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13 Illinois opinions name it 2 courts 1990–2024 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.
| Case | Followed | Cited |
|---|---|---|
Batson v. Kentuckygreen2 sentences2022Batson Challenge ¶ 52 Defendant contends the circuit court improperly handled his Batson challenge. ¶ 53 Batson v. Kentucky, 476 U.S. 79, 96 (1986) created a three-step process for evaluating whether the use of a peremptory challenge was based on race. 1993(Batson, 476 U.S. at 97-98 , 90 L. | 1 | 2 |
United States v. Martinez-Salazargreen2 sentences2022See United States v. Martinez-Salazar, 528 U.S. 304, 311 (2000) (in finding that the denial of the use of a peremptory challenge was not structural error, the Court reasoned that - 13 - peremptory challenges were only one way to ensure that a jury is unbiased and other mechanisms are in place to ensure the fairness of a jury trial). ¶ 47 When the record is otherwise devoid of any indication of a lack of juror unanimity, a jury polling error alone does not justify reversing a conviction on the fear of denial of the right to juror unanimity. 2009Martinez-Salazar, 528 U.S. at 311 , 145 L. | 1 | 2 |
People v. Davisgreen1 sentence2024People v. Davis, 231 Ill. 2d 349, 360 (2008). ¶ 49 In the first step, the moving party opposing the peremptory strike must present sufficient evidence to permit the trial court to infer that discrimination based on race formed the basis for striking the prospective juror. | 1 | 1 |
People v. Browngreen1 sentence2022See People v. Brown, 152 Ill. | 1 | 1 |
People v. Taylorgreen1 sentence2015See People v. Taylor, 409 Ill. | 1 | 1 |
United States v. Driefus Harbin, A/K/A Omar, Herman Hicks, A/K/A Herm, and Radar Tyler, A/K/A Big Dargreen1 sentence2013Indeed, in Harbin, the only case we find on point, the court deemed it “unprecedented.” Harbin, 250 F.3d at 537. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hernandez v. New York
green
2 sentences2001Hernandez, 500 U.S. at 359 , 114 L. 2001Hernandez, 500 U.S. at 359 , 114 L. | 2 | 2001–2001 |
People v. Brown
green
1 sentence2020Reversal is not warranted. ¶ 42 Finally, plaintiffs claim the trial courts’ mid-trial removal of juror J.D. must be automatically reversed because it affected the impartiality of the jury (citing People v. Brown, 2013 IL App (2d) 111228 (finding the trial court’s decision to allow the State to remove a juror mid-trial through the use of a peremptory challenge constituted structural error and required 14 automatic reversal). | 1 | 2020–2020 |
Swain v. Alabama
red
2 sentences2009Ed. 2d at 772 , 85 S. Ct. at 835 , where the Court stated that automatic reversal was required where a defendant was denied the use of a peremptory challenge. 2009The Court acknowledged that its position could be interpreted to conflict with Swain, 380 U.S. at 219 , 85 S.Ct. at 835 , 13 L.Ed.2d at 772 , where the Court stated that automatic reversal was required where a defendant was denied the use of a peremptory challenge. | 1 | 2009–2009 |
People v. Evans
green
2 sentences1990(Evans, 125 Ill. 2d at 62 , 530 N.E.2d at 1364 .) At no place in the court’s analysis is it even remotely suggested that, had the defense timely objected to the use of a peremptory challenge to excuse Mary Patton at trial, that objection, alone, would be sufficient to preserve the issue for review. 1990(Evans, 125 Ill. 2d at 62 , 530 N.E.2d at 1364 .) At no place in the court’s analysis is it even remotely suggested that, had the defense timely objected to the use of a peremptory challenge to excuse Mary Patton at trial, that objection, alone, would be sufficient to preserve the issue for review. | 1 | 1990–1990 |
People v. Williams
green
1 sentence1990People v. Williams (1988), 177 Ill. | 1 | 1990–1990 |
People v. MacK
green
2 sentences1990(People v. Mack (1989), 128 Ill. 2d 231, 241 , 538 N.E.2d 1107 .) The fact that a potential juror lived in the area of the crime has been found to be a legitimate race-neutral explanation for the use of a peremptory challenge. 1990(People v. Mack (1989), 128 Ill. 2d 231, 241 , 538 N.E.2d 1107 .) The fact that a potential juror lived in the area of the crime has been found to be a legitimate race-neutral explanation for the use of a peremptory challenge. | 1 | 1990–1990 |
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.