avenue defense (Illinois) · Go Syfert
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avenue defense in Illinois

13 Illinois opinions name it 2 courts 1974–2025 4 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 (4)

CaseFollowedCited
People v. Stephensgreen
illappct · 1974 · cited in 3 Illinois opinions naming this issue, 2002–2008
2 sentences

2008See also People v. Stephens, 18 Ill.App.3d 971, 978 , 310 N.E.2d 824 (1974) ("[T]he State is not obligated to anticipate the avenue of defense and limit its proofs accordingly, even though [the] defendant admits or stipulates to the existence of certain facts").

2008See also People v. Stephens, 18 Ill.App.3d 971, 978 , 310 N.E.2d 824 (1974) ("[T]he State is not obligated to anticipate the avenue of defense and limit its proofs accordingly, even though [the] defendant admits or stipulates to the existence of certain facts").

33
People v. Hobleygreen
ill · 1994 · cited in 2 Illinois opinions naming this issue, 2002–2002
2 sentences

2002People v. Hobley, 159 Ill. 2d 272, 316 (1994). “[T]he State is not obligated to anticipate the avenue of defense and limit its proofs accordingly, even though defendant admits or stipulates to the existence of certain facts.” People v. Stephens, 18 Ill.

2002People v. Hobley , 159 Ill. 2d 272, 316 (1994). "[T]he State is not obligated to anticipate the avenue of defense and limit its proofs accordingly, even though defendant admits or stipulates to the existence of certain facts." People v. Stephens , 18 Ill.

22
People v. Johnsongreen
ill · 2002 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011People v. Johnson, 205 Ill.2d 381, 396-97 , 275 Ill.Dec. 820 , 793 N.E.2d 591 (2002) (finding DNA test on Vitullo rape kit had the potential to produce materially relevant evidence); Hockenberry, 316 Ill.

2011People v. Johnson, 205 Ill.2d 381, 396-97 , 275 Ill.Dec. 820 , 793 N.E.2d 591 (2002) (finding DNA test on Vitullo rape kit had the potential to produce materially relevant evidence); Hockenberry, 316 Ill.

12
People v. Hockenberrygreen
illappct · 2000 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011People v. Johnson, 205 Ill.2d 381, 396-97 , 275 Ill.Dec. 820 , 793 N.E.2d 591 (2002) (finding DNA test on Vitullo rape kit had the potential to produce materially relevant evidence); Hockenberry, 316 Ill.

2011People v. Johnson, 205 Ill. 2d 381, 396-97 (2002) (finding DNA test on Vitullo rape kit had the potential to produce materially relevant evidence); Hockenberry, 316 Ill.

12

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 (11)

CaseCitedYears
People v. Barrow green
illappct · 2011
2 sentences

2025Additionally, defendant cites no - 18 - authority in support of his position, nor does he explain how his contention is supported by the plain language of section 116-3. ¶ 48 We emphasize section 116-3 “does not provide a general means to discover evidence but rather an avenue to test targeted items that have the potential to provide materially relevant evidence as to a defendant’s claim of actual innocence.” People v. Barrow, 2011 IL App (3d) 100086, ¶ 30 .

2024Unlike Rule 417, section 116-3 “does not provide a general means to discover evidence” and instead, provides “an avenue to test targeted items that have the potential to provide materially relevant evidence as to a defendant’s claim of actual innocence.” People v. Barrow, 2011 IL App (3d) 100086, ¶ 30 .

32022–2025
The People v. Scheck green
ill · 1934
2 sentences

2002As put in People v. Speck, 41 Ill.2d 177 , 242 N.E.2d 208 (1968): "`It has never been held that the State is barred from proving a fact because the defendant offers to admit it, but, on the contrary, the rule is that when a trial is upon a plea of not guilty the State is permitted to go ahead and introduce its full proof of the crime charged in the indictment.'" Speck, 41 Ill.2d at 201-02 , 242 N.E.2d 208 , quoting People v. Scheck, 356 Ill. 56, 62 , 190 N.E. 108 (1934).

2002As put in People v. Speck, 41 Ill.2d 177 , 242 N.E.2d 208 (1968): "`It has never been held that the State is barred from proving a fact because the defendant offers to admit it, but, on the contrary, the rule is that when a trial is upon a plea of not guilty the State is permitted to go ahead and introduce its full proof of the crime charged in the indictment.'" Speck, 41 Ill.2d at 201-02 , 242 N.E.2d 208 , quoting People v. Scheck, 356 Ill. 56, 62 , 190 N.E. 108 (1934).

21974–2002
People v. Simmons green
ill · 1982
1 sentence

2022Simmons, 93 Ill. 2d at 99-100 ; Meyers, 158 Ill. 2d at 54 .

12022–2022
People v. Meyers green
ill · 1994
1 sentence

2022Simmons, 93 Ill. 2d at 99-100 ; Meyers, 158 Ill. 2d at 54 .

12022–2022
Custer v. Cerro Flow Products, Inc. neutral
illappct · 2019
1 sentence

2020Custer v. Cerro Flow Products, Inc., 2019 IL App (5th) 190285, ¶ 23 .

12020–2020
The People v. Speck green
ill · 1968
2 sentences

2002As put in People v. Speck, 41 Ill.2d 177 , 242 N.E.2d 208 (1968): "`It has never been held that the State is barred from proving a fact because the defendant offers to admit it, but, on the contrary, the rule is that when a trial is upon a plea of not guilty the State is permitted to go ahead and introduce its full proof of the crime charged in the indictment.'" Speck, 41 Ill.2d at 201-02 , 242 N.E.2d 208 , quoting People v. Scheck, 356 Ill. 56, 62 , 190 N.E. 108 (1934).

2002As put in People v. Speck, 41 Ill.2d 177 , 242 N.E.2d 208 (1968): "`It has never been held that the State is barred from proving a fact because the defendant offers to admit it, but, on the contrary, the rule is that when a trial is upon a plea of not guilty the State is permitted to go ahead and introduce its full proof of the crime charged in the indictment.'" Speck, 41 Ill.2d at 201-02 , 242 N.E.2d 208 , quoting People v. Scheck, 356 Ill. 56, 62 , 190 N.E. 108 (1934).

12002–2002
People v. Gonzalez green
ill · 1984
1 sentence

1994While a witness’ gang activity may be relevant to show bias against the defendant because the partiality of a witness is always relevant (Gonzalez, 104 Ill. 2d at 337-38 ), in this case, we believe the trial court properly excluded this avenue of inquiry in weighing its probative value (here, its marginal relevance) against the potential for prejudice and confusion of the issues where defendant had other alternatives which he used to discredit Simmons’ testimony.

11994–1994
People v. Hinton green
ill · 1972
2 sentences

1981(See People v. Hinton (1972), 52 Ill. 2d 239, 243 , 287 N.E.2d 657 , cert. denied (1973), 410 U.S. 940 , 35 L.

1981(See People v. Hinton (1972), 52 Ill. 2d 239, 243 , 287 N.E.2d 657 , cert. denied (1973), 410 U.S. 940 , 35 L.

11981–1981
Sellars v. Estelle green
scotus · 1973
1 sentence

1981(See People v. Hinton (1972), 52 Ill. 2d 239, 243 , 287 N.E.2d 657 , cert. denied (1973), 410 U.S. 940 , 35 L.

11981–1981
Carter v. Ferguson green
scotus · 1973
1 sentence

1981(See People v. Hinton (1972), 52 Ill. 2d 239, 243 , 287 N.E.2d 657 , cert. denied (1973), 410 U.S. 940 , 35 L.

11981–1981
The People v. Botulinski green
ill · 1945
2 sentences

1974(People v. Botulinski, 392 Ill. 212 , 64 N.E.2d 486 .) As stated in People v. Scheck, 356 Ill. 56, 62 , 190 N.E. 108 : “It has never been held that the State is barred from proving a fact because the defendant offers to admit it, but, on the contrary, the rule is that when a trial is upon a plea of not guilty the State is permitted to go ahead and introduce its full proof of the crime charged in the indictment. [Citation.] Given the materiality and relevancy of prior chastity to want of consent in a rape prosecution, we also recognize that, under the statute, it is not necessary for the State

1974(People v. Botulinski, 392 Ill. 212 , 64 N.E.2d 486 .) As stated in People v. Scheck, 356 Ill. 56, 62 , 190 N.E. 108 : “It has never been held that the State is barred from proving a fact because the defendant offers to admit it, but, on the contrary, the rule is that when a trial is upon a plea of not guilty the State is permitted to go ahead and introduce its full proof of the crime charged in the indictment. [Citation.] Given the materiality and relevancy of prior chastity to want of consent in a rape prosecution, we also recognize that, under the statute, it is not necessary for the State

11974–1974

Statutes the citing opinions construe

IL § 725 ILCS 5/116-3 (5)

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

NM 19 (1989–2024) TX 15 (1994–2025) IL 13 (1974–2025) CA 10 (1979–2026) NY 9 (1963–2021) OH 9 (1984–2023) GA 7 (1999–2012) NC 6 (1923–2021) MA 6 (1999–2026) PA 4 (2007–2024) IN 4 (2016–2026) MI 4 (1982–2024) FL 4 (1998–2007) AL 3 (1906–2015) SD 3 (2020–2025) IA 3 (1989–2017) MO 2 (1980–2024) MD 2 (1990–1995) KS 2 (2001–2021) CT 2 (1976–1990)

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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