# People v. Kubat

> Illinois Supreme Court · January 24, 1983 · 94 Ill. 2d 437

URL: https://www.frixlaw.com/law-library/cases/9734154

## Case

- **Full name:** The PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ROBERT KUBAT, Appellant
- **Court:** Illinois Supreme Court
- **Decided:** January 24, 1983
- **Citations:** 94 Ill. 2d 437; 69 Ill. Dec. 30; 447 N.E.2d 247; 1983 Ill. LEXIS 300
- **Precedential status:** Published
- **Opinion:** Dissent by Simon
- **Judges:** Underwood, Clark, Goldenhersh, Simon
- **Cited by:** 186 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9734154

## How later opinions describe it (automated extraction)

- finding that a prospective juror's use of phrases during voir dire, such as "I don't think" or "I don't know" is not necessarily indicative of doubt and "a venireman [is not expected] to express himself with meticulous preciseness . . ."
- concluding that the death penalty statute ensures adequate safeguards to prevent the arbitrary or capricious imposition of the penalty

## Opinion text

JUSTICE SIMON, also dissenting:
I join in the dissent of Justice Goldenhersh. I also concur with Justice Clark’s well-reasoned dissatisfaction with the faulty instruction and the photographic-identification procedures. For the reasons so logically and convincingly advanced by Justice Goldenhersh, my view is that the conviction cannot stand. It should be reversed, and the defendant should receive a new trial.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9734154. Public record. Not legal advice.