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17 Illinois opinions name it 2 courts 1966–2021 1 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. Muellergreen2 sentences1999App. 3d 234, 236-37 , 581 N.E.2d 817, 819 (1991) (previous version of section 11-501.4 required that (1) the blood tests be ordered by an on-duty emergency room physician, (2) the written report of the blood tests was received and considered by the emergency room physician in treatment or diagnosis of the patient, and (3) the results of the blood test were material and used by the physician in the treatment or diagnosis of the patient). 1999App. 3d 234, 236-37 , 581 N.E.2d 817, 819 (1991) (previous version of section 11—501.4 required that (1) the blood tests be ordered by an on-duty emergency room physician, (2) the written report of the blood tests was received and considered by the emergency room physician in treatment or diagnosis of the patient, and (3) the results of the blood test were material and used by the physician in the treatment or diagnosis of the patient). | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Burris v. Madison County
green
2 sentences2011The appellate court found "that it was error to exclude defendant's evidence regarding plaintiff's possible intoxication as well as the results of the blood test and the expert's interpretation of that result. " (Emphasis added.) Burris, 154 Ill.App.3d at 1069 , 107 Ill.Dec. 898 , 507 N.E.2d 1267 . 2011The appellate court found "that it was error to exclude defendant's evidence regarding plaintiff's possible intoxication as well as the results of the blood test and the expert's interpretation of that result. " (Emphasis added.) Burris, 154 Ill.App.3d at 1069 , 107 Ill.Dec. 898 , 507 N.E.2d 1267 . | 3 | 1991–2011 |
Missouri v. McNeely
green
2 sentences2021Id. ¶ 40 The defendant was charged with driving while intoxicated, and he moved to suppress the results of the blood test. 2019Id. ¶ 40 The defendant was charged with driving while intoxicated, and he moved to suppress the results of the blood test. | 2 | 2019–2021 |
People v. Morris
green
2 sentences2010Morris, 394 Ill. 2010Morris, 394 Ill. | 2 | 2010–2010 |
People v. DuBose
green
2 sentences2008DuBose, 348 Ill. 2008DuBose, 348 Ill. | 2 | 2008–2008 |
Ptaszek v. Michalik
green
2 sentences2001App. 3d at 79 , 606 N.E.2d at 120 . 2001The court further argued that “[ejven if we were to consider the results of the blood test at this juncture, we believe that while they may tend to show mutual mistake of fact regarding biological paternity, they are not indicative of actual fraud.” Ptaszek, 238 Ill. | 2 | 2001–2001 |
People v. Murphy
neutral
2 sentences2011In Burris, the trial court excluded BAC evidence based on the appellate court's ruling in People v. Murphy, 124 Ill.App.3d 695 , 79 Ill.Dec. 949 , 464 N.E.2d 853 (1984), barring such evidence if the person drawing blood was not certified. 2011In Burris, the trial court excluded BAC evidence based on the appellate court's ruling in People v. Murphy, 124 Ill.App.3d 695 , 79 Ill.Dec. 949 , 464 N.E.2d 853 (1984), barring such evidence if the person drawing blood was not certified. | 1 | 2011–2011 |
People v. Hawn
neutral
1 sentence1991Hawn, 99 Ill. | 1 | 1991–1991 |
People v. Mello
neutral
1 sentence1984App. 3d 506, 511 , 409 N.E.2d 152, 155 .) In the case at bar, unlike Mello, the impropriety of the use of the results of the blood test for alcohol in the formulation of the physician’s opinion has been argued vigorously by counsel both at trial and on appeal. | 1 | 1984–1984 |
Rauland Div., Zenith Radio v. Metro. San. Dist.
neutral
1 sentence1980Initially, we note that the same strict rules of evidence as apply in judicial proceedings do not apply in proceedings before administrative agencies. ( Rauland Division, Zenith Radio Corp. v. Metropolitan Sanitary District (1971), 2 Ill. | 1 | 1980–1980 |
The PEOPLE v. Winters
green
2 sentences1966Stat. 1959, chap. 38, par. 358) and the intoxication is so extreme as to negate the existence of such intent, the accused may not be adjudged guilty of the offense. ( People v. Winters, 29 Ill.2d 74, 80-81 ; People v. Strader, 23 Ill.2d 13, 21 .) Here, as indicated previously, the evidence of intoxication (the results of the blood test) is amply overcome by the undisputed testimony concerning defendant's apparently ordinary behavior and demeanor immediately prior to and after the stabbing of decedent. 1966(People v. Winters, 29 Ill. 2d 74, 80-81 ; People v. Strader, 23 Ill.2d 13, 21 .) Here, as indicated previously, the evidence of intoxication (the results of the blood test) is amply overcome by the undisputed testimony concerning defendant’s apparently ordinary behavior and demeanor immediately prior to and after the stabbing of decedent. | 1 | 1966–1966 |
The PEOPLE v. Strader
green
2 sentences1966Stat. 1959, chap. 38, par. 358) and the intoxication is so extreme as to negate the existence of such intent, the accused may not be adjudged guilty of the offense. ( People v. Winters, 29 Ill.2d 74, 80-81 ; People v. Strader, 23 Ill.2d 13, 21 .) Here, as indicated previously, the evidence of intoxication (the results of the blood test) is amply overcome by the undisputed testimony concerning defendant's apparently ordinary behavior and demeanor immediately prior to and after the stabbing of decedent. 1966(People v. Winters, 29 Ill. 2d 74, 80-81 ; People v. Strader, 23 Ill.2d 13, 21 .) Here, as indicated previously, the evidence of intoxication (the results of the blood test) is amply overcome by the undisputed testimony concerning defendant’s apparently ordinary behavior and demeanor immediately prior to and after the stabbing of decedent. | 1 | 1966–1966 |
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.