matter of constitutional requirement (Illinois) · Go Syfert
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matter of constitutional requirement in Illinois

7 Illinois opinions name it 2 courts 1969–2020 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 (1)

CaseFollowedCited
Neil v. Biggersgreen
scotus · 1972 · cited in 1 Illinois opinions naming this issue, 1975–1975
2 sentences

1975Additional guidelines as to the relationship between suggestiveness and misidentification were announced in Neil v. Biggers, 409 U.S. 188, 198 , 34 L.Ed.2d 401, 410-11 , 93 S.Ct. 375, 381-82 (1972), where the Supreme Court stated that “It is the likelihood of misidentification which violates a defendant’s right to due process * * *.

1975Additional guidelines as to the relationship between suggestiveness and misidentification were announced in Neil v. Biggers, 409 U.S. 188, 198 , 34 L.Ed.2d 401, 410-11 , 93 S.Ct. 375, 381-82 (1972), where the Supreme Court stated that “It is the likelihood of misidentification which violates a defendant’s right to due process * * *.

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 (3)

CaseCitedYears
Simmons v. United States green
scotus · 1968
2 sentences

1987The Supreme Court pointed out in Simmons that it was unwilling to prohibit the use of witnesses’ picture identifications by law enforcement during the investigative and preapprehension stages of the proceedings, “as a matter of constitutional requirement.” ( 390 U.S. at 384 , 19 L.

1987The Supreme Court pointed out in Simmons that it was unwilling to prohibit the use of witnesses’ picture identifications by law enforcement during the investigative and preapprehension stages of the proceedings, “as a matter of constitutional requirement.” ( 390 U.S. at 384 , 19 L.

51969–1987
Gerstein v. Pugh green
scotus · 1975
1 sentence

2020Gerstein, 420 U.S. at 121-22 .

12020–2020
The PEOPLE v. Johnson green
ill · 1970
1 sentence

1970Instead, we hold that each case must be considered on its own facts, and that convictions based on eyewitness identification at trial following a pretrial identification by photograph will be set aside on that ground only if the photographic identification procedure was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.” This court has held in the case of People v. Johnson, 45 Ill.2d 38 , that the burden of proof is upon the defendant to establish the identification procedure to be so suggestive as to give rise to a very substantial l

11970–1970

Where else courts name it

CA 15 (1968–2005) IL 7 (1969–2020) MO 7 (1971–1992) FL 5 (1969–2010) NY 5 (1973–2024) MA 4 (1986–2006) IN 3 (1975–1998) VI 3 (1991–2015) MI 2 (1968–1977) NC 2 (1970–1971) PA 2 (1989–2013) VT 2 (1974–2009) RI 2 (1972–1983) OR 2 (2001–2001) MD 2 (1968–1975) CT 2 (1971–2025)

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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