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Case history; Prior: 58 Ill. App. 3d 57, 373 N. E. 2d 1013: Holding; When a search warrant specifies the person or people named in the warrant to be searched and the things to be seized, there is no authority to search others not named in the warrant, unless the warrant specifically mentions that the unnamed parties are involved in criminal activity or exigent circumstances are clearly shown.
The Federal Rules of Criminal Procedure provide in rule 7(f) that "the court may direct the government to file a bill of particulars".. In U.S. state law, the bill of particulars was abolished in nearly all court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through the discovery process.
In another California study, jury instructions were again simplified to make them easier for jurors to understand. The courts moved cautiously because, although verdicts are rarely overturned due to jury instructions in civil court, this is not the case in criminal court. For example, the old instructions on burden of proof in civil cases read: [3]
In a criminal case, the defendant has the right to contest every fact that might tend to incriminate him. Therefore, the court taking judicial notice would simply allow the jury to make the finding that the court took notice of, but would not require this outcome, and would not prevent the defense from presenting evidence to rebut the noticed fact.
Illinois, 484 U.S. 400 (1988), is a United States Supreme Court decision in which the Court held that defense witnesses can be prevented from testifying under certain circumstances, even if that hurts the defense's case. [1]
(The Center Square) – The Illinois Supreme Court is considering whether to find a state firearms statute prohibiting open carry unconstitutional in the case Illinois v. Tyshon Thompson. Thompson ...
In some cases, an appellate court may review a lower court decision "de novo" (or completely), challenging even the lower court's findings of fact. This might be the proper standard of review, for example, if the lower court resolved the case by granting a pre-trial motion to dismiss or motion for summary judgment which is usually based only ...
The Illinois Appellate Court is the court of first appeal for civil and criminal cases rising in the Illinois circuit courts. Three Illinois Appellate Court judges hear each case and the concurrence of two is necessary to render a decision. [4] The Illinois Appellate Court will render its opinion in writing, in the form of a published opinion ...