positive test (Illinois) · Go Syfert
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positive test in Illinois

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.

Followed or applied (7)

CaseFollowedCited
People v. Crawfordgreen
illappct · 2014 · cited in 3 Illinois opinions naming this issue, 2018–2019
2 sentences

2019See 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).

33
People v. Hintongreen
illappct · 2010 · cited in 3 Illinois opinions naming this issue, 2018–2019
2 sentences

2019People 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.

23
People v. B.C. (In Re B.C.)green
illappct · 2018 · cited in 1 Illinois opinions naming this issue, 2022–2022
2 sentences

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.

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.

11
In Re RCgreen
ill · 2001 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022The 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.

11
People v. Rainesgreen
illappct · 2004 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020App. 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.

11
People v. Gonzalezgreen
illappct · 2008 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See 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.

11
People v. Meyersgreen
illappct · 2018 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See 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.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (24)

CaseCitedYears
First Midwest Bank/Danville v. Hoagland green
illappct · 1993
2 sentences

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. 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.

22015–2015
People v. Wilcox green
ill · 1955
2 sentences

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 .

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 .

22015–2015
People v. Jones green
ill · 1996
2 sentences

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 .

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 .

22010–2010
People v. Schuit green
illappct · 2016
2 sentences

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.

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.

12024–2024
People v. Lucious green
illappct · 2016
1 sentence

2022People 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.

12022–2022
People v. Coleman green
illappct · 1998
1 sentence

2012App. 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 .

12012–2012
James D. Nelson, Jr. v. American National Red Cross, James D. Nelson, Jr., Cross-Appellee v. American National Red Cross green
cadc · 1994
2 sentences

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

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

11996–1996
Colbert v. Georgetown University green
dc · 1994
1 sentence

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

11996–1996
Shaw v. Weisz green
illappct · 1950
1 sentence

1995Shaw v. Weisz (1950), 339 Ill.

11995–1995
People v. Adams green
ill · 1992
2 sentences

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.

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.

11994–1994
Woods v. White green
wiwd · 1988
1 sentence

1991Wis. 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.

11991–1991
People v. Javaras green
ill · 1972
2 sentences

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).

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).

11980–1980
People v. Mostert green
illappct · 1976
2 sentences

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.

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.

11977–1977
Hickman v. Taylor green
scotus · 1947
1 sentence

1950In 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. . . .

11950–1950
Woods v. Seymour green
ill · 1932
1 sentence

1940(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.

11940–1940
New England Fruit & Produce Co. v. Hines green
conn · 1922
1 sentence

1934Co., 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

11934–1934
Cau v. Texas & Pacific Railway Co. green
· 1904
1 sentence

1934Co., 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

11934–1934
Adams Express Co. v. Stettaners neutral
ill · 1871
1 sentence

1934Co., 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

11934–1934
Alpena Portland Cement Co. v. Jenkins & Reynolds Co. green
ill · 1910
1 sentence

1927A 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.

11927–1927
Zearing v. Raber green
ill · 1874
2 sentences

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 .

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 .

11898–1898
Mansfield v. People ex rel. Wells green
ill · 1897
1 sentence

1897(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.

11897–1897
Culver v. People ex rel. Kochersperger green
· 1896
1 sentence

1897Such 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.

11897–1897
Ullmann v. Kent neutral
ill · 1871
1 sentence

1896In 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?

11896–1896
Dukes v. Rowley green
· 1860
11872–1872

Statutes the citing opinions construe

IL § 720 ILCS 5/24-1.2 (3) IL § 720 ILCS 5/8-4 (3)

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.

Where else courts name it

NY 191 (1857–2024) PA 102 (1842–2025) CA 94 (1906–2026) TX 43 (1910–2025) IL 27 (1872–2024) WA 26 (1912–2025) NJ 25 (1867–2025) OH 24 (1887–2025) ME 21 (1980–2025) TN 18 (1891–2018) AL 18 (1868–2011) MD 15 (1946–2024) MA 15 (1839–2019) IA 14 (1908–2025) MO 13 (1909–2023) NM 13 (1905–2025) GA 13 (1885–2015) IN 13 (1887–2019) MS 11 (1895–2002) FL 11 (1959–2026) OR 9 (1901–2005) NV 9 (1936–2016) NC 9 (1904–2006) OK 9 (1890–2020) AZ 8 (1898–2022) LA 8 (1920–2012) KS 7 (1923–2024) MN 7 (1920–2016) CO 7 (1910–2025) AR 6 (1887–2018) CT 6 (1940–2016) MT 6 (1897–2005) VA 6 (1935–2025) RI 5 (1957–2007) WI 5 (1906–2024) SD 5 (1944–2023) WV 4 (1888–1982) ID 4 (1985–2018) PR 4 (1912–1953) DE 3 (1987–2022) SC 3 (1991–2021) ND 3 (1960–2025) AK 3 (2015–2024) VT 3 (1912–1999) NE 3 (2013–2021) MI 2 (1970–2009) DC 2 (1992–2015) UT 2 (1901–2023) HI 2 (1989–2007)

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.

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