witness at the preliminary hearing (Illinois) · Go Syfert
← Illinois issues

witness at the preliminary hearing in Illinois

9 Illinois opinions name it 2 courts 1979–2026 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 (6)

CaseFollowedCited
People v. Tennantgreen
ill · 1976 · cited in 3 Illinois opinions naming this issue, 1995–2012
2 sentences

2012Sutherland, 223 Ill.2d at 273 , 307 Ill.Dec. 524 , 860 N.E.2d 178 ; see also Tennant, 65 Ill.2d at 404 , 3 Ill.Dec. 431 , 358 N.E.2d 1116 (the witness at the preliminary hearing "had been cross-examined by counsel for defendant without limitation").

2012Sutherland, 223 Ill.2d at 273 , 307 Ill.Dec. 524 , 860 N.E.2d 178 ; see also Tennant, 65 Ill.2d at 404 , 3 Ill.Dec. 431 , 358 N.E.2d 1116 (the witness at the preliminary hearing "had been cross-examined by counsel for defendant without limitation").

23
People v. Boclairgreen
ill · 1989 · cited in 2 Illinois opinions naming this issue, 2012–2012
2 sentences

2012The State, quoting People v. Boclair, 129 Ill.2d 458, 476 , 136 Ill.Dec. 29 , 544 N.E.2d 715 (1989), submits that "[e]videntiary rulings are within the sound discretion of the trial court and will not be disturbed on review unless the trial court has abused its discretion." Relying upon People v. Hall, 195 Ill.2d 1, 21 , 252 Ill.Dec. 552 , 743 N.E.2d 126 (2000) (citing People v. Williams, 188 Ill.2d 365, 369 , 242 Ill.Dec. 260 , 721 N.E.2d *928 539 (1999)), the defendant suggests, where, as here, admissibility turns on a question of law, the standard of review is de novo.

2012The State, quoting People v. Boclair, 129 Ill.2d 458, 476 , 136 Ill.Dec. 29 , 544 N.E.2d 715 (1989), submits that "[e]videntiary rulings are within the sound discretion of the trial court and will not be disturbed on review unless the trial court has abused its discretion." Relying upon People v. Hall, 195 Ill.2d 1, 21 , 252 Ill.Dec. 552 , 743 N.E.2d 126 (2000) (citing People v. Williams, 188 Ill.2d 365, 369 , 242 Ill.Dec. 260 , 721 N.E.2d *928 539 (1999)), the defendant suggests, where, as here, admissibility turns on a question of law, the standard of review is de novo.

12
People v. Hallgreen
ill · 2000 · cited in 2 Illinois opinions naming this issue, 2012–2012
2 sentences

2012The State, quoting People v. Boclair, 129 Ill.2d 458, 476 , 136 Ill.Dec. 29 , 544 N.E.2d 715 (1989), submits that "[e]videntiary rulings are within the sound discretion of the trial court and will not be disturbed on review unless the trial court has abused its discretion." Relying upon People v. Hall, 195 Ill.2d 1, 21 , 252 Ill.Dec. 552 , 743 N.E.2d 126 (2000) (citing People v. Williams, 188 Ill.2d 365, 369 , 242 Ill.Dec. 260 , 721 N.E.2d *928 539 (1999)), the defendant suggests, where, as here, admissibility turns on a question of law, the standard of review is de novo.

2012The State, quoting People v. Boclair, 129 Ill.2d 458, 476 , 136 Ill.Dec. 29 , 544 N.E.2d 715 (1989), submits that "[e]videntiary rulings are within the sound discretion of the trial court and will not be disturbed on review unless the trial court has abused its discretion." Relying upon People v. Hall, 195 Ill.2d 1, 21 , 252 Ill.Dec. 552 , 743 N.E.2d 126 (2000) (citing People v. Williams, 188 Ill.2d 365, 369 , 242 Ill.Dec. 260 , 721 N.E.2d *928 539 (1999)), the defendant suggests, where, as here, admissibility turns on a question of law, the standard of review is de novo.

12
People v. Williamsgreen
ill · 1999 · cited in 2 Illinois opinions naming this issue, 2012–2012
2 sentences

2012The State, quoting People v. Boclair, 129 Ill.2d 458, 476 , 136 Ill.Dec. 29 , 544 N.E.2d 715 (1989), submits that "[e]videntiary rulings are within the sound discretion of the trial court and will not be disturbed on review unless the trial court has abused its discretion." Relying upon People v. Hall, 195 Ill.2d 1, 21 , 252 Ill.Dec. 552 , 743 N.E.2d 126 (2000) (citing People v. Williams, 188 Ill.2d 365, 369 , 242 Ill.Dec. 260 , 721 N.E.2d *928 539 (1999)), the defendant suggests, where, as here, admissibility turns on a question of law, the standard of review is de novo.

2012The State, quoting People v. Boclair, 129 Ill.2d 458, 476 , 136 Ill.Dec. 29 , 544 N.E.2d 715 (1989), submits that "[e]videntiary rulings are within the sound discretion of the trial court and will not be disturbed on review unless the trial court has abused its discretion." Relying upon People v. Hall, 195 Ill.2d 1, 21 , 252 Ill.Dec. 552 , 743 N.E.2d 126 (2000) (citing People v. Williams, 188 Ill.2d 365, 369 , 242 Ill.Dec. 260 , 721 N.E.2d *928 539 (1999)), the defendant suggests, where, as here, admissibility turns on a question of law, the standard of review is de novo.

12
People v. Torresgreen
ill · 2012 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026Contrast People v. Boston, 2018 IL App (1st) 140369, ¶ 60 (affirming admission of preliminary hearing testimony where there was “no indication in the record that the court placed any time constraints or other - 13 - No. 1-24-0238 limitations on counsel’s ability to cross-examine” and the circuit court sustained only one objection), with Torres, 2012 IL 111302, ¶ 64 (affirming barring of testimony where the circuit court’s comments indicated it “was not enthusiastic” about proceeding with the hearing and sustained two objections, explaining “it [was] clear from the record that counsel would hav

11
People v. Bostongreen
illappct · 2018 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026Contrast People v. Boston, 2018 IL App (1st) 140369, ¶ 60 (affirming admission of preliminary hearing testimony where there was “no indication in the record that the court placed any time constraints or other - 13 - No. 1-24-0238 limitations on counsel’s ability to cross-examine” and the circuit court sustained only one objection), with Torres, 2012 IL 111302, ¶ 64 (affirming barring of testimony where the circuit court’s comments indicated it “was not enthusiastic” about proceeding with the hearing and sustained two objections, explaining “it [was] clear from the record that counsel would hav

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
People v. Starksgreen
illappct · 2012 · cited in 3 Illinois opinions naming this issue, 2017–2020
2 sentences

2020But cf. id. ¶ 64 (opining that “it is clear from the record that counsel would have done more with the witness at the preliminary hearing if he had felt free to do so”). ¶ 64 Defendant cites Starks, 2012 IL App (2d) 110273 , wherein the defendant was convicted of aggravated criminal sexual assault and other offenses.

2018But cf. id. ¶ 64 (opining that “it is clear from the record that counsel would have done more with the witness at the preliminary hearing if he had felt free to do so”). ¶ 64 Defendant cites Starks, 2012 IL App (2d) 110273 , wherein the defendant was convicted of aggravated criminal sexual assault and other offenses.

33

Also cited on this issue (8)

CaseCitedYears
People v. Sutherland green
ill · 2006
2 sentences

2012Sutherland, 223 Ill.2d at 273 , 307 Ill.Dec. 524 , 860 N.E.2d 178 ; see also Tennant, 65 Ill.2d at 404 , 3 Ill.Dec. 431 , 358 N.E.2d 1116 (the witness at the preliminary hearing "had been cross-examined by counsel for defendant without limitation").

2012Sutherland, 223 Ill.2d at 273 , 307 Ill.Dec. 524 , 860 N.E.2d 178 ; see also Tennant, 65 Ill.2d at 404 , 3 Ill.Dec. 431 , 358 N.E.2d 1116 (the witness at the preliminary hearing "had been cross-examined by counsel for defendant without limitation").

22012–2012
Ohio v. Roberts red
scotus · 1980
2 sentences

1995(Ohio v. Roberts, 448 U.S. at 73 , 65 L.

1995(Ohio v. Roberts, 448 U.S. at 73 , 65 L.

11995–1995
Barber v. Page green
scotus · 1968
1 sentence

1995Ed. 2d at 258 , 88 S. Ct. at 1320 ; People v. Horton (1976), 65 Ill. 2d 413 , 358 N.E.2d 1121 ; People v. Tennant (1976), 65 Ill. 2d 401 , 358 N.E.2d 1116 .) Where there was an adequate opportunity to cross-examine the witness at the preliminary hearing and defense counsel availed himself of that opportunity, the transcript bears sufficient indicia of reliability and affords the trier of fact a satisfactory basis for evaluating the truth of the prior statement.

11995–1995
People v. Horton green
ill · 1976
2 sentences

1995Ed. 2d at 258 , 88 S. Ct. at 1320 ; People v. Horton (1976), 65 Ill. 2d 413 , 358 N.E.2d 1121 ; People v. Tennant (1976), 65 Ill. 2d 401 , 358 N.E.2d 1116 .) Where there was an adequate opportunity to cross-examine the witness at the preliminary hearing and defense counsel availed himself of that opportunity, the transcript bears sufficient indicia of reliability and affords the trier of fact a satisfactory basis for evaluating the truth of the prior statement.

1995Ed. 2d at 258 , 88 S. Ct. at 1320 ; People v. Horton (1976), 65 Ill. 2d 413 , 358 N.E.2d 1121 ; People v. Tennant (1976), 65 Ill. 2d 401 , 358 N.E.2d 1116 .) Where there was an adequate opportunity to cross-examine the witness at the preliminary hearing and defense counsel availed himself of that opportunity, the transcript bears sufficient indicia of reliability and affords the trier of fact a satisfactory basis for evaluating the truth of the prior statement.

11995–1995
People v. Aldaco neutral
illappct · 1982
1 sentence

1991App. 3d 672, 676 , 437 N.E.2d 905 .) The party seeking admission of a witness’ prior testimony must satisfy a three-pronged test: (1) that the witness is dead or unavailable to testify; (2) that a reasonably diligent, good-faith effort to produce the witness has been made; and (3) that there has been an adequate opportunity to cross-examine the witness at the preliminary hearing.

11991–1991
People v. J.S. neutral
illappct · 1987
1 sentence

1991(In re J.S. (1987), 153 Ill.

11991–1991
People v. Guyton green
ill · 1972
2 sentences

1979(People v. Guyton, 53 Ill. 2d 114 , 290 N.E.2d 209 (1972); People v. Harrison.) The possible inability of a witness to describe in detail the facial characteristics and clothing of the accused and the presence of possible contradictory testimony are factors which the trier of fact must consider in determining the credibility of an identification witness.

1979(People v. Guyton, 53 Ill. 2d 114 , 290 N.E.2d 209 (1972); People v. Harrison.) The possible inability of a witness to describe in detail the facial characteristics and clothing of the accused and the presence of possible contradictory testimony are factors which the trier of fact must consider in determining the credibility of an identification witness.

11979–1979
People v. Brown green
illappct · 1977
1 sentence

1979App. 3d 348 , 365 N.E.2d 907 (1st Dist. 1977).) Furthermore, minor discrepancies in the testimony of a witness at the preliminary hearing and at trial, such as whether or not defendant had a slight mustache at the time of the offense, will not render an identification of an accused invalid.

11979–1979

Statutes the citing opinions construe

IL § 720 ILCS 5/31A-1.1 (3) IL § 725 ILCS 5/115-4 (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.

Where else courts name it

PA 34 (1928–2026) CA 34 (1954–2025) IL 9 (1979–2026) AZ 8 (1972–1990) NM 6 (1983–2024) OK 4 (1967–1974) KS 4 (1978–2006) UT 4 (1903–2017) NV 4 (2014–2018) CO 4 (1986–2004) OH 3 (1979–2022) MO 3 (1960–2017) GA 2 (1966–1976) MD 2 (1969–1978) TN 2 (1977–2010) KY 2 (2003–2022)

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.

← Caselaw search · G Cite Topics · Brief Check