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22 Illinois opinions name it 1 courts 1991–2023 3 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. Jonesgreen2 sentences2008App. 3d 470, 478 (2006) (relying on Johnson and Travis, finding that the defendant’s motion, which simply stated that the evidence to be tested had been in the continuous possession of law enforcement agencies “is facially sufficient with respect to the chain-of-custody requirement”); cf Jones, 334 Ill. 2008App. 3d 470, 478 (2006) (relying on Johnson and Travis, finding that the defendant’s motion, which simply stated that the evidence to be tested had been in the continuous possession of law enforcement agencies “is facially sufficient with respect to the chain-of-custody requirement”); cf. Jones, 334 Ill. | 5 | 5 |
People v. Banksgreen2 sentences2018A chain-of-custody challenge can be reviewed for plain error only "in the rare case" of "a complete breakdown in the chain." Banks , 2016 IL App (1st) 131009 , ¶ 68, 409 Ill.Dec. 230 , 67 N.E.3d 442 ; People v. Alsup , 241 Ill. 2d 266 , 275, 349 Ill.Dec. 921 , 948 N.E.2d 24 (2011) (plain error occurs " '[w]hen there is a complete failure of proof , there is no link between the substance tested by the chemist and the substance recovered at the time of defendant's arrest' " (emphases in original) (quoting Woods , 214 Ill. 2d at 472 , 293 Ill.Dec. 277 , 828 N.E.2d 247 ) ). 2018A chain-of-custody challenge can be reviewed for plain error only "in the rare case" of "a complete breakdown in the chain." Banks , 2016 IL App (1st) 131009 , ¶ 68, 409 Ill.Dec. 230 , 67 N.E.3d 442 ; People v. Alsup , 241 Ill. 2d 266 , 275, 349 Ill.Dec. 921 , 948 N.E.2d 24 (2011) (plain error occurs " '[w]hen there is a complete failure of proof , there is no link between the substance tested by the chemist and the substance recovered at the time of defendant's arrest' " (emphases in original) (quoting Woods , 214 Ill. 2d at 472 , 293 Ill.Dec. 277 , 828 N.E.2d 247 ) ). | 3 | 4 |
People v. Gibsongreen2 sentences2007People v. Gibson, 287 Ill. 2007People v. Gibson, 287 Ill. | 3 | 3 |
People v. Woodsgreen2 sentences2018A chain-of-custody challenge can be reviewed for plain error only "in the rare case" of "a complete breakdown in the chain." Banks , 2016 IL App (1st) 131009 , ¶ 68, 409 Ill.Dec. 230 , 67 N.E.3d 442 ; People v. Alsup , 241 Ill. 2d 266 , 275, 349 Ill.Dec. 921 , 948 N.E.2d 24 (2011) (plain error occurs " '[w]hen there is a complete failure of proof , there is no link between the substance tested by the chemist and the substance recovered at the time of defendant's arrest' " (emphases in original) (quoting Woods , 214 Ill. 2d at 472 , 293 Ill.Dec. 277 , 828 N.E.2d 247 ) ). 2018A chain-of-custody challenge can be reviewed for plain error only "in the rare case" of "a complete breakdown in the chain." Banks , 2016 IL App (1st) 131009 , ¶ 68, 409 Ill.Dec. 230 , 67 N.E.3d 442 ; People v. Alsup , 241 Ill. 2d 266 , 275, 349 Ill.Dec. 921 , 948 N.E.2d 24 (2011) (plain error occurs " '[w]hen there is a complete failure of proof , there is no link between the substance tested by the chemist and the substance recovered at the time of defendant's arrest' " (emphases in original) (quoting Woods , 214 Ill. 2d at 472 , 293 Ill.Dec. 277 , 828 N.E.2d 247 ) ). | 2 | 6 |
People v. Smithgreen2 sentences2023We determine whether the requested testing has the potential to produce new, non- cumulative evidence materially relevant to Galloway’s claim of actual innocence. ¶ 46 “Evidence which is materially relevant to a claim of actual innocence is evidence which tends to significantly advance that claim, and, pursuant to the express terms of the statute, need not completely exonerate a defendant.” People v. Smith, 2014 IL App (1st) 113265, ¶ 24 . 2015DNA testing is, of course, generally accepted in the scientific community, and so we turn to the material-relevance requirement. ¶ 31 “Evidence which is materially relevant to a claim of actual innocence is evidence which tends to significantly advance that claim, and, pursuant to the express terms of the statute, need not completely exonerate a defendant.” People v. Smith, 2014 IL App (1st) 113265, ¶ 24 (citing People v. Savory, 197 Ill. 2d 203, 213-14 (2001)). | 2 | 3 |
People v. Savorygreen2 sentences2015DNA testing is, of course, generally accepted in the scientific community, and so we turn to the material-relevance requirement. ¶ 31 “Evidence which is materially relevant to a claim of actual innocence is evidence which tends to significantly advance that claim, and, pursuant to the express terms of the statute, need not completely exonerate a defendant.” People v. Smith, 2014 IL App (1st) 113265, ¶ 24 (citing People v. Savory, 197 Ill. 2d 203, 213-14 (2001)). 2015DNA testing is, of course, generally accepted in the scientific community, and so we turn to the material-relevance requirement. ¶ 31 “Evidence which is materially relevant to a claim of actual innocence is evidence which tends to significantly advance that claim, and, pursuant to the express terms of the statute, need not completely exonerate a defendant.” People v. Smith, 2014 IL App (1st) 113265, ¶ 24 (citing People v. Savory, 197 Ill. 2d 203, 213-14 (2001)). | 2 | 2 |
People v. Gholstongreen2 sentences2013In People v. Gholston, 124 Ill. 2013In People v. Gholston, 124 Ill. | 2 | 2 |
People v. Schutzgreen2 sentences2006People v. Schutz, 344 Ill. 2006People v. Schutz, 344 Ill. | 2 | 2 |
People v. Alexandergreen2 sentences2006See People v. Alexander, 136 Ill. 2006See People v. Alexander, 136 Ill. | 2 | 2 |
People v. Alsupgreen2 sentences2022Specifically, he is arguing that there was insufficient evidence that the videos produced at trial were the same videos as the ones recovered from the hard drive of his computer. ¶ 38 However, the chain of custody principle “does not serve as a challenge to the sufficiency of evidence to support a conviction and is not exempt from forfeiture.” Alsup, 241 Ill. 2d at 275 . 2018A chain-of-custody challenge can be reviewed for plain error only "in the rare case" of "a complete breakdown in the chain." Banks , 2016 IL App (1st) 131009 , ¶ 68, 409 Ill.Dec. 230 , 67 N.E.3d 442 ; People v. Alsup , 241 Ill. 2d 266 , 275, 349 Ill.Dec. 921 , 948 N.E.2d 24 (2011) (plain error occurs " '[w]hen there is a complete failure of proof , there is no link between the substance tested by the chemist and the substance recovered at the time of defendant's arrest' " (emphases in original) (quoting Woods , 214 Ill. 2d at 472 , 293 Ill.Dec. 277 , 828 N.E.2d 247 ) ). | 1 | 3 |
People v. Johnsongreen1 sentence2021People v. Kines, 2015 IL App (2d) 140518, ¶ 29 (citing People v. Johnson, 205 Ill. 2d 381, 393 (2002)); People v. Bailey, 386 Ill. - 12 - No. 1-18-0921 App. 3d 68, 74-75 (2008) (and cases cited therein). | 1 | 1 |
People v. Kinesgreen1 sentence2021People v. Kines, 2015 IL App (2d) 140518, ¶ 29 (citing People v. Johnson, 205 Ill. 2d 381, 393 (2002)); People v. Bailey, 386 Ill. - 12 - No. 1-18-0921 App. 3d 68, 74-75 (2008) (and cases cited therein). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Lach
green
2 sentences2017Morris, 2013 IL App (1st) 111251, ¶ 91 ; Lach, 302 Ill. 2017Morris, 2013 IL App (1st) 111251, ¶ 91 ; Lach, 302 Ill. | 2 | 2017–2017 |
People v. Morris
green
2 sentences2017Morris, 2013 IL App (1st) 111251, ¶ 91 ; Lach, 302 Ill. 2017Morris, 2013 IL App (1st) 111251, ¶ 91 ; Lach, 302 Ill. | 2 | 2017–2017 |
People v. Vazquez
green
1 sentence1991Vazquez, 180 Ill. | 1 | 1991–1991 |
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.