summary suspension rescission hearing (Illinois) · Go Syfert
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summary suspension rescission hearing in Illinois

12 Illinois opinions name it 1 courts 1989–2015 0 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 (5)

CaseFollowedCited
People v. Orthgreen
ill · 1988 · cited in 4 Illinois opinions naming this issue, 1989–1998
2 sentences

1998See People v. Orth, 124 Ill. 2d 326, 337-38 (1988).

1998People v. Orth, 124 Ill. 2d 326, 337-38 (1988).

24
People v. Burkegreen
illappct · 1991 · cited in 2 Illinois opinions naming this issue, 2003–2003
2 sentences

2003See People v. Burke, 220 Ill.

2003See People v. Burke , 220 Ill.

22
People v. McClaingreen
ill · 1989 · cited in 2 Illinois opinions naming this issue, 2002–2002
2 sentences

2002People v. McClain, 128 Ill. 2d 500, 505 (1989).

2002People v. McClain , 128 Ill. 2d 500, 505 (1989).

22
People v. Tellergreen
illappct · 1991 · cited in 2 Illinois opinions naming this issue, 1991–2015
2 sentences

2015App. 3d 346 (1991), we explained that “a summary suspension rescission hearing is civil in nature [citation] and is not part of the criminal process [citation].” Id. at 349 .

2015Accordingly, we held in Teller that “Schmidt does not limit the discovery to which a defendant is entitled in a rescission hearing because such a hearing is civil in nature [citation] and Schmidt involved the discovery permissible in a misdemeanor case.” Id. at 350 .

12
People v. Mooregreen
ill · 1990 · cited in 2 Illinois opinions naming this issue, 1991–1991
2 sentences

1991We need not address this issue, however, because a summary suspension rescission hearing is civil in nature (People v. Moore (1990), 138 Ill. 2d 162, 167 ) and is not part of the criminal process (Koss v. Slater (1987), 116 Ill. 2d 389, 395 ).

1991(Moore, 138 Ill. 2d at 167, 169 ; Teller, 207 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 (3)

CaseCitedYears
People v. Schmidt green
ill · 1974
1 sentence

1991Defendant raises four issues on appeal: (1) whether the process of the subpoena duces tecum is available to a defendant in a misdemeanor case; (2) whether defendant’s right to the process of the subpoena duces tecum is limited by her right to discovery pursuant to People v. Schmidt (1974), 56 Ill. 2d 572, 575 ; (3) whether a defendant may compel the production of documents at a summary suspension rescission hearing (rescission hearing) via the subpoena duces tecum procedure; and (4) whether the trial court erred in granting the State’s motion to quash defendant’s subpoena duces tecum.

11991–1991
Koss v. Slater green
ill · 1987
1 sentence

1991We need not address this issue, however, because a summary suspension rescission hearing is civil in nature (People v. Moore (1990), 138 Ill. 2d 162, 167 ) and is not part of the criminal process (Koss v. Slater (1987), 116 Ill. 2d 389, 395 ).

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

1991(People v. Flynn (1990), 197 Ill.

11991–1991

Statutes the citing opinions construe

IL § 625 ILCS 5/11-501 (3)

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.

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