Baity test (Illinois) · Go Syfert
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Baity test in Illinois

5 Illinois opinions name it 1 courts 2008–2023 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 (3)

CaseFollowedCited
People v. Pearsongreen
illappct · 2002 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010People v. Pearson, 331 Ill.

2010People v. Pearson, 331 Ill.

22
People v. Dinelligreen
ill · 2005 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008In People v. Dinelli, 217 Ill. 2d 387, 404 (2005), the supreme court again adopted the Baity test to analyze whether the two crimes at issue there were predicated on one or more acts.

2008In People v. Dinelli, 217 Ill. 2d 387, 404 (2005), the supreme court again adopted the Baity test to analyze whether the two crimes at issue there were predicated on one or more acts.

22
People v. Rodriguezgreen
ill · 1996 · cited in 1 Illinois opinions naming this issue, 2023–2023
2 sentences

2023Otherwise, he would have deleted, or attempted to delete, the videos before being confronted by Ericka, not after being confronted. ¶ 28 While many of the Baity factors favor the finding of a single act, and the factors are undoubtedly helpful, our supreme court has “caution[ed] that a court must not lose sight of the forest for the trees” as “[t]he definition of an ‘act’ under the King doctrine remains simply what this court stated in King: ‘any overt or outward manifestation which will support a different offense.’ ” People v. Rodriguez, 169 Ill. 2d 183, 188 (1996) (quoting King, 66 Ill. 2d

2023Otherwise, he would have deleted, or attempted to delete, the videos before being confronted by Ericka, not after being confronted. ¶ 28 While many of the Baity factors favor the finding of a single act, and the factors are undoubtedly helpful, our supreme court has “caution[ed] that a court must not lose sight of the forest for the trees” as “[t]he definition of an ‘act’ under the King doctrine remains simply what this court stated in King: ‘any overt or outward manifestation which will support a different offense.’ ” People v. Rodriguez, 169 Ill. 2d 183, 188 (1996) (quoting King, 66 Ill. 2d

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 (7)

CaseCitedYears
People v. Keefer green
illappct · 1992
2 sentences

2010Keefer, 229 Ill.

2010Keefer, 229 Ill.

22010–2010
People v. Porter green
ill · 1993
2 sentences

2008Based on Sienkiewicz and Dinelli, then, we will employ the Baity test to determine whether the Illinois prosecution is “for the same conduct” (Porter, 156 Ill. 2d at 222 ), i.e., predicated on the same act, as the New Mexico conviction.

2008Based on Sienkiewicz and Dinelli, then, we will employ the Baity test to determine whether the Illinois prosecution is “for the same conduct” (Porter, 156 Ill. 2d at 222 ), i.e., predicated on the same act, as the New Mexico conviction.

22008–2008
People v. Sienkiewicz green
ill · 2003
2 sentences

2008Sienkiewicz, 208 Ill. 2d at 7-8 .

2008Sienkiewicz, 208 Ill. 2d at 7-8 .

22008–2008
People v. Flaar green
illappct · 2006
2 sentences

2023Id. ¶ 25 Applying the Baity factors to the instant case, many of them indisputably favor the finding of a single act.

2023Id. ¶ 25 Applying the Baity factors to the instant case, many of them indisputably favor the finding of a single act.

12023–2023
People v. Dunnavan green
illappct · 2008
2 sentences

2023Id. at 519 .

2023Id. at 520 .

12023–2023
People v. King green
ill · 1977
2 sentences

2023Otherwise, he would have deleted, or attempted to delete, the videos before being confronted by Ericka, not after being confronted. ¶ 28 While many of the Baity factors favor the finding of a single act, and the factors are undoubtedly helpful, our supreme court has “caution[ed] that a court must not lose sight of the forest for the trees” as “[t]he definition of an ‘act’ under the King doctrine remains simply what this court stated in King: ‘any overt or outward manifestation which will support a different offense.’ ” People v. Rodriguez, 169 Ill. 2d 183, 188 (1996) (quoting King, 66 Ill. 2d

2023Otherwise, he would have deleted, or attempted to delete, the videos before being confronted by Ericka, not after being confronted. ¶ 28 While many of the Baity factors favor the finding of a single act, and the factors are undoubtedly helpful, our supreme court has “caution[ed] that a court must not lose sight of the forest for the trees” as “[t]he definition of an ‘act’ under the King doctrine remains simply what this court stated in King: ‘any overt or outward manifestation which will support a different offense.’ ” People v. Rodriguez, 169 Ill. 2d 183, 188 (1996) (quoting King, 66 Ill. 2d

12023–2023
People v. Baity green
illappct · 1984
2 sentences

2008Sienkiewicz noted that, in People v. Baity, 125 Ill.App.3d 50 , 80 Ill.Dec. 510 , 465 N.E.2d 622 (1984), the appellate court had adopted a six-factor test designed to analyze whether there were one or more acts underlying the charges, and it noted further that the supreme court had never positively endorsed the Baity analysis.

2008Sienkiewicz noted that, in People v. Baity, 125 Ill.App.3d 50 , 80 Ill.Dec. 510 , 465 N.E.2d 622 (1984), the appellate court had adopted a six-factor test designed to analyze whether there were one or more acts underlying the charges, and it noted further that the supreme court had never positively endorsed the Baity analysis.

12008–2008

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