function of a preliminary hearing (Illinois) · Go Syfert
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function of a preliminary hearing in Illinois

5 Illinois opinions name it 2 courts 1972–2026 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 (2)

CaseFollowedCited
Kaley v. United Statesgreen
scotus · 2014 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026See 2024 IL App (5th) 220492, ¶ 13 (“The function of a preliminary hearing is ‘to provide an early and independent check on the initial decision of the police or the district attorney to prosecute.’ ” (quoting Delmar Karlen, Anglo-American Criminal Justice 145 (1967))); Kaley v. United States, 571 U.S. 320, 329 (2014) (noting the “grand jury’s ‘historical role of protecting individuals from unjust persecution’ ” (quoting Gerstein v. Pugh, 420 U.S. 103 , 117 n.19 (1975))).

11
People v. Chamblissgreen
illappct · 2024 · cited in 1 Illinois opinions naming this issue, 2026–2026
2 sentences

2026The appellate court recognized the error here “deprived the defendant of the basic protections afforded by our constitution and, thus, proceeding forward with the prosecution without providing that protection resulted in an unfair or unreliable process for the determination of the defendant’s guilt or innocence.” 2024 IL App (5th) 220492, ¶ 25 . ¶ 92 Because of the constitutional significance of the probable cause determination to our system of justice, I believe that the trial court’s failure to make the required finding necessarily implicates the framework of a defendant’s trial and is a str

2026See 2024 IL App (5th) 220492, ¶ 13 (“The function of a preliminary hearing is ‘to provide an early and independent check on the initial decision of the police or the district attorney to prosecute.’ ” (quoting Delmar Karlen, Anglo-American Criminal Justice 145 (1967))); Kaley v. United States, 571 U.S. 320, 329 (2014) (noting the “grand jury’s ‘historical role of protecting individuals from unjust persecution’ ” (quoting Gerstein v. Pugh, 420 U.S. 103 , 117 n.19 (1975))).

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 (6)

CaseCitedYears
Gerstein v. Pugh green
scotus · 1975
1 sentence

2026See 2024 IL App (5th) 220492, ¶ 13 (“The function of a preliminary hearing is ‘to provide an early and independent check on the initial decision of the police or the district attorney to prosecute.’ ” (quoting Delmar Karlen, Anglo-American Criminal Justice 145 (1967))); Kaley v. United States, 571 U.S. 320, 329 (2014) (noting the “grand jury’s ‘historical role of protecting individuals from unjust persecution’ ” (quoting Gerstein v. Pugh, 420 U.S. 103 , 117 n.19 (1975))).

12026–2026
People v. Moore green
illappct · 1989
1 sentence

1990(Moore, 184 Ill.

11990–1990
People v. Puleo neutral
illappct · 1981
1 sentence

1989(People v. Puleo (1981), 96 Ill.

11989–1989
People v. Horton green
ill · 1976
2 sentences

1978However, as the court in Horton stated, “[C]learly the preliminary hearing is not intended to be a discovery proceeding.” ( 65 Ill. 2d 413, 417 , 358 N.E.2d 1121, 1124 .) The limitation on cross-examination imposed here was not an abuse of discretion in light of the function of a preliminary hearing.

1978However, as the court in Horton stated, “[C]learly the preliminary hearing is not intended to be a discovery proceeding.” ( 65 Ill. 2d 413, 417 , 358 N.E.2d 1121, 1124 .) The limitation on cross-examination imposed here was not an abuse of discretion in light of the function of a preliminary hearing.

11978–1978
Coleman v. Alabama green
scotus · 1970
1 sentence

1972The Supreme Court in the Adams case, however, specifically determined that Coleman v. Alabama, supra, was not to be retroactively applied in Illinois.

11972–1972
The PEOPLE v. Adams green
ill · 1970
1 sentence

1972In People v. Adams, 46 Ill.2d 200 , the Illinois Supreme Court observed that the function of a preliminary hearing in Illinois is much the same as that in Alabama and thus held that counsel was also required at that stage in our State.

11972–1972

Where else courts name it

PA 7 (1971–2017) IL 5 (1972–2026) VA 3 (1998–2008) ID 3 (1988–2014) NY 2 (1973–1975)

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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