exercise privilege (Illinois) · Go Syfert
← Illinois issues

exercise privilege in Illinois

65 Illinois opinions name it 2 courts 1886–2025 3 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 (13)

CaseFollowedCited
Naylor v. Gronkowskigreen
illappct · 1972 · cited in 3 Illinois opinions naming this issue, 1975–2001
2 sentences

2001“The exercise of privilege to avoid testifying, as in the case before us, is a classic example of a witness being available in person but not [the witness’] testimony.” Naylor v. Gronkowski, 9 Ill.

2001"The exercise of privilege to avoid testifying, as in the case before us, is a classic example of a witness being available in person but not [the witness'] testimony." Naylor v. Gronkowski, 9 Ill.

23
New York State Rifle & Pistol Assn., Inc. v. Bruengreen
scotus · 2022 · cited in 2 Illinois opinions naming this issue, 2024–2025
2 sentences

2025See id. at 38 n.9.

2024Stated differently, the Court’s recent second amendment precedents “were not meant to suggest a law trapped in amber.” Id. at ___, 144 S. Ct. at 1897-98 (“[T]he Second Amendment permits more than just those regulations identical to ones that could be found in 1791.”). ¶ 23 We need not go through the exercise of applying the test announced in Bruen and clarified in Rahimi here because Illinois’s FOID Card Act establishes an objective shall-issue licensing regime, which Bruen recognized was not unconstitutional.

22
Florida v. Nixongreen
scotus · 2004 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008It is generally established that “certain decisions regarding the exercise or waiver of basic trial rights are of such moment that they cannot be made for the defendant by a surrogate.” Florida v. Nixon, 543 U.S. 175, 187 , 160 L.

2008It is generally established that “certain decisions regarding the exercise or waiver of basic trial rights are of such moment that they cannot be made for the defendant by a surrogate.” Florida v. Nixon, 543 U.S. 175, 187 , 160 L.

22
People v. Caffeygreen
ill · 2001 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004People v. Caffey, 205 Ill. 2d 52, 101 , 792 N.E.2d 1163, 1194 (2001).

2004People v. Caffey, 205 Ill. 2d 52, 101 , 792 N.E.2d 1163, 1194 (2001).

22
United States v. Tokarsgreen
ca11 · 1996 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001Hudson, 195 Ill. 2d at 133 , 745 N.E.2d at 1256 , quoting United States v. Tokars, 95 F.3d 1520, 1533 (11th Cir. 1996).

2001Hudson , 195 Ill. 2d at 133 , 745 N.E.2d at 1256 (quoting United States v. Tokars , 95 F.3d 1520, 1533 (11th Cir. 1996)).

22
People v. Harrisgreen
ill · 1989 · cited in 2 Illinois opinions naming this issue, 1990–1992
2 sentences

1992(See Uviedo, 738 F.2d at 1430.) Rather, a court must focus its inquiry on the reasons actually articulated by the State.” (Harris, 129 Ill. 2d at 184 .) “Uviedo *** requires us to hold that although the record may disclose an explanation for the exercise of a challenge, that explanation cannot be found to be adequate by either the trial court or a court of review, unless the prosecutor articulated that as a reason for exercising a peremptory challenge.” (Emphasis added.) Harris, 129 Ill. 2d at 194 (Ryan, J., concurring in part and dissenting in part, joined by Miller, J.).

1992(See Uviedo, 738 F.2d at 1430.) Rather, a court must focus its inquiry on the reasons actually articulated by the State.” (Harris, 129 Ill. 2d at 184 .) “Uviedo *** requires us to hold that although the record may disclose an explanation for the exercise of a challenge, that explanation cannot be found to be adequate by either the trial court or a court of review, unless the prosecutor articulated that as a reason for exercising a peremptory challenge.” (Emphasis added.) Harris, 129 Ill. 2d at 194 (Ryan, J., concurring in part and dissenting in part, joined by Miller, J.).

22
Berkemer v. McCartygreen
scotus · 1984 · cited in 5 Illinois opinions naming this issue, 2003–2023
2 sentences

2023See, e.g., Berkemer, 468 U.S. at 438 - 42 (a traffic stop does not sufficiently impair the driver’s exercise of the privilege against self- incrimination so as to require that the driver be warned of his Miranda rights); People v. Jeffers, 365 Ill.

2006Berkemer, 468 U.S. at 439-42 , 82 L.

15
People v. Ricegreen
ill · 1995 · cited in 2 Illinois opinions naming this issue, 2017–2018
2 sentences

2018Asked by the assistant State’s Attorney, “And so you believed it was a semi-automatic pistol, correct?” Perez answered, “Yes, I do believe that.” - 18 - our rule, identified three conditions that must be satisfied before a statement will be admitted under the rule: “(1) the declarant must be unavailable, (2) the declarant’s statement must have been against his or her penal interest, and (3) corroborating circumstances must support the trustworthiness of the statement.” People v. Rice, 166 Ill. 2d 35, 43 (1995). ¶ 81 Rule 804(a)(1) specifically provides that a witness’s exercise of a privilege

2017This court, in examining Federal Rule of Evidence 804(b)(3), which is consistent *847 with our rule, identified three conditions that must be satisfied before a statement will be admitted under the rule: "(1) the declarant must be unavailable, (2) the declarant's statement must have been against his or her penal interest, and (3) corroborating circumstances must support the trustworthiness of the statement." People v. Rice , 166 Ill. 2d 35 , 43, 209 Ill.Dec. 635 , 651 N.E.2d 1083 (1995). ¶ 81 Rule 804(a)(1) specifically provides that a witness's exercise of a privilege satisfies the requiremen

12
People v. Jeffersgreen
illappct · 2006 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See, e.g., Berkemer, 468 U.S. at 438 - 42 (a traffic stop does not sufficiently impair the driver’s exercise of the privilege against self- incrimination so as to require that the driver be warned of his Miranda rights); People v. Jeffers, 365 Ill.

11
Chicago & Eastern Illinois Railroad v. Martin Bros. Container & Timber Productsgreen
illappct · 1980 · cited in 1 Illinois opinions naming this issue, 2010–2010
2 sentences

2010Co. v. Martin Brothers Container & Timber Products Corp., 87 Ill.

2010Co. v. Martin Brothers Container & Timber Products Corp., 87 Ill.App.3d 327, 334 , 42 Ill.Dec. 322 , 408 N.E.2d 1031 (1980).

11
Novak v. Rathnamgreen
ill · 1985 · cited in 1 Illinois opinions naming this issue, 1992–1992
2 sentences

1992(Novak v. Rathnam (1985), 106 Ill. 2d 478, 484 , 478 N.E.2d 1334, 1337 (psychiatrist called by defendant in criminal trial required to testify in subsequent civil case; of. self-incrimination privilege).) As to issue IV(C)(1), I would find it inconsistent with the exercise of the privilege for plaintiff to have designated Dr. Finn as an expert witness in accordance with Rule 220(a)(1). (134 Ill. 2d R. 220(a)(1).) Plaintiff chose to make that designation so that he could call Dr. Finn as a witness at trial — -so that plaintiff would avoid disqualification of the witness under Rule 220(b)(1). (1

1992(Novak v. Rathnam (1985), 106 Ill. 2d 478, 484 , 478 N.E.2d 1334, 1337 (psychiatrist called by defendant in criminal trial required to testify in subsequent civil case; of. self-incrimination privilege).) As to issue IV(C)(1), I would find it inconsistent with the exercise of the privilege for plaintiff to have designated Dr. Finn as an expert witness in accordance with Rule 220(a)(1). (134 Ill. 2d R. 220(a)(1).) Plaintiff chose to make that designation so that he could call Dr. Finn as a witness at trial — -so that plaintiff would avoid disqualification of the witness under Rule 220(b)(1). (1

11
People v. Garrettgreen
ill · 1990 · cited in 1 Illinois opinions naming this issue, 1992–1992
2 sentences

1992See People v. Garrett (1990), 139 Ill. 2d 189, 203-05 , 564 N.E.2d 784 ; People v. Beviel (1992), 250 Ill.

1992See People v. Garrett (1990), 139 Ill. 2d 189, 203-05 , 564 N.E.2d 784 ; People v. Beviel (1992), 250 Ill.

11
Hubert Mason, and Charles Albert Garrett, Jr. v. United States of America, Samuel Lewis Gladney v. United Statesgreen
ca10 · 1969 · cited in 1 Illinois opinions naming this issue, 1972–1972
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 (51)

CaseCitedYears
International Shoe Co. v. Washington green
scotus · 1945
2 sentences

2007The exercise of that privilege may give rise to obligations, and, so far as those obligations arise out of[,] or are connected with[,] the activities within the state, a procedure which requires the corporation to respond to a suit brought to enforce them can, in most instances, hardly be said to be undue.” International Shoe, 326 U.S. at 319 , 90 L.

2007The exercise of that privilege may give rise to obligations, and, so far as those obligations arise out of[,] or are connected with[,] the activities within the state, a procedure which requires the corporation to respond to a suit brought to enforce them can, in most instances, hardly be said to be undue.” International Shoe, 326 U.S. at 319 , 90 L.

91965–2007
Minnesota v. Murphy green
scotus · 1984
2 sentences

2009Murphy, 465 U.S. at 435 , 104 S.Ct. at 1146 , 79 L.Ed.2d at 424 .

2009Murphy, 465 U.S. at 435 , 104 S.Ct. at 1146 , 79 L.Ed.2d at 424 .

42007–2009
Maunder v. DeHavilland Aircraft of Canada, Ltd. green
ill · 1984
2 sentences

2004The exercise of that privilege may give rise to obligations, and, so far as those obligations arise out of or are connected with the activities within the state, a ■ procedure which requires the corporation to respond to a suit brought to enforce them can, in most instances, hardly be said to be undue.’ ” Maunder, 102 Ill. 2d at 348-49 , 466 N.E.2d at 220 , quoting International Shoe, 326 U.S. at 319 , 90 L.

2004The exercise of that privilege may give rise to obligations, and, so far as those obligations arise out of or are connected with the activities within the state, a ■ procedure which requires the corporation to respond to a suit brought to enforce them can, in most instances, hardly be said to be undue.’ ” Maunder, 102 Ill. 2d at 348-49 , 466 N.E.2d at 220 , quoting International Shoe, 326 U.S. at 319 , 90 L.

22004–2004
People v. Hudson green
ill · 2001
2 sentences

2001Hudson, 195 Ill. 2d at 133 , 745 N.E.2d at 1256 , quoting United States v. Tokars, 95 F.3d 1520, 1533 (11th Cir. 1996).

2001Hudson, 195 Ill. 2d at 133 , 745 N.E.2d at 1256 , quoting United States v. Tokars, 95 F.3d 1520, 1533 (11th Cir. 1996).

22001–2001
In Re Zisook green
ill · 1981
2 sentences

1995(In re Samuels, 126 Ill. 2d at 531 .) As this court has noted, attorneys have a duty to cooperate with the Administrator in a disciplinary proceeding: "Inasmuch as an attorney is an officer of this court and is licensed by this court to exercise the privilege of practicing law, an attorney has an obligation to cooperate with this court and its agency, the Attorney Registration and • Disciplinary Commission, in the performance of its duty to police the legal profession in this State.” (In re Zisook (1981), 88 Ill. 2d 321, 331 .) In this case, the record reflects that respondent’s efforts to coo

1988Attorneys licensed to practice in this State are “officer[s] of this court and : [are] licensed by this court to exercise the privilege of practicing law.” (In re Zisook (1981), 88 Ill. 2d 321, 331 .) This court has a duty to protect the public from an at- ; torney’s improper practices.

21988–1995
Swain v. Alabama red
scotus · 1965
2 sentences

1983To subject the prosecutor’s challenge in any particular case to the demands and traditional standards of the Equal Protection Clause would entail a radical change in the nature and operation of the challenge. *** In the light of the purpose of the peremptory system and the function it serves in a pluralistic society in connection with the institution of jury trial, we cannot hold that the Constitution requires an examination of the prosecutor’s reasons for the exercise of his challenge's in any given case.” 380 U.S. 202, 220-22 , 13 L.

1983To subject the prosecutor’s challenge in any particular case to the demands and traditional standards of the Equal Protection Clause would entail a radical change in the nature and operation of the challenge. *** In the light of the purpose of the peremptory system and the function it serves in a pluralistic society in connection with the institution of jury trial, we cannot hold that the Constitution requires an examination of the prosecutor’s reasons for the exercise of his challenge's in any given case.” 380 U.S. 202, 220-22 , 13 L.

21975–1983
Confederation Of Police v. Conlisk green
ca7 · 1974
2 sentences

1977“The underlying Violation’ in each case was the exercise of the privilege against self-incrimination before the grand jury, which was prohibited by Rule 51.” 489 F.2d 891, 895 .

1975The court of appeals held that “Rule 51, to the extent that it denies police officers the privilege against self-incrimination where criminal prosecution may follow, is constitutionally invalid.” The court also held that the remaining rules involved (2, 5 and 6) were unconstitutional as applied in the case because they were used only in conjunction with Rule 51 in effecting the discharge of plaintiffs and that “[t]he underlying ‘violation’ in each case was the exercise of the privilege against self-incrimination before the grand jury, which was prohibited by Rule 51.” ( 489 F.2d 891 , 895.) In

21975–1977
In Re Samuels green
ill · 1989
1 sentence

1995(In re Samuels, 126 Ill. 2d at 531 .) As this court has noted, attorneys have a duty to cooperate with the Administrator in a disciplinary proceeding: "Inasmuch as an attorney is an officer of this court and is licensed by this court to exercise the privilege of practicing law, an attorney has an obligation to cooperate with this court and its agency, the Attorney Registration and • Disciplinary Commission, in the performance of its duty to police the legal profession in this State.” (In re Zisook (1981), 88 Ill. 2d 321, 331 .) In this case, the record reflects that respondent’s efforts to coo

11995–1995
Tzystuck v. Chicago Transit Authority green
ill · 1988
2 sentences

1992Plaintiff argues he was forced to designate Dr. Finn as an expert because a local court rule required that treating physicians be designated as experts. ( Cf. Tzystuck v. Chicago Transit Authority (1988), 124 Ill.2d 226 , 124 Ill.Dec. 544 , 529 N.E.2d 525 .) It is still clear the reason Dr. Finn was designated was because plaintiff wanted to be free to call him at trial.

1992Plaintiff argues he was forced to designate Dr. Finn as an expert because a local court rule required that treating physicians be designated as experts. ( Cf. Tzystuck v. Chicago Transit Authority (1988), 124 Ill.2d 226 , 124 Ill.Dec. 544 , 529 N.E.2d 525 .) It is still clear the reason Dr. Finn was designated was because plaintiff wanted to be free to call him at trial.

11992–1992
People v. Jackson green
ill · 1991
1 sentence

1992(Jackson, 145 Ill. 2d at 99 .) Such a procedure ignores the first-step requirement that the trial court find a prima facie showing of purposeful discrimination.

11992–1992
People v. Beviel green
illappct · 1992
1 sentence

1992See People v. Garrett (1990), 139 Ill. 2d 189, 203-05 , 564 N.E.2d 784 ; People v. Beviel (1992), 250 Ill.

11992–1992
People v. Samel green
illappct · 1983
1 sentence

1991Indeed, when an administrative agency exercises its rule making power, it performs a quasi-legislative function. [Citation.] Administrative rules and regulations have the force and effect of law and, like a statute, enjoy a presumption of validity. [Citations.] Neither at the trial court level nor on appeal has the defendant challenged the validity of the regulation in question on the basis that it was not properly promulgated pursuant to legislative authority or that it was not binding on him.” (Emphasis added.) Samel, 115 Ill.

11991–1991
Salazar v. State green
alaska · 1976
1 sentence

1990(Salazar v. State, 559 P.2d at 79 .) There, the State’s chief witness in a murder prosecution told his wife that he and not the defendant was responsible for the murder involved.

11990–1990
Batson v. Kentucky green
scotus · 1986
2 sentences

1989(See United States v. Mathews (7th Cir. 1986), 803 F.2d 325, 332 ; State v. Antwine (Mo. 1987), 743 S.W.2d 51, 67 .) We would note, too, that the Supreme Court in Batson stated that the prosecution’s explanations for the exercise of peremptory challenges “need not rise to the level justifying the exercise of a challenge for cause.” (Batson v. Kentucky (1986), 476 U.S. 79, 97 , 90 L.

1989(See United States v. Mathews (7th Cir. 1986), 803 F.2d 325, 332 ; State v. Antwine (Mo. 1987), 743 S.W.2d 51, 67 .) We would note, too, that the Supreme Court in Batson stated that the prosecution’s explanations for the exercise of peremptory challenges “need not rise to the level justifying the exercise of a challenge for cause.” (Batson v. Kentucky (1986), 476 U.S. 79, 97 , 90 L.

11989–1989
State v. Antwine green
mo · 1987
1 sentence

1989(See United States v. Mathews (7th Cir. 1986), 803 F.2d 325, 332 ; State v. Antwine (Mo. 1987), 743 S.W.2d 51, 67 .) We would note, too, that the Supreme Court in Batson stated that the prosecution’s explanations for the exercise of peremptory challenges “need not rise to the level justifying the exercise of a challenge for cause.” (Batson v. Kentucky (1986), 476 U.S. 79, 97 , 90 L.

11989–1989
Ana M. UVIEDO, Plaintiff-Appellee, v. STEVES SASH & DOOR COMPANY, Defendant-Appellant green
ca5 · 1984
1 sentence

1989The Court of Appeals held that although there may be facts in the record which support the finding of the magistrate, "[t]he difficulty here, however, is that defendant never articulated to the magistrate that these were in fact the reasons for the particular challenged action." (Emphasis in original.) ( 738 F.2d at 1429 .) The language quoted in the majority opinion in the context of the Uviedo case does not preclude a reviewing court from considering reasons that are in the record which the prosecutor articulated for the exercise of peremptory challenge, whether or not they are the reasons g

11989–1989
United States v. Frederick Mathews green
ca7 · 1986
1 sentence

1989(See United States v. Mathews (7th Cir. 1986), 803 F.2d 325, 332 ; State v. Antwine (Mo. 1987), 743 S.W.2d 51, 67 .) We would note, too, that the Supreme Court in Batson stated that the prosecution’s explanations for the exercise of peremptory challenges “need not rise to the level justifying the exercise of a challenge for cause.” (Batson v. Kentucky (1986), 476 U.S. 79, 97 , 90 L.

11989–1989
People v. Young green
ill · 1989
1 sentence

1989As this court in People v. Young (1989), 128 Ill. 2d 1, 23 , observed, this argument cannot be lightly dismissed.

11989–1989
In Re Fisher green
ill · 1958
11988–1988
Griffin v. California green
scotus · 1965
11985–1985
Popejoy v. Zagel green
illappct · 1983
11985–1985
The PEOPLE v. Wollenberg green
ill · 1967
11985–1985
United States v. Western Pacific Railroad green
scotus · 1956
11980–1980
Rush v. Savchuk green
scotus · 1980
11980–1980
United States v. Bernard G. Rubin green
ca5 · 1977
11978–1978
Gardner v. Broderick green
scotus · 1968
11975–1975
Uniformed Sanitation Men Ass'n v. Commissioner of Sanitation of New York green
scotus · 1968
11975–1975
Spevack v. Klein green
scotus · 1967
11975–1975
Garrity v. New Jersey green
scotus · 1967
11975–1975
Gruenberg v. Aetna Insurance green
cal · 1973
11975–1975
Aragon v. People neutral
colo · 1963
11972–1972
Sutter v. Easterly green
· 1945
11972–1972
People v. Brown green
illappct · 1968
11972–1972
The People v. Qualls green
ill · 1961
11972–1972
People v. Appleby neutral
illappct · 1968
11972–1972
Johnson v. People green
colo · 1963
11972–1972
The PEOPLE v. Hubbard green
ill · 1967
11972–1972
United States v. Chicago, Milwaukee, St. Paul & Pacific Railroad green
scotus · 1931
11971–1971
Frost & Frost Trucking Co. v. Railroad Comm'n of Cal. green
scotus · 1926
11971–1971
The PEOPLE v. Adams green
ill · 1962
11967–1967

Statutes the citing opinions construe

IL § 750 ILCS 50/1 (4) IL § 720 ILCS 5/9-1 (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

CA 135 (1898–2026) NY 84 (1883–2025) PA 84 (1923–2026) IL 65 (1886–2025) TX 59 (1895–2023) NJ 56 (1903–2026) MA 47 (1881–2026) FL 43 (1940–2025) OH 39 (1927–2021) MD 38 (1954–2021) LA 34 (1917–2023) MI 33 (1921–2025) IN 32 (1896–2014) AL 29 (1887–2018) WI 28 (1932–2025) GA 28 (1903–2024) TN 26 (1918–2026) CT 24 (1920–2025) WA 24 (1920–2024) CO 23 (1909–2021) MO 20 (1905–2022) NC 17 (1912–2026) HI 16 (1909–2023) KS 15 (1895–2021) IA 14 (1904–2024) AZ 14 (1970–2019) MS 13 (1953–2018) OK 12 (1917–2012) KY 12 (1917–2025) DC 11 (1975–2008) OR 11 (1914–2021) RI 11 (1932–2011) AR 11 (1918–2010) UT 10 (1916–2015) AK 9 (1967–2024) WV 9 (1924–2022) NV 8 (1959–2015) MN 8 (1992–2016) ME 7 (1889–2025) WY 7 (1982–2020) SC 7 (1939–2014) SD 7 (1916–2007) ID 5 (2012–2021) ND 5 (1917–2015) VA 5 (1971–2011) NE 5 (1927–2000) NH 5 (1904–2019) MT 4 (1941–1987) NM 4 (1958–2021) VT 3 (1967–2019) DE 3 (1988–2024)

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