evidence defendant seeks test (Illinois) · Go Syfert
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evidence defendant seeks test in Illinois

6 Illinois opinions name it 1 courts 2008–2026 2 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 (2)

CaseFollowedCited
People v. O'CONNELLgreen
ill · 2007 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008O’Connell, 227 Ill. 2d at 38 (holding that a trial court does not err in sua sponte denying a defendant’s motion for section 116 — 3 testing when the motion is insufficient as a matter of law).

2008O’Connell, 227 Ill. 2d at 38 (holding that a trial court does not err in sua sponte denying a defendant’s motion for section 116-3 testing when the motion is insufficient as a matter of law).

22
People v. Barrowgreen
illappct · 2011 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026Even assuming defendant presented a prima facie case showing identity was a central issue at trial, the court did not err in denying his section 116-3 motion because the evidence defendant seeks to test 6 is not materially relevant to his claim of actual innocence. 1 See People v. Barrow, 2011 IL App (3d) 100086, ¶¶ 26, 32 (denial of a section 116-3 motion is appropriate where evidence would not materially advance defendant’s actual innocence claim despite a prima facie showing that identity was at issue). ¶ 18 In coming to this conclusion, we reject defendant’s contention that section 116-3 o

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 (2)

CaseCitedYears
People v. Savory green
ill · 2001
2 sentences

2008The issue in the instant case is whether the evidence defendant seeks to test is materially relevant to his claim of innocence. “[E]vidence which is ‘materially relevant’ to a defendant’s claim of actual innocence is simply evidence which tends to significantly advance that claim.” Savory, 197 Ill. 2d at 213 .

2008In his motion, defendant indicated that he sought testing of: “(1) a baseball cap and the victim’s clothes and purse (for traces of blood and/or perspiration); (2) a knife for same; (3) the victim’s nail clippings; (4) eyebrow and head hairs.” He further asserted that the testing had the potential to produce materially relevant evidence, explaining: “the result of the testing has the scientific potential to produce ‘conclusive’ findings that movant was not the donor and that a third-unknown party was which would wholly exonerate movant altogether.” The State, relying on People v. Savory, 197 I

42008–2008
People v. Johnson green
ill · 2002
1 sentence

2025Id. at 396 .

12025–2025

Statutes the citing opinions construe

IL § 725 ILCS 5/116-3 (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.

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