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12 Illinois opinions name it 2 courts 1981–2024 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. Greergreen2 sentences1989(People v. Greer (1980), 79 Ill. 2d 103 , 402 N.E.2d 203 .) Supreme Court Rule 415 provides a variety of sanctions which may be imposed for the violation of a discovery rule. (107 Ill. 2d R. 415.) A trial court may order disclosure of the material, grant a continuance, exclude the evidence, or enter such an order as seems just under the circumstances. (107 Ill. 2d R. 415(g).) In fashioning its sanction, the trial court must evaluate the strength of the undisclosed evidence, the likelihood that prior notice could have helped the defense discredit the evidence, and the willfulness of the State i 1989(People v. Greer (1980), 79 Ill. 2d 103 , 402 N.E.2d 203 .) Supreme Court Rule 415 provides a variety of sanctions which may be imposed for the violation of a discovery rule. (107 Ill. 2d R. 415.) A trial court may order disclosure of the material, grant a continuance, exclude the evidence, or enter such an order as seems just under the circumstances. (107 Ill. 2d R. 415(g).) In fashioning its sanction, the trial court must evaluate the strength of the undisclosed evidence, the likelihood that prior notice could have helped the defense discredit the evidence, and the willfulness of the State i | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
People v. Leongreen1 sentence2024But cf. People v. Leon, 306 Ill. App. 3d 707, 711 (1999) (affirming the trial court’s sanction for a violation of a discovery rule; noting that the “record indicates that defendant had been held in jail on a very high bond for 116 days at the time of the hearing”). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
People v. Koutsakis
green
2 sentences2003Koutsakis, 255 Ill. 2003Koutsakis , 255 Ill. | 2 | 2003–2003 |
Nedzvekas v. Fung
green
2 sentences2015Nedzvekas, 374 Ill. 2015Nedzvekas v. Fung, 374 Ill. | 1 | 2015–2015 |
Sohaey v. Van Cura
green
1 sentence1994(Sohaey v. Van Cura (1994), 158 Ill. 2d 375 .) The relevant portions of Rule 220 read as follows: "(b) Disclosure. (1) Expert witness. | 1 | 1994–1994 |
People v. Sosa
neutral
1 sentence1994The rule provides in part that the State shall, upon written motion of defense counsel, disclose to defense counsel "any material or information within its possession or control which tends to negate the guilt of the accused as to the offense charged or would tend to reduce his punishment therefor.” (134 Ill. 2d R. 412(c).) The trial court may impose sanctions for the violation of a discovery rule. (134 Ill. 2d R. 415(g).) However, declaring a mistrial is a drastic sanction (People v. Sosa (1990), 195 Ill. | 1 | 1994–1994 |
People v. Gutirrez
green
1 sentence1994App. 3d 828, 834 ), and a new trial is not warranted unless the requested materials were "material” in a constitutional sense (People v. Gutirrez (1990), 205 Ill. | 1 | 1994–1994 |
People v. Stewart
neutral
1 sentence1993(People v. Stewart (1992), 227 Ill. | 1 | 1993–1993 |
People v. Morgan
green
2 sentences1990(People v. Morgan (1986), 112 Ill. 2d 111, 135 , 492 N.E.2d 1303 .) A trial court may order disclosure of the material, grant a continuance, exclude the evidence, or enter such order as seems just under the circumstances. (107 Ill. 2d R. 415(g); Morgan, 112 Ill. 2d at 135 , 492 N.E.2d at 1312 .) Declaring a mistrial is a drastic sanction, and the court can, by sustaining an objection and instructing the jury to disregard an improper remark, usually correct any error. 1990(People v. Morgan (1986), 112 Ill. 2d 111, 135 , 492 N.E.2d 1303 .) A trial court may order disclosure of the material, grant a continuance, exclude the evidence, or enter such order as seems just under the circumstances. (107 Ill. 2d R. 415(g); Morgan, 112 Ill. 2d at 135 , 492 N.E.2d at 1312 .) Declaring a mistrial is a drastic sanction, and the court can, by sustaining an objection and instructing the jury to disregard an improper remark, usually correct any error. | 1 | 1990–1990 |
People v. Taylor
green
1 sentence1989App. 3d 128, 137 , 474 N.E.2d 466, 473 .) A similar situation to that presented here arose in People v. Taylor (1982), 107 Ill. | 1 | 1989–1989 |
People v. Jackson
green
2 sentences1989App. 3d 128, 137 , 474 N.E.2d 466, 473 .) A similar situation to that presented here arose in People v. Taylor (1982), 107 Ill. 1989Again, a violation of a discovery rule does not mandate a reversal unless the defendant can show surprise or prejudice. (107 Ill. 2d R. 412; People v. Jackson (1985), 131 Ill. | 1 | 1989–1989 |
People v. Norks
green
1 sentence1989(People v. Norks (1985), 137 Ill. | 1 | 1989–1989 |
People v. Weaver
green
2 sentences1986A trial court may order disclosure of the material, grant a continuance, exclude the evidence, or enter such an order as seems just under the circumstances. (87 Ill. 2d R. 415(g).) The correct sanction to be applied is left to the trial court’s discretion, and the judgment of the trial judge is given great weight (People v. Weaver (1982), 92 Ill. 2d 545, 559 ). 1986A trial court may order disclosure of the material, grant a continuance, exclude the evidence, or enter such an order as seems just under the circumstances. (87 Ill.2d R. 415(g).) The correct sanction to be applied is left to the trial court's discretion, and the judgment of the trial judge is given great weight ( People v. Weaver (1982), 92 Ill.2d 545, 559 ). | 1 | 1986–1986 |