State cannot claim (Illinois) · Go Syfert
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State cannot claim in Illinois

9 Illinois opinions name it 2 courts 1974–2014 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
Carl Pettijohn v. Frank Hallgreen
ca1 · 1979 · cited in 4 Illinois opinions naming this issue, 2002–2008
2 sentences

2008If evidence "'is sufficiently reliable for prosecutorial use, the state cannot claim that it is too unreliable when offered by the defendant.'" Tenney, 205 Ill. 2d at 440 , 793 N.E.2d at 589 , quoting Pettijohn v. Hall, 599 F.2d 476, 481 (1st Cir. 1979).

2008If evidence “ ‘is sufficiently reliable for prosecutorial use, the state cannot claim that it is too unreliable when offered by the defendant.’ ” Tenney, 205 Ill. 2d at 440 , 793 N.E.2d at 589 , quoting Pettijohn v. Hall, 599 F.2d 476, 481 (1st Cir. 1979).

44
People v. Latonagreen
ill · 1998 · cited in 2 Illinois opinions naming this issue, 2014–2014
2 sentences

2014See People v. Latona, 184 Ill. 2d 260, 269 (1998) (noting that this court has a duty to avoid construing a statute in a way that defeats the purpose of the statute); see also 750 ILCS 45/6(c) (West 2012) (prohibiting DNA evidence from being used to “ratify” a validly executed VAP). ¶ 59 Accordingly, the State cannot challenge Alfred’s paternity under section 6(d).

2014See People v. Latona, 184 Ill. 2d 260, 269 (1998) (noting that this court has a duty to avoid construing a statute in a way that defeats the purpose of the statute); see also 750 ILCS 45/6(c) (West 2012) (prohibiting DNA evidence from being used to “ratify” a validly executed VAP). ¶ 59 Accordingly, the State cannot challenge Alfred’s paternity under section 6(d).

22
Woods v. Stategreen
nev · 1985 · cited in 2 Illinois opinions naming this issue, 2002–2002
2 sentences

2002Accord Pettijohn v. Hall, 599 F.2d 476, 481 (1st Cir. 1979) (reasoning that if evidence “is sufficiently reliable for prosecutorial use, the state cannot claim that it is too unreliable when offered by the defendant”); Woods v. State, 101 Nev. 128, 135 , 696 P.2d 464, 468 (1985) (same).

2002Accord Pettijohn v. Hall, 599 F.2d 476, 481 (1st Cir. 1979) (reasoning that if evidence “is sufficiently reliable for prosecutorial use, the state cannot claim that it is too unreliable when offered by the defendant”); Woods v. State, 101 Nev. 128, 135 , 696 P.2d 464, 468 (1985) (same).

22

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. Tenney green
ill · 2002
2 sentences

2008If evidence “ ‘is sufficiently reliable for prosecutorial use, the state cannot claim that it is too unreliable when offered by the defendant.’ ” Tenney, 205 Ill. 2d at 440 , 793 N.E.2d at 589 , quoting Pettijohn v. Hall, 599 F.2d 476, 481 (1st Cir. 1979).

2008If evidence “ ‘is sufficiently reliable for prosecutorial use, the state cannot claim that it is too unreliable when offered by the defendant.’ ” Tenney, 205 Ill. 2d at 440 , 793 N.E.2d at 589 , quoting Pettijohn v. Hall, 599 F.2d 476, 481 (1st Cir. 1979).

22008–2008
Kyles v. Whitley green
scotus · 1995
2 sentences

2001He asserts that the State cannot claim that it lacked knowledge of the abuse because under Kyles v. Whitley, 514 U.S. 419 , 131 L.

2001He asserts that the State cannot claim that it lacked knowledge of the abuse because under Kyles v. Whitley, 514 U.S. 419 , 131 L.

22001–2001
People v. Garcia green
illappct · 1972
2 sentences

1974(The record shows that the complainant did object to the dismissal.) In People v. Garcia, 7 Ill.App.3d 742, 747 , 288 N.E.2d 637 , the court held that a nolle prosequi of a burglary charge, entered before jeopardy had attached, does not prevent a subsequent prosecution for the same offense since the nolle prosequi “leaves the matter in the same condition as before the prosecution.” If voluntary dismissal of a State charge by the State cannot bar a subsequent prosecution, an agreement by a city prosecutor or a private citizen cannot.

1974(The record shows that the complainant did object to the dismissal.) In People v. Garcia, 7 Ill.App.3d 742, 747 , 288 N.E.2d 637 , the court held that a nolle prosequi of a burglary charge, entered before jeopardy had attached, does not prevent a subsequent prosecution for the same offense since the nolle prosequi “leaves the matter in the same condition as before the prosecution.” If voluntary dismissal of a State charge by the State cannot bar a subsequent prosecution, an agreement by a city prosecutor or a private citizen cannot.

11974–1974

Where else courts name it

TX 10 (1991–2018) IL 9 (1974–2014) MS 8 (1994–2023) CA 7 (1982–2019) NY 7 (1924–2017) KS 5 (1993–2007) IA 5 (2017–2021) FL 5 (1990–2006) MO 4 (1975–2017) OR 4 (1984–2017) OH 4 (2005–2020) GA 3 (1980–2009) WA 3 (1987–1994) OK 3 (1992–2018) MD 2 (1977–2010) NV 2 (1919–2012) MN 2 (1957–2015) TN 2 (1990–2011) SD 2 (2003–2017) AZ 2 (2016–2016) WI 2 (1991–2023) CT 2 (1994–2010) IN 2 (1979–2010)

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.

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