101 Illinois opinions name it 2 courts 1862–2022 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. Orthgreen2 sentences2019Foundation Requirements for the Admission of Breath Test Results ¶ 23 Defendant also argues that the trial court erred in admitting the results of his breath test because the State “failed to certify that the machine from which [his] test results were derived was accurate and properly calibrated at the time of [his] test.” ¶ 24 The results of a breath test may be admitted if the State can show: “(1) evidence that the tests were performed according to the uniform standard adopted by the Illinois Department of Public Health, (2) evidence that the operator administering the tests was certified by 2018Foundation Requirements for the Admission of Breathalyzer Test Results ¶ 23 Defendant also argues that the trial court erred in admitting the results of his Breathalyzer test because the State "failed to certify that the machine from which [his] test results were derived was accurate and properly calibrated at the time of [his] test." ¶ 24 The results of a Breathalyzer test may be admitted if the State can show: "(1) evidence that the tests were performed according to the uniform standard adopted by the Illinois Department of Public Health, (2) evidence that the operator administering the test | 8 | 30 |
People v. Winfieldgreen2 sentences2006Our supreme clarified that the process by which the state must establish a foundation for admission of the Breathalyzer test will include: "(1) evidence that the tests were performed according to the uniform standard adopted by the Illinois Department of Public Health, (2) evidence that the operator administering the tests was certified 12 1-04-3822 by the Department of Public Health, (3) evidence that the machine used was a model approved by the Department of Public Health, was tested regularly for accuracy, and was working properly, (4) evidence that the motorist was observed for the requisi 2006Our supreme court clarified that the process by which the State must establish a foundation for admission of the Breathalyzer test will include: “(1) evidence that the tests were performed according to the uniform standard adopted by the Illinois Department of Public Health, (2) evidence that the operator administering the tests was certified by the Department of Public Health, (3) evidence that the machine used was a model approved by the Department of Public Health, was tested regularly for accuracy, and was working properly, (4) evidence that the motorist was observed for the requisite 20 m | 3 | 5 |
Taylor v. Sturgellgreen2 sentences2010See Taylor, 553 U.S. at ___ , 171 L. 2010See Taylor, 553 U.S. at_, 171 L. | 2 | 2 |
In Re Enstromgreen2 sentences1986See also In re Enstrom (1984), 104 Ill. 2d 410, 416 ; In re Woldman (1983), 98 Ill. 2d 248, 257-58 . 1986See also In re Enstrom (1984), 104 Ill. 2d 410, 416 ; In re Woldman (1983), 98 Ill. 2d 248, 257-58 . | 2 | 2 |
People v. Crawfordgreen2 sentences2006App. 3d 668, 672 (1975); People v. Crawford, 23 Ill. 2006App. 3d 668, 672 (1975), and People v. Crawford, 23 Ill. | 1 | 2 |
People v. Ortizgreen1 sentence2020Id. ¶ 173 (citing People v. Ortiz, 196 Ill. 2d 236, 259 (2001)). | 1 | 1 |
People v. Pullengreen1 sentence2016Indeed, our inquiry “always begin[s] with the language of the statute, which is the surest and most reliable indicator of legislative intent.” People v. Pullen, 192 Ill. 2d 36, 42 (2000). | 1 | 1 |
Langendorf v. City of Urbanagreen1 sentence2016Citing the legislative history, the State asserts that the statute’s intent was to punish people who knowingly flee from the police, and, therefore, the uniform requirement can only be read as a way to exclude those trying to escape a dangerous situation, not as a bar on prosecution of people willfully fleeing the police. ¶ 13 In resolving an issue of statutory construction, the court’s objective involves ascertaining and carrying out the “true intent and meaning of the legislature evidenced by the language used.” Langendorf v. City of Urbana, 197 Ill. 2d 100, 109 (2001). | 1 | 1 |
People v. Claudiogreen1 sentence2015Orth, 124 Ill. 2d at 340 ; People v. Claudio, 371 Ill. | 1 | 1 |
| People v. Pintosgreen | 1 | 1 |
| Mulligan v. Dunnegreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Feldman
green
2 sentences1986(In re O’Hallaren (1976), 64 Ill. 2d 426, 433 .) However, “predictability and fairness require a degree of consistency in the selection of sanctions for similar types of misconduct.” (In re Saladino (1978), 71 Ill. 2d 263, 275 .) As such, “where the facts are similar to those in other cases, a uniform standard of discipline should be sought.” In re Feldman (1982), 89 Ill. 2d 7, 11 . 1986(In re O’Hallaren (1976), 64 Ill. 2d 426, 433 .) However, “where the facts are similar to those in other cases, a uniform standard of discipline should be sought.” In re Feldman (1982), 89 Ill. 2d 7, 11 . | 6 | 1982–1986 |
In Re Clayter
green
2 sentences1983While a determination of the proper sanction involves analysis of the facts and circumstances of the particular case, “where the facts are similar to those in other cases, a uniform standard of discipline should be sought.” In re Feldman (1982), 89 Ill. 2d 7, 11 ; In re Kink (1982), 92 Ill. 2d 293, 302 ; In re Clayter (1980), 78 Ill. 2d 276, 283 . 1982“Nevertheless, where the facts are similar to those in other cases, a uniform standard of discipline should be sought.” In re Feldman (1982), 89 Ill. 2d 7, 11 , citing In re Clayter (1980), 78 Ill. 2d 276, 283 . | 5 | 1982–1985 |
Chicago, Burlington & Quincy Railroad v. Frary
neutral
2 sentences1941Bank v. Holmes, supra, it was said: “A court of equity can not intervene in behalf of a taxpayer on the ground that the property of others has been valued too low.” Other cases to the same effect are Chicago, Burlington and Quincy Railroad Co. v. Frary, 22 Ill. 34 ; People v. Lots in Ashley, 122 id. 297; Dunham v. City of Chicago, 55 id. 357; DuPage County v. Jenks, 65 id. 275; People v. Cesar, 349 id. 372. 1932(Chicago, Burlington and Quincy Railroad Co. v. Frary, 22 Ill. 34 ; Schofield v. Watkins, id. 66 ; Merritt v. Farris, id. 303; Munson v. Minor, id. 595; Metz v. Anderson, 23 id. 410; Dunham v. City of Chicago, 55 id. 357; DuPage County v. Jenks, 65 id. 275; Spencer & Gardner v. People, 68 id. 510; People v. Lots in Ashley, 122 id. 297; FirstNat. | 3 | 1932–1941 |
People v. Cavitt
green
2 sentences2020However, depending on the circumstances, the uniform requirement may be met by showing that the officer wore something other than a “traditional police uniform.” Cavitt, 2019 IL App (2d) 170149, ¶ 181 . 2020Although the Cavitt court noted that the purpose of the uniform requirement was that it ensured that a defendant was fleeing or eluding an actual police officer (Cavitt, 2019 IL App (2d) 170149, ¶ 181 , appeal pending, (Jan. 1, 2020)), the issue of whether a conviction for aggravated fleeing or eluding a peace officer could be upheld with no evidence that the peace officer was wearing a police uniform was not before the Cavitt court. | 2 | 2020–2020 |
People v. Lach
green
2 sentences2018“By complying with the statute, the State demonstrates that reasonably protective measures have been taken to ensure that the blood taken from [the] defendant and tested in the hospital lab was not changed or substituted.” Id. ¶ 85 Initially, defendant argues that, under section 11-501.4(a), a chemical test is inadmissible unless the State shows that it was ordered in accordance “with an established medical rule.” He maintains “the statutory phrase ‘the regular course of providing emergency medical treatment’ - 16 - relates to a uniform standard applicable to emergency medical providers throug 2017"By complying with the statute, the State demonstrates that reasonably protective measures have been taken to ensure that the blood taken from [the] defendant and tested in the hospital lab was not changed or substituted." Id. *1105 ¶ 85 Initially, defendant argues that, under section 11-501.4(a), a chemical test is inadmissible unless the State shows that it was ordered in accordance "with an established medical rule." He maintains "the statutory phrase 'the regular course of providing emergency medical treatment' relates to a uniform standard applicable to emergency medical providers through | 2 | 2017–2018 |
Krautsack v. Anderson
green
2 sentences2016Indeed, the only uniformity among these states’ tests is that each of them draws on their own state’s pre-existing test for defining bad faith. [Citation.]” Id. at 336 . ¶ 95 I am persuaded by the analysis of Krafft and conclude that the term “bad faith” in section 5 of the Act should be given the preexisting definition of “bad faith” of this state. ¶ 96 Though no Illinois court has previously been asked to interpret “bad faith” within section 5 of the Act, our supreme court in Krautsack v. Anderson, 223 Ill. 2d 541 (2006), had the opportunity to announce a test for determining bad faith in th 2016Indeed, the only uniformity among these states’ tests is that each of them draws on their own state’s pre-existing test for defining bad faith. [Citation.]” Id. at 336 . ¶ 95 I am persuaded by the analysis of Krafft and conclude that the term “bad faith” in section 5 of the Act should be given the preexisting definition of “bad faith” of this state. ¶ 96 Though no Illinois court has previously been asked to interpret “bad faith” within section 5 of the Act, our supreme court in Krautsack v. Anderson, 223 Ill. 2d 541 (2006), had the opportunity to announce a test for determining bad faith in th | 2 | 2016–2016 |
Commonwealth, Department of Environmental Protection v. PPL Generation, LLC
green
2 sentences2016Indeed, the only uniformity among these states’ tests is that each of them draws on their own state’s pre-existing test for defining bad faith. [Citation.]” Id. at 336 . ¶ 95 I am persuaded by the analysis of Krafft and conclude that the term “bad faith” in section 5 of the Act should be given the preexisting definition of “bad faith” of this state. ¶ 96 Though no Illinois court has previously been asked to interpret “bad faith” within section 5 of the Act, our supreme court in Krautsack v. Anderson, 223 Ill. 2d 541 (2006), had the opportunity to announce a test for determining bad faith in th 2016Indeed, the only uniformity among these states’ tests is that each of them draws on their own state’s pre-existing test for defining bad faith. [Citation.]” Id. at 336 . ¶ 95 I am persuaded by the analysis of Krafft and conclude that the term “bad faith” in section 5 of the Act should be given the preexisting definition of “bad faith” of this state. ¶ 96 Though no Illinois court has previously been asked to interpret “bad faith” within section 5 of the Act, our supreme court in Krautsack v. Anderson, 223 Ill. 2d 541 (2006), had the opportunity to announce a test for determining bad faith in th | 2 | 2016–2016 |
Caterpillar Tractor Co. v. Lenckos
green
2 sentences2000Any suggested changes or departures from these uniform procedures are subject to final approval from the corporation's princi- pal headquarters in Peoria." Catepillar Tractor Co. , 84 Ill. 2d at 117 . 2000Any suggested changes or departures from these uniform procedures are subject to final approval from the corporation’s principal headquarters in Peoria.” Caterpillar Tractor Co., 84 Ill. 2d at 117 . | 2 | 2000–2000 |
People v. Kilpatrick
green
2 sentences2000Kilpatrick , 216 Ill. 2000Kilpatrick, 216 Ill. | 2 | 2000–2000 |
Snowden v. Hughes
green
2 sentences1995In Snowden v. Hughes, the United States Supreme Court used as a "familiar example” of the denial of equal protection "the failure of state taxing officials to assess property for taxation on a uniform standard of valuation as required by the assessment laws.” (Snowden, 321 U.S. at 9 , 88 L. 1995In Snowden v. Hughes, the United States Supreme Court used as a "familiar example” of the denial of equal protection "the failure of state taxing officials to assess property for taxation on a uniform standard of valuation as required by the assessment laws.” (Snowden, 321 U.S. at 9 , 88 L. | 2 | 1983–1995 |
In Re Woldman
green
2 sentences1986See also In re Enstrom (1984), 104 Ill. 2d 410, 416 ; In re Woldman (1983), 98 Ill. 2d 248, 257-58 . 1986See also In re Enstrom (1984), 104 Ill. 2d 410, 416 ; In re Woldman (1983), 98 Ill. 2d 248, 257-58 . | 2 | 1986–1986 |
In Re O'Hallaren
green
2 sentences1986(In re O’Hallaren (1976), 64 Ill. 2d 426, 433 .) However, “predictability and fairness require a degree of consistency in the selection of sanctions for similar types of misconduct.” (In re Saladino (1978), 71 Ill. 2d 263, 275 .) As such, “where the facts are similar to those in other cases, a uniform standard of discipline should be sought.” In re Feldman (1982), 89 Ill. 2d 7, 11 . 1986(In re O’Hallaren (1976), 64 Ill. 2d 426, 433 .) However, “where the facts are similar to those in other cases, a uniform standard of discipline should be sought.” In re Feldman (1982), 89 Ill. 2d 7, 11 . | 2 | 1986–1986 |
People v. Gonzales
green
2 sentences1973Cf. People v. Blodgett, 46 Cal.2d 114 , 293 P.2d 57 ; Elliott v. State, 173 Tenn. 203 , 116 S.W.2d 1009 ; People v. Gonzales, 356 Mich. 247 , 97 N.W.2d 16 ; See: Einhorn, The Exclusionary Rule in Operation, 50 J. 1973Cf. People v. Blodgett, 46 Cal.2d 114 , 293 P.2d 57 ; Elliott v. State, 173 Tenn. 203 , 116 S.W.2d 1009 ; People v. Gonzales, 356 Mich. 247 , 97 N.W.2d 16 ; See: Einhorn, The Exclusionary Rule in Operation, 50 J. | 2 | 1960–1973 |
People v. Blodgett
green
2 sentences1973Cf. People v. Blodgett, 46 Cal.2d 114 , 293 P.2d 57 ; Elliott v. State, 173 Tenn. 203 , 116 S.W.2d 1009 ; People v. Gonzales, 356 Mich. 247 , 97 N.W.2d 16 ; See: Einhorn, The Exclusionary Rule in Operation, 50 J. 1973Cf. People v. Blodgett, 46 Cal.2d 114 , 293 P.2d 57 ; Elliott v. State, 173 Tenn. 203 , 116 S.W.2d 1009 ; People v. Gonzales, 356 Mich. 247 , 97 N.W.2d 16 ; See: Einhorn, The Exclusionary Rule in Operation, 50 J. | 2 | 1960–1973 |
Elliott Et Ux. v. State
green
2 sentences1973Cf. People v. Blodgett, 46 Cal.2d 114 , 293 P.2d 57 ; Elliott v. State, 173 Tenn. 203 , 116 S.W.2d 1009 ; People v. Gonzales, 356 Mich. 247 , 97 N.W.2d 16 ; See: Einhorn, The Exclusionary Rule in Operation, 50 J. 1973Cf. People v. Blodgett, 46 Cal.2d 114 , 293 P.2d 57 ; Elliott v. State, 173 Tenn. 203 , 116 S.W.2d 1009 ; People v. Gonzales, 356 Mich. 247 , 97 N.W.2d 16 ; See: Einhorn, The Exclusionary Rule in Operation, 50 J. | 2 | 1960–1973 |
Kitchell v. Burgwin
green
2 sentences1900The defendants severally answered, denying all the mar terial allegations of the bill as to everything upon which the bill could stand, and without any replication being filed by the complainant the cause was by agreement set down for hearing on the merits, upon bill and answers and upon affidavits in support of the motion to dissolve the injunction. “ When a trial is had upon bill and answer, and no replication is filed, according to the uniform rule of practice in a court of equity, the answer must be considered as true.” Mason v. McGirr, 28 Ill. 322 ; DeWolf v. Long, 2 Gilm. 679 ; Kitchell 1862De Wolf v. Long, 2 Gilm. 682 ; Kitchell v. Burgwin, 21 Ill. 40 . | 2 | 1862–1900 |
People v. Smith
green
1 sentence2022Peterson felt like she 1 The police report provides there were reasonable grounds to believe that Peterson was driving under the influence due to improper lane usage, glossy eyes, odor of an alcoholic beverage, admitting to consuming alcohol, and a portable (preliminary) breath test of 0.121 BAC. 2 For a Breathalyzer test result to be admissible in court, the State must show “(1) the Breathalyzer test was performed according to the uniform standard adopted by the Department of State Police; (2) the operator administering the test was certified by the Department of State Police; (3) the machine | 1 | 2022–2022 |
Aryainejad v. Economy Fire & Casualty Co.
green
1 sentence2013Aryainejad, 278 Ill. | 1 | 2013–2013 |
People v. Larsen
green
1 sentence2007Orth, 124 Ill. 2d at 340 ; Larsen, 323 Ill. | 1 | 2007–2007 |
People v. Galvin
green
1 sentence1994(Galvin, 127 Ill. 2d at 163 .) In order to present results of breath tests for alcohol, the State’s foundation must include: "(1) evidence that the tests were performed according to the uniform standard adopted by the Illinois Department of Public Health, (2) evidence that the operator administering the tests was certified by the Department of Public Health, (3) evidence that the model used was a machine approved by the Department of Health, was tested regularly for accuracy, and was working properly, (4) evidence that the motorist was observed for the requisite 20 minutes prior to the test an | 1 | 1994–1994 |
People v. Thomas
green
1 sentence1994People v. Thomas (1990), 200 Ill. | 1 | 1994–1994 |
| People v. Meador green | 1 | 1991–1991 |
| People v. Keith green | 1 | 1991–1991 |
| People v. Clark green | 1 | 1990–1990 |
| People v. Emrich green | 1 | 1990–1990 |
| Pedrick v. Peoria & Eastern Railroad green | 1 | 1990–1990 |
| People v. Ward green | 1 | 1989–1989 |
| Sadnick v. Doyle green | 1 | 1988–1988 |
| In Re Saladino green | 1 | 1986–1986 |
| Ivy Broadcasting Company, Inc. v. American Telephone and Telegraph Company and New York Telephone Company, Defendants-Appellees-Appellants green | 1 | 1985–1985 |
| In Re Berkos neutral | 1 | 1983–1983 |
| In Re Taylor green | 1 | 1983–1983 |
| In Re Chapman green | 1 | 1983–1983 |
| In Re Kink green | 1 | 1983–1983 |
| County of Cook v. John Sexton Contractors Co. green | 1 | 1981–1981 |
| The People v. Watkins green | 1 | 1978–1978 |
| People v. Palmer green | 1 | 1978–1978 |
| Brooks v. Dean Berenz Asphalt Co., Inc. neutral | 1 | 1977–1977 |
| Roberts v. Town of Cicero neutral | 1 | 1977–1977 |
| MacIas v. Finch green | 1 | 1977–1977 |
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.