evidence and proving violation (Illinois) · Go Syfert
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evidence and proving violation in Illinois

9 Illinois opinions name it 2 courts 1976–2023 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.

Followed or applied (2)

CaseFollowedCited
People v. Beardgreen
ill · 1974 · cited in 2 Illinois opinions naming this issue, 1976–1992
2 sentences

1992(People v. Beard (1974), 59 Ill. 2d 220 , 319 N.E.2d 745 .) The defendant is entitled to written notice of the alleged violation, to disclosure of the evidence against him, to be heard in person and to present testimonial and documentary evidence, to confront and cross-examine adverse witnesses, to be judged by a neutral and detached hearing body, and to receive a written statement by the fact finder stating the evidence relied on and the reason for revocation.

1992(People v. Beard (1974), 59 Ill. 2d 220 , 319 N.E.2d 745 .) The defendant is entitled to written notice of the alleged violation, to disclosure of the evidence against him, to be heard in person and to present testimonial and documentary evidence, to confront and cross-examine adverse witnesses, to be judged by a neutral and detached hearing body, and to receive a written statement by the fact finder stating the evidence relied on and the reason for revocation.

12
People v. Haltermangreen
illappct · 1977 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See People v. Halterman, 45 Ill.

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 (7)

CaseCitedYears
In Re NW green
illappct · 1997
2 sentences

2001In re N.W., 293 Ill.

2001In re N.W. , 293 Ill.

22001–2001
People v. Bedenkop green
illappct · 1993
2 sentences

1997At a probation revocation hearing, the State has the burden of going forward with the evidence and proving the violation of probation by a preponderance of the evidence while using only competent evidence. 730 ILCS 5/5-6-4(c) (West 1994); People v. Bedenkop, 252 Ill.App.3d 419, 422 , 192 Ill.

1997At a probation revocation hearing, the State has the burden of going forward with the evidence and proving the violation of probation by a preponderance of the evidence while using only competent evidence. 730 ILCS 5/5-6-4(c) (West 1994); People v. Bedenkop, 252 Ill.App.3d 419, 422 , 192 Ill.

21997–1997
People v. Harder green
ill · 1975
2 sentences

1977People v. Harder (1975), 59 Ill. 2d 563 , 322 N.E.2d 470 ; People v. Boucher (1974), 57 Ill. 2d 225 , 311 N.E.2d 679 .

1977People v. Harder (1975), 59 Ill. 2d 563 , 322 N.E.2d 470 ; People v. Boucher (1974), 57 Ill. 2d 225 , 311 N.E.2d 679 .

11977–1977
People v. Boucher green
ill · 1974
2 sentences

1977People v. Harder (1975), 59 Ill. 2d 563 , 322 N.E.2d 470 ; People v. Boucher (1974), 57 Ill. 2d 225 , 311 N.E.2d 679 .

1977People v. Harder (1975), 59 Ill. 2d 563 , 322 N.E.2d 470 ; People v. Boucher (1974), 57 Ill. 2d 225 , 311 N.E.2d 679 .

11977–1977
People v. White neutral
illappct · 1968
2 sentences

1976App.2d 1 , 239 N.E.2d 854 .) In 1973 the Code of Criminal Procedure was amended to provide, in section 5-6-4(c), in pertinent part: "(c) The State has the burden of going forward with the evidence and proving the violation by the preponderance of the evidence." (Ill.

1976App. 2d 1 , 239 N.E.2d 854 .) In 1973 the Code of Criminal Procedure was amended to provide, in section 5—6—4(c), in pertinent part: “(c) The State has the burden of going forward with the evidence and proving the violation by the preponderance of the evidence.” (Ill.

11976–1976
People v. Davis green
ill · 1976
1 sentence

1976The majority, citing from numerous sources, none of which supports its conclusion, holds that these time-honored procedures do not "provide any necessary or useful safeguards to the defendants in cases such as this where the fact that the prior conviction had occurred has never been denied." ( 65 Ill.2d at 164 .) The fact of no denial is completely irrelevant; this was not a proceeding where issues were framed by allegations and denials, here "the State has the burden of going forward with the evidence and proving the violation by the preponderance of the evidence" (Ill.

11976–1976
People v. Pier green
ill · 1972
2 sentences

1976The evidence shall be presented in open court with the right of confrontation, cross-examination, and representation by counsel.” We have held that “The consequences of a determination that the probation order has been violated are so serious that the appellate courts have surrounded the defendant at a revocation hearing with many of the same due-process safeguards that are accorded to a defendant at a trial to determine his guilt. [Citations.] Since the results of a probation revocation may be a deprivation of liberty and, consequently, as serious as the original determination of guilt, we ag

1976The evidence shall be presented in open court with the right of confrontation, cross-examination, and representation by counsel." We have held that "The consequences of a determination that the probation order has been violated are so serious that the appellate courts have surrounded the defendant at a revocation hearing with many of the same due-process safeguards that are accorded to a defendant at a trial to determine his guilt. [Citations.] Since the results of a probation revocation may be a deprivation of liberty and, consequently, as serious as the original determination of guilt, we ag

11976–1976

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