course of any preliminary hearing (Illinois) · Go Syfert
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course of any preliminary hearing in Illinois

9 Illinois opinions name it 2 courts 1972–2013 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 (3)

CaseFollowedCited
People v. Hortongreen
ill · 1976 · cited in 3 Illinois opinions naming this issue, 1986–1999
2 sentences

1999Rule 411 provides that criminal discovery rules “shall become applicable following indictment or information and shall not be operative prior to or in the course of any preliminary hearing.” 134 Ill. 2d R. 411; see People v. Horton, 65 Ill. 2d 413, 417 (1976).

1999Rule 411 provides that criminal discovery rules "shall become applicable following indictment or information and shall not be operative prior to or in the course of any preliminary hearing." 134 Ill. 2d R. 411; see People v. Horton , 65 Ill. 2d 413, 417 (1976).

23
People v. Norrisgreen
ill · 2005 · cited in 1 Illinois opinions naming this issue, 2013–2013
2 sentences

2013People v. Norris, 214 Ill. 2d 92, 97 , 824 N.E.2d 205, 209 (2005).

2013People v. Norris, 214 Ill. 2d 92, 97 , 824 N.E.2d 205, 209 (2005).

11
Sulser v. Country Mutual Insurancegreen
ill · 1992 · cited in 1 Illinois opinions naming this issue, 2013–2013
2 sentences

2013Gildorf maintains that Rule 411 clearly provides that Rule 415(c) does not become “operative prior to or in the course of any preliminary hearing.” ¶ 34 The State responds that under the particular circumstances of this case, reading Rules 411 and 415(c) together creates an ambiguity because, although Rule 411 would indicate that the discovery rules were not applicable at the time Gilsdorf received the video in discovery from the State, Rule 415(c) nonetheless contains strong language about “a mandatory requirement in every case that the materials which an attorney receives shall remain in his

2013Gildorf maintains that Rule 411 clearly provides that Rule 415(c) does not become “operative prior to or in the course of any preliminary hearing.” ¶ 34 The State responds that under the particular circumstances of this case, reading Rules 411 and 415(c) together creates an ambiguity because, although Rule 411 would indicate that the discovery rules were not applicable at the time Gilsdorf received the video in discovery from the State, Rule 415(c) nonetheless contains strong language about “a mandatory requirement in every case that the materials which an attorney receives shall remain in his

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 (8)

CaseCitedYears
People v. Tennant green
ill · 1976
2 sentences

1977In the absence of discovery procedures and in view of the limited nature of the evidence which may be introduced at a preliminary hearing, the question whether adequate opportunity to cross-examine had existed at the preliminary hearing (see People v. Tennant, 65 Ill. 2d 401 ) may not depend in its entirety on what transpired at that hearing.

1976In the absence of discovery procedures and in view of the limited nature of the evidence which may be introduced at a preliminary hearing, the question whether adequate opportunity to cross-examine had existed at the preliminary hearing (see People v. Tennant, 65 Ill. 2d 401 ) may not depend in its entirety on what transpired at that hearing.

21976–1977
People v. Rinehart green
ill · 2012
1 sentence

2013Gildorf maintains that Rule 411 clearly provides that Rule 415(c) does not become “operative prior to or in the course of any preliminary hearing.” ¶ 34 The State responds that under the particular circumstances of this case, reading Rules 411 and 415(c) together creates an ambiguity because, although Rule 411 would indicate that the discovery rules were not applicable at the time Gilsdorf received the video in discovery from the State, Rule 415(c) nonetheless contains strong language about “a mandatory requirement in every case that the materials which an attorney receives shall remain in his

12013–2013
In re: Shelby R. green
illappct · 2012
2 sentences

2013Gildorf maintains that Rule 411 clearly provides that Rule 415(c) does not become “operative prior to or in the course of any preliminary hearing.” ¶ 34 The State responds that under the particular circumstances of this case, reading Rules 411 and 415(c) together creates an ambiguity because, although Rule 411 would indicate that the discovery rules were not applicable at the time Gilsdorf received the video in discovery from the State, Rule 415(c) nonetheless contains strong language about “a mandatory requirement in every case that the materials which an attorney receives shall remain in his

2013Gildorf maintains that Rule 411 clearly provides that Rule 415(c) does not become “operative prior to or in the course of any preliminary hearing.” ¶ 34 The State responds that under the particular circumstances of this case, reading Rules 411 and 415(c) together creates an ambiguity because, although Rule 411 would indicate that the discovery rules were not applicable at the time Gilsdorf received the video in discovery from the State, Rule 415(c) nonetheless contains strong language about “a mandatory requirement in every case that the materials which an attorney receives shall remain in his

12013–2013
People v. Rinehart green
ill · 2012
1 sentence

2013Gildorf maintains that Rule 411 clearly provides that Rule 415(c) does not become “operative prior to or in the course of any preliminary hearing.” ¶ 34 The State responds that under the particular circumstances of this case, reading Rules 411 and 415(c) together creates an ambiguity because, although Rule 411 would indicate that the discovery rules were not applicable at the time Gilsdorf received the video in discovery from the State, Rule 415(c) nonetheless contains strong language about “a mandatory requirement in every case that the materials which an attorney receives shall remain in his

12013–2013
People v. Elbus green
illappct · 1983
1 sentence

1986(People v. Horton (1976), 65 Ill. 2d 413, 417 , 358 N.E.2d 1121, 1124 .) Furthermore, any authority “a trial court may have had to order pretrial discovery, absent specific rules, is not relevant after adoption of the supreme court rules.” (People v. Elbus (1983), 116 Ill.

11986–1986
People v. Schmidt green
ill · 1974
1 sentence

1981This contention is based on the concluding paragraph in People v. Schmidt (1974), 56 Ill. 2d 572 , 575: “The State is required to furnish defendants in misdemeanor cases with a list of witnesses (Ill.

11981–1981
People v. Howell green
illappct · 1977
1 sentence

1979If the acts which violated the probation also constitute a criminal offense, the State may, of course, prosecute the probationer for that offense (People v. Howell (1977), 46 Ill.

11979–1979
People v. Taylor green
illappct · 1970
2 sentences

1972If any such order of suppression of evidence or dismissal of the charge is aHowed and issued in the course of any preliminary hearing or examination, such order of suppression or of dismissal shaH be non-final, the State may not appeal therefrom, and such order of suppression or of dismissal shaH not in any manner bar, affect or be determinative in any subsequent proceedings.” Defendant, citing People v. Taylor, 124 Ill.App.2d 268 , 260 N.E.2d 347 , asserts that the State pursuant to the above mentioned provisions is allowed to relitigate a motion to suppress evidence which has been aHowed at

1972If any such order of suppression of evidence or dismissal of the charge is aHowed and issued in the course of any preliminary hearing or examination, such order of suppression or of dismissal shaH be non-final, the State may not appeal therefrom, and such order of suppression or of dismissal shaH not in any manner bar, affect or be determinative in any subsequent proceedings.” Defendant, citing People v. Taylor, 124 Ill.App.2d 268 , 260 N.E.2d 347 , asserts that the State pursuant to the above mentioned provisions is allowed to relitigate a motion to suppress evidence which has been aHowed at

11972–1972

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