approach analysis in Illinois

2006The court first examined Illinois case law and determined that, though A >in the area of criminal prosecution, the void ab initio principle is especially appropriate,= @ (emphasis in original) (Perlstein v. Wolk, No. -8- 1-05-1752 & 1-05-1772, consol. 98909, slip op. at 7 (February 17, 2006), quoting Gersch, 135 Ill. 2d at 400 ), Illinois courts had not held that the void ab initio doctrine must be strictly applied despite harsh results.

2006The court first examined Illinois case law and determined that, though “ ‘in the area of criminal prosecution, the [void] ab initio principle is especially appropriate’ ” (emphasis in original) (Perlstein v. Wolk, 218 Ill. 2d 448, 457 (2006), quoting Gersch, 135 Ill. 2d at 400 ), Illinois courts had not held that the void ab initio doctrine must be strictly applied despite harsh results.

1991Since no such rule has, thus far, been adopted, the trial court acted appropriately in applying existing State law to deny defendant’s pretrial motion to prevent any introduction of defendant’s prior record or, in the alternative, to sanitize his prior convictions by referring to them strictly in a general sense as “felonies.” In Illinois, the use of a prior conviction for impeachment purposes is governed by the rule set forth by the supreme court in People v. Montgomery (1971), 47 Ill. 2d 510 , which provides that evidence of a prior conviction may be introduced for impeachment purposes if it

1979That is the approach and analysis taken by the Supreme Court in Barnes and that is how the issue has been approached by the Illinois Supreme Court and by this court. ( People v. Hood (1971), 49 Ill.2d 526 , 276 N.E.2d 310 ; People v. Davis . ) Recognition that this is the correct approach can be found also in the Supreme Court's footnote comment in Barnes noting lesser constitutional difficulties with common law inferences because they are invoked only in the discretion of the trial judge. ( 412 U.S. 837 , 845 n. 8, 37 L.Ed.2d 380 , 387 n. 8, 93 S.Ct. 2357 , 2362 n. 8.) This was also recognize

1979That is the approach and analysis taken by the Supreme Court in Barnes and that is how the issue has been approached by the Illinois Supreme Court and by this court. ( People v. Hood (1971), 49 Ill.2d 526 , 276 N.E.2d 310 ; People v. Davis . ) Recognition that this is the correct approach can be found also in the Supreme Court's footnote comment in Barnes noting lesser constitutional difficulties with common law inferences because they are invoked only in the discretion of the trial judge. ( 412 U.S. 837 , 845 n. 8, 37 L.Ed.2d 380 , 387 n. 8, 93 S.Ct. 2357 , 2362 n. 8.) This was also recognize

1979That is the approach and analysis taken by the Supreme Court in Barnes and that is how the issue has been approached by the Illinois Supreme Court and by this court. ( People v. Hood (1971), 49 Ill.2d 526 , 276 N.E.2d 310 ; People v. Davis . ) Recognition that this is the correct approach can be found also in the Supreme Court's footnote comment in Barnes noting lesser constitutional difficulties with common law inferences because they are invoked only in the discretion of the trial judge. ( 412 U.S. 837 , 845 n. 8, 37 L.Ed.2d 380 , 387 n. 8, 93 S.Ct. 2357 , 2362 n. 8.) This was also recognize

1979That is the approach and analysis taken by the Supreme Court in Barnes and that is how the issue has been approached by the Illinois Supreme Court and by this court. ( People v. Hood (1971), 49 Ill.2d 526 , 276 N.E.2d 310 ; People v. Davis . ) Recognition that this is the correct approach can be found also in the Supreme Court's footnote comment in Barnes noting lesser constitutional difficulties with common law inferences because they are invoked only in the discretion of the trial judge. ( 412 U.S. 837 , 845 n. 8, 37 L.Ed.2d 380 , 387 n. 8, 93 S.Ct. 2357 , 2362 n. 8.) This was also recognize

1979That is the approach and analysis taken by the Supreme Court in Barnes and that is how the issue has been approached by the Illinois Supreme Court and by this court. ( People v. Hood (1971), 49 Ill.2d 526 , 276 N.E.2d 310 ; People v. Davis . ) Recognition that this is the correct approach can be found also in the Supreme Court's footnote comment in Barnes noting lesser constitutional difficulties with common law inferences because they are invoked only in the discretion of the trial judge. ( 412 U.S. 837 , 845 n. 8, 37 L.Ed.2d 380 , 387 n. 8, 93 S.Ct. 2357 , 2362 n. 8.) This was also recognize

1979That is the approach and analysis taken by the Supreme Court in Barnes and that is how the issue has been approached by the Illinois Supreme Court and by this court. ( People v. Hood (1971), 49 Ill.2d 526 , 276 N.E.2d 310 ; People v. Davis . ) Recognition that this is the correct approach can be found also in the Supreme Court's footnote comment in Barnes noting lesser constitutional difficulties with common law inferences because they are invoked only in the discretion of the trial judge. ( 412 U.S. 837 , 845 n. 8, 37 L.Ed.2d 380 , 387 n. 8, 93 S.Ct. 2357 , 2362 n. 8.) This was also recognize

1965At the same time, however, we must bear in mind that basic to the whole approach is the rule that where “the language used in a statute is plain and unambiguous, there is no room for construction.” Mason v. Cutkomp, 15 Ill App2d 378, 381, 146 NE2d 382 .