019See People v. Crawford, 2013 IL App (1st) 100310, ¶ 144 (restatement of what expert witness stated not improper comment). 2019See People v. Crawford, 2013 IL App (1st) 100310, ¶ 144 (restatement of what expert witness stated not improper comment). | 3 | 3 |
People v. Hintongreen2 sentences2019People v. Hinton, 402 Ill. 2018Rather, the positive test allowed analyst Berk to arrive at three conclusions, one of which the jury could have determined was not inconsistent with the officers' testimony: defendant "had his right hand in the environment of a discharged firearm." Viewed in a light most favorable to the State, the jury could have found that defendant's right hand was in the environment of the firearm that defendant discharged from his left hand. *22 *296 People v. Hinton , 402 Ill. | 2 | 3 |
People v. B.C. (In Re B.C.)green2 sentences2022See In re B.C., 2018 IL App (3d) 170025, ¶ 30 , 99 N.E.3d 142 (“In reviewing the court’s ruling, we draw all reasonable inferences in support of the court’s judgment.”). ¶ 88 Not only did respondent not cooperate with drug drops and drug abuse treatment, he also stopped communicating with the caseworkers around October 2020. 2022See In re B.C., 2018 IL App (3d) 170025, ¶ 30 , 99 N.E.3d 142 (“In reviewing the court’s ruling, we draw all reasonable inferences in support of the court’s judgment.”). ¶ 88 Not only did respondent not cooperate with drug drops and drug abuse treatment, he also stopped communicating with the caseworkers around October 2020. | 1 | 1 |
In Re RCgreen1 sentence2022The court clearly had at the forefront of its thinking our supreme court’s reminder that “the preferred result under the Juvenile Court Act is that a child remain in his or her home, in the custody of his or her parents.” In re R.C., 195 Ill. 2d 291, 308 (2001). ¶ 67 One reason this case is not an easy one is that the positive test results strike us—as they did the two principal witnesses, Kolzow and Martinez—as curious. | 1 | 1 |
People v. Rainesgreen1 sentence2020App. 3d 566, 572 (2008) (positive test for gunshot residue indicated that the subject may have (1) discharged a firearm, (2) contacted a gunshot residue particle, or (3) received the particles from an environmental source); People v. Raines, 354 Ill. | 1 | 1 |
People v. Gonzalezgreen1 sentence2020See People v. Meyers, 2018 IL App (1st) 140891, ¶ 15 (three potential conclusions of a positive test for gunshot residue are that the person (1) discharged a firearm, (2) contacted an item that had gunshot residue on it, or (3) was in the environment of a discharged firearm); People v. Rodriguez, 2012 IL App (1st) 072758-B, ¶ 20 (positive test showed that defendant (1) came into contact with a recently fired weapon, or (2) was standing within three feet of a weapon when it was fired); People v. Gonzalez, - 26 - 2020 IL App (2d) 170459-U 388 Ill. | 1 | 1 |
People v. Meyersgreen1 sentence2020See People v. Meyers, 2018 IL App (1st) 140891, ¶ 15 (three potential conclusions of a positive test for gunshot residue are that the person (1) discharged a firearm, (2) contacted an item that had gunshot residue on it, or (3) was in the environment of a discharged firearm); People v. Rodriguez, 2012 IL App (1st) 072758-B, ¶ 20 (positive test showed that defendant (1) came into contact with a recently fired weapon, or (2) was standing within three feet of a weapon when it was fired); People v. Gonzalez, - 26 - 2020 IL App (2d) 170459-U 388 Ill. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
First Midwest Bank/Danville v. Hoagland
green
2 sentences2015We acknowledge that “[u]nder some circumstances, an individual may be held in indirect civil contempt of court for violation of an oral court order.” First Midwest Bank/Danville v. Hoagland, 244 Ill. 2015We acknowledge that "[u]nder some circumstances, an individual may be held in indirect civil contempt of court for violation of an oral court order." First Midwest Bank/Danville v. Hoa- gland, 244 Ill. | 2 | 2015–2015 |
People v. Wilcox
green
2 sentences2015Thus, although vio- - 21 - lation of an oral order of the court may form the basis for a finding of contempt, in this case, the record fails to reflect a clear order given which was understandingly received by either DCFS or LSSI personnel. ¶ 48 On appeal, the State argues Wilcox is distinguishable because the supreme court based its decision on "the drastic and precipitate nature of punishment for criminal contempt." Wilcox, 5 Ill. 2d at 230 , 125 N.E.2d at 457 . 2015Thus, although vio- - 21 - lation of an oral order of the court may form the basis for a finding of contempt, in this case, the record fails to reflect a clear order given which was understandingly received by either DCFS or LSSI personnel. ¶ 48 On appeal, the State argues Wilcox is distinguishable because the supreme court based its decision on "the drastic and precipitate nature of punishment for criminal contempt." Wilcox, 5 Ill. 2d at 230 , 125 N.E.2d at 457 . | 2 | 2015–2015 |
People v. Jones
green
2 sentences2010By the same token, when the seized samples are not sufficiently homogeneous, testing must be done on each distinct sample. “[W]hen such samples are not sufficiently homogeneous, a portion from each container or sample must be tested in order to determine the contents of each container or sample.” Jones, 174 Ill. 2d at 429 . 2010By the same token, when the seized samples are not sufficiently homogeneous, testing must be done on each distinct sample. "[W]hen such samples are not sufficiently homogeneous, a portion from each container or sample must be tested in order to determine the contents of each container or sample." Jones, 174 Ill. 2d at 429 . | 2 | 2010–2010 |
People v. Schuit
green
2 sentences2024Further, the Defendant provided no evidence that the lotions and creams she uses caused the positive test results.” ¶ 26 People v. Schuit, 2016 IL App (1st) 150312, ¶¶ 113-114 , 67 N.E.3d 890 , is analogous here. 2024Further, the Defendant provided no evidence that the lotions and creams she uses caused the positive test results.” ¶ 26 People v. Schuit, 2016 IL App (1st) 150312, ¶¶ 113-114 , 67 N.E.3d 890 , is analogous here. | 1 | 2024–2024 |
People v. Lucious
green
1 sentence2022People v. Lucious, 2016 IL App (1st) 141127, ¶ 33 . - 13 - No. 1-21-0990 ¶ 50 In this case, to determine whether counsel was ineffective for failing to challenge the admissibility of defendant’s positive test results for chlamydia, we must first determine whether the evidence was admissible under an exception to the physician-patient privilege. | 1 | 2022–2022 |
People v. Coleman
green
1 sentence2012App. 3d at 41 (a different Coleman than defendant in the present case), trial counsel stipulated that the contents of the bags that police officers had seized from the defendant had tested “ ‘positive for heroin in the amount of 70.2 grams.’ ” In actuality, however, a laboratory report “indicated a positive test for slightly more than 15 grams of heroin.” Id. at 44 . | 1 | 2012–2012 |
James D. Nelson, Jr. v. American National Red Cross, James D. Nelson, Jr., Cross-Appellee v. American National Red Cross
green
2 sentences1996A case involving the injury of developing the disease Acquired Immunodeficiency Syndrome (AIDS) relied in part on Colbert v. Georgetown University (D.C.1994) 641 A.2d 469 , which found that a breast-cancer patient could have brought an earlier claim for the probability of metastasis, to find that a cause of action accrued when the patient who received blood contaminated with Human Immunodeficiency Virus (HIV) became HIV positive and not until he later developed AIDS. ( Nelson v. American National Red Cross (D.C.Cir.1994), 26 F.3d 193, 197 .) The court found that such a plaintiff is injured whe 1996A case involving the injury of developing the disease Acquired Immunodeficiency Syndrome (AIDS) relied in part on Colbert v. Georgetown University (D.C.1994) 641 A.2d 469 , which found that a breast-cancer patient could have brought an earlier claim for the probability of metastasis, to find that a cause of action accrued when the patient who received blood contaminated with Human Immunodeficiency Virus (HIV) became HIV positive and not until he later developed AIDS. ( Nelson v. American National Red Cross (D.C.Cir.1994), 26 F.3d 193, 197 .) The court found that such a plaintiff is injured whe | 1 | 1996–1996 |
Colbert v. Georgetown University
green
1 sentence1996A case involving the injury of developing the disease Acquired Immunodeficiency Syndrome (AIDS) relied in part on Colbert v. Georgetown University (D.C.1994) 641 A.2d 469 , which found that a breast-cancer patient could have brought an earlier claim for the probability of metastasis, to find that a cause of action accrued when the patient who received blood contaminated with Human Immunodeficiency Virus (HIV) became HIV positive and not until he later developed AIDS. ( Nelson v. American National Red Cross (D.C.Cir.1994), 26 F.3d 193, 197 .) The court found that such a plaintiff is injured whe | 1 | 1996–1996 |
Shaw v. Weisz
green
1 sentence1995Shaw v. Weisz (1950), 339 Ill. | 1 | 1995–1995 |
People v. Adams
green
2 sentences1994(Adams, 149 Ill. 2d at 346-47 , 597 N.E.2d at 582 .) Although a positive test for Burgos will not conclusively establish that Doe is at risk, a negative test for Burgos will provide substantial reassurance for Doe. 1994(Adams, 149 Ill. 2d at 346-47 , 597 N.E.2d at 582 .) Although a positive test for Burgos will not conclusively establish that Doe is at risk, a negative test for Burgos will provide substantial reassurance for Doe. | 1 | 1994–1994 |
Woods v. White
green
1 sentence1991Wis. 1988), 689 F. Supp. 874 ), we find no reason to disturb the court’s determination that the direct supervisor of police detectives should be informed of the defendant’s positive test for HIV. | 1 | 1991–1991 |
People v. Javaras
green
2 sentences1980We hold that although the contempt was properly denominated criminal, respondent did not receive the procedural safeguards of notice (People v. lavaras (1972), 51 Ill. 2d 296 , 281 N.E.2d 670 ), and of prohibition against the self-incrimination (Blankenship; Marcisz). 1980We hold that although the contempt was properly denominated criminal, respondent did not receive the procedural safeguards of notice (People v. lavaras (1972), 51 Ill. 2d 296 , 281 N.E.2d 670 ), and of prohibition against the self-incrimination (Blankenship; Marcisz). | 1 | 1980–1980 |
People v. Mostert
green
2 sentences1977App.3d 767 , 340 N.E.2d 300 .) In this connection, it is significant that the State was only permitted to prove that the clothes already in evidence did not belong to Edwards, and that it restricted its comments during final argument to the fact that other clothing existed without mentioning the positive test results. 1977App. 3d 767 , 340 N.E.2d 300 .) In this connection, it is significant that the State was only permitted to prove that the clothes already in evidence did not belong to Edwards, and that it restricted its comments during final argument to the fact that other clothing existed without mentioning the positive test results. | 1 | 1977–1977 |
Hickman v. Taylor
green
1 sentence1950In the recent case of Hickman v. Taylor, 329 U. S. 495 , the court, referring to similar rules in the Federal courts, said that “the deposition-discovery rules are to be accorded a broad and liberal treatment. . . . | 1 | 1950–1950 |
Woods v. Seymour
green
1 sentence1940(Woods v. Seymour, 350 Ill. 493 ; Lehndorf v. Cope, 122 id. 317.) The words need not be construed literally or strictly, since greater regard is accorded to the real intention as manifested in the entire deed than to any particular word or arrangement in its expression. | 1 | 1940–1940 |
New England Fruit & Produce Co. v. Hines
green
1 sentence1934Co., 194 U. S. 427 ; New England Fruit & Produce Co. v. Hines, 97 Conn. 225, 234 , and also the federal cases cited therein.) Defendant concedes the foregoing to be the law and that “a carrier cannot contravene a positive requirement of the federal statute simply by filing that contract with the Interstate Commerce Commission as a part of its schedules.” It contends, however, that section 8 does not exempt it from its own negligence but that under the contract “proof of negligence of the carrier must be made as a condition precedent to that carrier’s liability for loss, damage or delay, and pr | 1 | 1934–1934 |
Cau v. Texas & Pacific Railway Co.
green
1 sentence1934Co., 194 U. S. 427 ; New England Fruit & Produce Co. v. Hines, 97 Conn. 225, 234 , and also the federal cases cited therein.) Defendant concedes the foregoing to be the law and that “a carrier cannot contravene a positive requirement of the federal statute simply by filing that contract with the Interstate Commerce Commission as a part of its schedules.” It contends, however, that section 8 does not exempt it from its own negligence but that under the contract “proof of negligence of the carrier must be made as a condition precedent to that carrier’s liability for loss, damage or delay, and pr | 1 | 1934–1934 |
Adams Express Co. v. Stettaners
neutral
1 sentence1934Co., 194 U. S. 427 ; New England Fruit & Produce Co. v. Hines, 97 Conn. 225, 234 , and also the federal cases cited therein.) Defendant concedes the foregoing to be the law and that “a carrier cannot contravene a positive requirement of the federal statute simply by filing that contract with the Interstate Commerce Commission as a part of its schedules.” It contends, however, that section 8 does not exempt it from its own negligence but that under the contract “proof of negligence of the carrier must be made as a condition precedent to that carrier’s liability for loss, damage or delay, and pr | 1 | 1934–1934 |
Alpena Portland Cement Co. v. Jenkins & Reynolds Co.
green
1 sentence1927A State, however, has the right to prohibit a foreign corporation from exercising any part or all of its charter powers within its borders. ( Alpena Cement Co. v. Jenkins Reynolds Co. 244 Ill. 354 .) The Addressing Machines Securities Company is excluded from the acquisition of the stock of the Addressograph Company because it is an agency and loan corporation, and is for that reason subject to the disability imposed by section 9 of the general Corporation act. | 1 | 1927–1927 |
Zearing v. Raber
green
2 sentences1898Third—Estoppel.—“Although agreement and acquiescence both operate by way of estoppel, there are instances in which estoppel applies as a positive rule of law to establish a boundary line through the direct act or deed of the parties or their predecessors in title,”— citing Zearing v. Raber, 74 Ill. 409 , and Fisher v. Bennehoff, 121 id. 426 . 1898Third—Estoppel.—“Although agreement and acquiescence both operate by way of estoppel, there are instances in which estoppel applies as a positive rule of law to establish a boundary line through the direct act or deed of the parties or their predecessors in title,”— citing Zearing v. Raber, 74 Ill. 409 , and Fisher v. Bennehoff, 121 id. 426 . | 1 | 1898–1898 |
Mansfield v. People ex rel. Wells
green
1 sentence1897(Mansfield v. People, 164 Ill. 611 ; Cass v. People, 166 id. 126.) The ground upon which the ordinance in this case is claimed to be void is, that it provides for a special tax upon contiguous property to pay the entire cost of the improvement, except at street intersections and contiguous to a public park, without any provision limiting the tax to the benefits received by the jwoperty. | 1 | 1897–1897 |
Culver v. People ex rel. Kochersperger
green
1 sentence1897Such an objection may be made in the collateral proceeding, and it is a good defense that a provision is without statutory authority and not within the power delegated to the city council, (Culver v. People, 161 Ill. 89 ,) or that the ordinance does not comply with a positive requirement of the statute necessary to make a valid enact-ment. | 1 | 1897–1897 |
Ullmann v. Kent
neutral
1 sentence1896In Ullmann v. Kent, 60 Ill. 271 , in the discussion of the question of notice, the court said (p. 274): “If a sale is desired and is the best, upon the failure of the vendee to comply, and notice to him is the positive requirement of the law, what shall the seller do if the buyer abscond or is temporarily absent or his locality is unknown? | 1 | 1896–1896 |
| Dukes v. Rowley green | 1 | 1872–1872 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.