justifying challenge (Illinois) · Go Syfert
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justifying challenge in Illinois

15 Illinois opinions name it 2 courts 1989–2021 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.

Followed or applied (3)

CaseFollowedCited
People v. Hudsongreen
ill · 2001 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006“The State’s explanation need not rise to the level justifying a challenge for cause, but must be based on a juror characteristic other than gender and cannot be pretextual.” People v. Hudson, 195 Ill. 2d 117, 127-28 , 745 N.E.2d 1246, 1253 (2001).

2006“The State’s explanation need not rise to the level justifying a challenge for cause, but must be based on a juror characteristic other than gender and cannot be pretextual.” People v. Hudson, 195 Ill. 2d 117, 127-28 , 745 N.E.2d 1246, 1253 (2001).

22
JEB v. Alabama Ex Rel. TBgreen
scotus · 1994 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001The State’s explanation need not rise to the level justifying a challenge for cause, but must be based on a juror characteristic other than gender and cannot be pretextual. 511 U.S. at 145, 128 L.

2001The State’s explanation need not rise to the level justifying a challenge for cause, but must be based on a juror characteristic other than gender and cannot be pretextual. 511 U.S. at 145, 128 L.

22
People v. Harrisgreen
ill · 1989 · cited in 4 Illinois opinions naming this issue, 1990–2021
2 sentences

2021Again citing Batson, the Harris court noted the general proposition of law that “the State cannot rebut a prima facie case of discrimination by stating that it does not know why it exercised its peremptory challenges.” Id. at 181 .

2021Citing Batson, the Illinois Supreme Court has held 26 that “[a]lthough the State’s explanations need not rise to the level justifying a challenge for cause, a mere assertion that the prosecutor acted in good faith or without a discriminatory motive will not suffice.” People v. Harris, 129 Ill. 2d 123, 174 (1989).

14

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 (10)

CaseCitedYears
Batson v. Kentucky green
scotus · 1986
2 sentences

1992Ed. 2d at 88 , 106 S. Ct. at 1723 .) These explanations need not rise to the level justifying a challenge for cause, but a mere assertion of good faith or nondiscriminatory motive is insufficient.

1990Ed. 2d at 89 , 106 S. Ct. at 1724 .) Although the State’s explanations need not rise to the level justifying a challenge for cause, a mere assertion that the prosecutor acted in good faith or without a discriminatory motive will not suffice.

61989–1992
People v. Mitchell green
ill · 1992
2 sentences

1994(See Mitchell, 152 Ill. 2d at 291 , 604 N.E.2d at 887 .) Indeed, any basis for a peremptory challenge should always be less than that required to support a challenge for cause.

1994(See Mitchell, 152 Ill. 2d at 291 , 604 N.E.2d at 887 .) Indeed, any basis for a peremptory challenge should always be less than that required to support a challenge for cause.

11994–1994
People v. Thomas green
illappct · 1990
1 sentence

1993(People v. Thomas (1990), 201 Ill.

11993–1993
People v. Cook green
illappct · 1991
1 sentence

1993App. 3d 299 , 576 N.E.2d 1242 .) The burden on the State is not a heavy one, and the State’s explanations need not rise to the level of justifying a challenge for cause.

11993–1993
United States Ex Rel. Burton N. Pugach v. Hon. Vincent R. Mancusi, Warden of Attica Prison, Attica, New York,respondent-Appellee green
ca2 · 1971
1 sentence

1992Pugach v. Mancusi (2d Cir. 1971), 441 F.2d 1073 (effective cross-examination is possible where defendant merely affirms the statement but denies its truthfulness). 2 Although the venireperson stated that he would be able to lay aside any partiality after further questioning by the trial court, the prosecutor’s explanation need not rise to the level justifying a challenge for cause.

11992–1992
People v. Jones neutral
illappct · 1990
1 sentence

1992App. 3d 440, 448 , 559 N.E.2d 112, 118 ), and need not rise to the level justifying a challenge for cause, but a mere assertion of good faith or nondiscriminatory motive is insufficient.

11992–1992
People v. Hope green
ill · 1990
2 sentences

1991(People v. Hope (1990), 137 Ill. 2d 430 , 560 N.E.2d 849 .) The explanations need not rise to the level justifying a challenge for cause.

1991(People v. Hope (1990), 137 Ill. 2d 430 , 560 N.E.2d 849 .) The explanations need not rise to the level justifying a challenge for cause.

11991–1991
People v. Batchelor green
illappct · 1990
1 sentence

1991App. 3d 316, 323 , 559 N.E.2d 948 .) However, the State’s explanations need not rise to the level justifying a challenge for cause.

11991–1991
Harris v. Illinois green
scotus · 1990
1 sentence

1990(People v. Harris (1989) , 129 Ill. 2d 123, 177 , 544 N.E.2d 357 , cert. denied (1990), 494 U.S. 1018 , 108 L.

11990–1990
Morris v. Department of Social Services green
scotus · 1990
1 sentence

1990(People v. Harris (1989) , 129 Ill. 2d 123, 177 , 544 N.E.2d 357 , cert. denied (1990), 494 U.S. 1018 , 108 L.

11990–1990

Where else courts name it

NC 18 (1989–2026) IL 15 (1989–2021) TX 7 (1988–2015) TN 5 (1997–2010) KY 5 (2000–2026) OH 4 (2001–2011) SC 4 (1992–1996) WY 3 (1998–2020) IN 3 (2000–2008) AL 3 (1989–2007) NY 2 (1992–2002) VA 2 (1989–1989) NJ 2 (2011–2018) FL 2 (1991–2012)

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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