admission of the HGN test (Illinois) · Go Syfert
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admission of the HGN test in Illinois

14 Illinois opinions name it 2 courts 1989–2026 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.

Followed or applied (8)

CaseFollowedCited
Strickland v. Washingtongreen
scotus · 1984 · cited in 5 Illinois opinions naming this issue, 1989–2014
2 sentences

2014Strickland v. Washington, 466 U.S. 668, 687 (1984); People v. Albanese, 104 Ill. 2d 504, 525 (1984).

2014Strickland v. Washington, 466 U.S. 668, 687 (1984); People v. Albanese, 104 Ill. 2d 504, 525 (1984).

25
People v. Albanesegreen
ill · 1984 · cited in 2 Illinois opinions naming this issue, 2014–2014
2 sentences

2014Strickland v. Washington, 466 U.S. 668, 687 (1984); People v. Albanese, 104 Ill. 2d 504, 525 (1984).

2014Strickland v. Washington, 466 U.S. 668, 687 (1984); People v. Albanese, 104 Ill. 2d 504, 525 (1984).

22
People v. Armangreen
ill · 1989 · cited in 2 Illinois opinions naming this issue, 2007–2007
2 sentences

2007When a defendant challenges the admission of evidence, we may hold the admission to be harmless “[wjhen the competent evidence in the record establishes the defendant’s guilt beyond a reasonable doubt and it can be concluded that retrial without the erroneous admission of the challenged evidence would produce no different result.” People v. Arman, 131 Ill. 2d 115, 124 (1989).

2007When a defendant challenges the admission of evidence, we may hold the admission to be harmless “[w]hen the competent evidence in the record establishes the defendant’s guilt beyond a reasonable doubt and it can be concluded that retrial without the erroneous admission of the challenged evidence would produce no different result.” People v. Arman, 131 Ill. 2d 115, 124 (1989).

22
People v. Browngreen
illappct · 2001 · cited in 2 Illinois opinions naming this issue, 2012–2012
2 sentences

2012We agree with the State that defendant has forfeited the foundation issue, but agree with defendant that the restitution order was improper. ¶ 7 Generally, "[t]o preserve an issue for appeal, the defendant must have raised the issue in a motion in limine or an objection at trial and also in a posttrial motion." People v. Brown, 319 Ill.App.3d 89, 96 , 253 Ill.Dec. 399 , 745 N.E.2d 173, 181 (2001).

2012We agree with the State that defendant has forfeited the foundation issue, but agree with defendant that the restitution order was improper. ¶ 7 Generally, "[t]o preserve an issue for appeal, the defendant must have raised the issue in a motion in limine or an objection at trial and also in a posttrial motion." People v. Brown, 319 Ill.App.3d 89, 96 , 253 Ill.Dec. 399 , 745 N.E.2d 173, 181 (2001).

12
People v. Borysgreen
illappct · 2013 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026See People v. Borys, 2013 IL App (1st) 111629, ¶¶ 40-41 (error in admission of officer’s HGN testimony was harmless where other evidence alone was sufficient to prove defendant guilty of DUI beyond a - 29 - reasonable doubt); People v. Graves, 2012 IL App (4th) 110536, ¶ 33 (finding any error in the admission of the HGN test results was harmless where the competent evidence showed defendant had failed two additional field sobriety tests).

11
People v. Presleygreen
illappct · 2023 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026See People v. Presley, 2023 IL App (5th) 230970, ¶ 28 .

11
People v. Gravesgreen
illappct · 2012 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026See People v. Borys, 2013 IL App (1st) 111629, ¶¶ 40-41 (error in admission of officer’s HGN testimony was harmless where other evidence alone was sufficient to prove defendant guilty of DUI beyond a - 29 - reasonable doubt); People v. Graves, 2012 IL App (4th) 110536, ¶ 33 (finding any error in the admission of the HGN test results was harmless where the competent evidence showed defendant had failed two additional field sobriety tests).

11
People v. Korzenewskigreen
illappct · 2012 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021People v. Korzenewski, 2012 IL App (4th) 101026, ¶¶ 15, 22-23 . - 10 - Finding no clear or obvious error, we find no plain error basis to permit defendant to avoid forfeiture of the HGN testing issue he now wishes to raise. ¶ 43 D.

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 (2)

CaseCitedYears
People v. Robinson green
ill · 2006
2 sentences

2006Given that the court is dismissing the appeal due to defendant's "failure to argue the issue upon which we granted leave to appeal" ( 223 Ill.2d at 175 , 308 Ill.Dec. at 24 , 860 N.E.2d at 1106 ), its opinion should amount to nothing more than an order of dismissal, and the "procedural history of the case" is wholly irrelevant. *1109 This leads me to wonder whether my colleagues in the majority are suggesting that defendant did not properly preserve his objection to the admission of the HGN test evidence.

2006Given that the court is dismissing the appeal due to defendant's "failure to argue the issue upon which we granted leave to appeal" ( 223 Ill.2d at 175 , 308 Ill.Dec. at 24 , 860 N.E.2d at 1106 ), its opinion should amount to nothing more than an order of dismissal, and the "procedural history of the case" is wholly irrelevant. *1109 This leads me to wonder whether my colleagues in the majority are suggesting that defendant did not properly preserve his objection to the admission of the HGN test evidence.

12006–2006
People v. Basler green
ill · 2000
2 sentences

2000Defense counsel raised no objection to the admission of the HGN test results against defendant, and use of the HGN test results was not contested by defendant in her post-trial motion." (Emphasis added.) 193 Ill.2d at 549 , 251 Ill.Dec. at 173 , 740 N.E.2d at 3 .

2000Defense counsel raised no objection to the admission of the HGN test results against defendant, and use of the HGN test results was not contested by defendant in her post-trial motion." (Emphasis added.) 193 Ill.2d at 549 , 251 Ill.Dec. at 173 , 740 N.E.2d at 3 .

12000–2000

Statutes the citing opinions construe

IL § 625 ILCS 5/11-501 (8) IL § 625 ILCS 5/6-303 (4)

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

IL 14 (1989–2026) AL 4 (1990–2016) OH 4 (2005–2019) PA 2 (2017–2023)

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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