People v. Gilliard

13 Citing cases

  1. Teague v. Lane

    820 F.2d 832 (7th Cir. 1987)   Cited 19 times

    A shocking number of defendants [in Illinois had] alleged [as of 1983] that prosecutors used peremptory challenges to exclude black people from the juries that convicted them: People v. Payne (1983), 99 Ill.2d 135, 75 Ill. Dec. 643, 457 N.E.2d 1202; People v. Yates (1983), 98 Ill.2d 502 at 540, 75 Ill.Dec. 188, 456 N.E.2d 1369 (Simon, J., dissenting); People v. Cobb (1983), 97 Ill.2d 465, 74 Ill.Dec. 1, 455 N.E.2d 31; People v. Williams (1983), 97 Ill.2d 252, 73 Ill.Dec. 360, 454 N.E.2d 220; People v. Bonilla (1983), 117 Ill. App.3d 1041, 73 Ill.Dec. 187, 453 N.E.2d 1322; People v. Gosberry (1983), 93 Ill.2d 544, 70 Ill.Dec. 468, 449 N.E.2d 815; People v. Davis (1983), 95 Ill.2d 1, 69 Ill.Dec. 136, 447 N.E.2d 353; People v. Gilliard (1983), 112 Ill.App.3d 799, 68 Ill.Dec. 440, 445 N.E.2d 1293; People v. Newsome (1982), 110 Ill.App.3d 1043, 66 Ill.Dec. 708, 443 N.E.2d 634; People v. Turner (1982), 110 Ill. App.3d 519, 66 Ill.Dec. 211, 442 N.E.2d 637; People v. Teague (1982), 108 Ill.App.3d 891, 64 Ill.Dec. 401, 439 N.E.2d 1066; People v. Belton (1982), 105 Ill. App.3d 10, 60 Ill.Dec. 881, 433 N.E.2d 1119; People v. Dixon (1982), 105 Ill.App.3d 340, 61 Ill.Dec. 216, 434 N.E.2d 369; People v. Gaines (1981), 88 Ill.2d 342, 58 Ill.Dec. 795, 430 N.E.2d 1046; People v. Mims (1981), 103 Ill.App.3d 673, 59 Ill.Dec. 369, 431 N.E.2d 1126; People v. Lavinder (1981), 102 Ill.App.3d 662, 58 Ill.Dec. 301, 430 N.E.2d 243; People v. Clearlee (1981), 101 Ill. App.3d 16, 56 Ill.Dec. 600, 427 N.E.2d 1005; People v. Vaughn (1981), 100 Ill.App.3d 1082, 56 Ill.Dec. 508, 427 N.E.2d 840; People v. Tucker (1981), 99 Ill.App.3d 606, 54 Ill.Dec. 646, 425 N.E.2d 511; People v. Allen (1981), 96 Ill. App.3d 871, 52 Ill.Dec. 419, 422 N.E.2d 100; People v. Bracey (1981), 93 Ill.App.3d 864, 49 Ill

  2. People v. Payne

    99 Ill. 2d 135 (Ill. 1983)   Cited 66 times
    In People v. Payne (1983), 99 Ill.2d 135, 457 N.E.2d 1202, and People v. Williams (1983), 97 Ill.2d 252, 454 N.E.2d 220, the Illinois Supreme Court declined to extend the sixth amendment fair-cross-section requirement, enunciated in Taylor v. Louisiana (1975), 419 U.S. 522, 42 L.Ed.2d 690, 95 S.Ct. 692, to petit juries.

    People v. Payne (Nov. 23, 1983), No. 56907; People v. Yates (Oct. 25, 1983), No. 53482, slip op. at 25 (Simon, J., dissenting); People v. Cobb (Oct. 4, 1983), Nos. 52944, 53038 cons.; People v. Williams (1983), 97 Ill.2d 252; People v. Bonilla (1983), 117 Ill. App.3d 1041; People v. Gosberry (1983), 93 Ill.2d 544; People v. Davis (1983), 95 Ill.2d 1; People v. Gilliard (1983), 112 Ill. App.3d 799; People v. Newsome (1982), 110 Ill. App.3d 1043; People v. Turner (1982), 110 Ill. App.3d 519; People v. Teague (1982), 108 Ill. App.3d 891; People v. Belton (1982), 105 Ill. App.3d 10; People v. Dixon (1982), 105 Ill. App.3d 340; People v. Gaines (1981), 88 Ill.2d 342; People v. Mims (1981), 103 Ill. App.3d 673; People v. Lavinder (1981), 102 Ill. App.3d 662; People v. Clearlee (1981), 101 Ill. App.3d 16; People v. Vaughn (1981), 100 Ill. App.3d 1082; People v. Tucker (1981), 99 Ill. App.3d 606; People v. Allen (1981), 96 Ill. App.3d 871; People v. Bracey (1981), 93 Ill. App.3d 864; People v. Smith (1980), 91 Ill. App.3d 523; People v. Fleming (1980), 91 Ill. App.3d 99; People v. Attaway (1976), 41 Ill. App.3d 837; People v. Thornhill (1975), 31 Ill. App.3d 779; People v. King (1973), 54 Ill.2d 291; People v. Powell (1973), 53 Ill.2d 465; People v. Petty (1972), 3 Ill. App.3d 951; People v. Fort (1971), 133 Ill. App.2d 473; People v. Butler (1970), 46 Ill.2d 162; People v. C

  3. Disposition of Petitions for Leave to Appeal

    93 Ill. 2d 549 (Ill. 1983)   Cited 1 times

    People v. Davis 95 Ill.2d 1 58-59 Taylorvoir direTaylor.People v. PayneTaylorvoir direvoirdire 106 Ill. App.3d 1034 1036-37 PayneCobbSwain.Davis, SwainPeople v. Davis 95 Ill.2d 1 58 SwainSwainPeople v. Davis 95 Ill.2d 1 16 SwainPeople v. CobbPeople v. Davis 95 Ill.2d 1 People v. Gilliard 112 Ill. App.3d 799 People v. Newsome 110 Ill. App.3d 1043 People v. Turner 110 Ill. App.3d 519 People v. Gosberry 109 Ill. App.3d 674 People v. Teague 108 Ill. App.3d 891 People v. Payne 106 Ill. App.3d 1034 appeal allowed 91 Ill.2d 577 People v. Belton 105 Ill. App.3d 10 People v. Dixon 105 Ill. App.3d 340 People v. Gaines 88 Ill.2d 342 People v.Mims 103 Ill. App.3d 673 People v.Lavinder 102 Ill. App.3d 662 People v.Clearlee 101 Ill. App.3d 16 People v.Vaughn 100 Ill. App.3d 1082 People v.Tucker 99 Ill. App.3d 606 People v.Allen 96 Ill. App.3d 871 People v.Bracey 93 Ill. App.3d 864 People v.Smith 91 Ill. App.3d 523 People v.Fleming 91 Ill. App.3d 99 People v.Attaway 41 Ill. App.3d 837 People v.Thornhill 31 Ill. App.3d 779 People v.King 54 Ill.2d 291 People v. Powell 53 Ill.2d 465 People v. Petty 3 Ill. App.3d 951 People v. Fort 133 Ill. App.2d 473 People v. Butler 46 Ill.2d 162 People v. Cross 40 Ill.2d 85 Peoplev. Dukes 19 Ill.2d 532 People v. Harris 17 Ill.2d 446 Watts v. Indiana 338 U.S. 49 52 93 L.

  4. People v. Mitchell

    517 N.E.2d 20 (Ill. App. Ct. 1987)   Cited 3 times

    At the hearing on the motion to dismiss, the State argued: first, the defendant waived this issue by failure to present it on direct appeal, and second, in light of the applicable law in effect at the time of defendant's trial ( Swain v. Alabama (1965), 380 U.S. 202, 13 L.Ed.2d 759, 85 S.Ct. 824), there was no error. The defendant, however, maintained that pursuant to a line of cases from the First District Appellate Court, the trial court had the duty to require the State to demonstrate race-neutral reasons for the exercise of peremptory challenges to excuse blacks from the jury. ( People v. Payne (1982), 106 Ill. App.3d 1034, 436 N.E.2d 1046; People v. Gilliard (1983), 112 Ill. App.3d 799, 455 N.E.2d 1293.) The defendant did admit there was no record in support of these allegations.

  5. People v. Withers

    115 Ill. App. 3d 1077 (Ill. App. Ct. 1983)   Cited 29 times
    In People v. Withers, 115 Ill. App.3d at 1088, 71 Ill.Dec. 444, 450 N.E.2d 1323, the Illinois Appellate Court stated, "the statute does not explicitly delegate to the State the power to choose which defendants shall be made subject to its terms.

    Two were members of the National Rifle Association. For these reasons defendant contends that the circuit court erred when it refused to require the State to show that it had not excluded all the prospective black jurors simply because they were black, citing People v. Payne (1982), 106 Ill. App.3d 1034, 436 N.E.2d 1046, People v. Gosberry (1982), 109 Ill. App.3d 674, 440 N.E.2d 954, and People v. Gilliard (1983), 112 Ill. App.3d 799, 445 N.E.2d 1293. The supreme court recently (May 27, 1983) considered the same issue, under substantially similar facts, in People v. Williams (1983), 97 Ill.2d 252.

  6. People v. Jones

    114 Ill. App. 3d 576 (Ill. App. Ct. 1983)   Cited 41 times

    Presently before our supreme court on leave to appeal. The division of this court which authored Payne has reaffirmed its position in People v. Gilliard (1983), 112 Ill. App.3d 799, 445 N.E.2d 1293, and People v. Gosberry (1982), 109 Ill. App.3d 674, 440 N.E.2d 954. Two other divisions have rejected Payne ( People v. Newsome (1982), 110 Ill. App.3d 1043, 443 N.E.2d 634, and People v. Teague (1982), 108 Ill. App.3d 891, 439 N.E.2d 1066), as have courts in other appellate districts ( People v. Osborn (1983), 111 Ill. App.3d 1078, 444 N.E.2d 1158; People v. Baylor (1982), 111 Ill. App.3d 286, 443 N.E.2d 1137).

  7. Mahaffey v. Ramos

    588 F.3d 1142 (7th Cir. 2009)   Cited 130 times
    Declining to consider claims not adequately briefed

    He explains that the Illinois Appellate Court recognized, in 1983, "an open secret that prosecutors in Chicago and elsewhere have been using their peremptory challenges to systematically eliminate all Blacks, or all but token Blacks, from juries in criminal cases where the defendants are Black." People v. Gilliard, 112 Ill.App.3d 799, 68 Ill.Dec. 440, 445 N.E.2d 1293, 1299 (1983). But Mahaffey's jury selection occurred in 1985, almost two years later.

  8. People v. Williams

    97 Ill. 2d 252 (Ill. 1983)   Cited 242 times   1 Legal Analyses
    Rejecting various legal theories contrary to Swain

    The division of the appellate court that decided Payne has followed its decision in subsequent cases. ( People v. Gilliard (1983), 112 Ill. App.3d 799; People v. Gosberry (1982), 109 Ill. App.3d 674.) Payne has been considered and rejected, however, by two other divisions of that court.

  9. Disposition of Petitions for Leave to Appeal

    96 Ill. 2d 544 (Ill. 1983)   Cited 11 times
    In Gibson, the defendant wrote that he wanted to appeal and that he was psychologically coerced into pleading guilty. Gibson, 95 Ill. 2d at 544.

    The judgment of the circuit court of Cook County is affirmed. Reported below: 112 Ill. App.3d 799 SIMON, J., dissenting.

  10. In re Petition of Doe

    254 Ill. App. 3d 405 (Ill. App. Ct. 1993)   Cited 9 times
    Suggesting that respondent in present cause could have gone to biological mother's residence "to speak to her directly and confront her about the welfare of his expected child," or that the respondent could have contacted the prenatal physician, or conferred with an attorney or "any public legal agency"

    There comes a point when we should not be ignorant as judges of what we know as men and women. (See Watts v. Indiana (1949), 338 U.S. 49, 52, 93 L.Ed. 1801, 1805, 69 S.Ct. 1347, 1349; People v. Gilliard (1983), 112 Ill. App.3d 799, 807, 445 N.E.2d 1293, 1300.) Plainly, it would be contrary to the best interest of Richard to "switch" parents at this stage of his life.