Opinion

People v. Johnson

  • 114 Ill. 2d 170
  • 102 Ill. Dec. 342
  • 499 N.E.2d 1355
  • 1986 Ill. LEXIS 331
Court
Illinois Supreme Court
Filed
Oct 17, 1986
Status
Published
Author
Simon
On the bench
Clark, Simon
Cited by
228 cases
Authority
More cited than 10.0%

witness testimony that she notified police of an unrelated incident with defendant, which ultimately led to defendant’s identification and arrest, admitted to rebut suggestion that police unjustifiably targeted defendant eight months after the offenses occurred

How later courts described this case

  • witness testimony that she notified police of an unrelated incident with defendant, which ultimately led to defendant’s identification and arrest, admitted to rebut suggestion that police unjustifiably targeted defendant eight months after the offenses occurred
  • a court may consider whether the defendant has a history of prior delinquency or criminal activity
  • “In view of the entire record and the overwhelming evidence of [the] defendant’s guilt, we cannot say that the improper comment either constituted a material factor in defendant’s convictions or otherwise prevented him from receiving a fair trial so as to require reversal.”
  • in Illinois “identification of the accused by a single eyewitness is sufficient to sustain a conviction, provided that the witness viewed the accused under circumstances permitting a positive identification”

Written by the judges who cited it.

The opinion

JUSTICE SIMON, concurring in part and dissenting in part:

I concur in the majority’s decision to uphold the conviction. However, for the reasons set forth in my separate opinions in People v. Lewis (1981), 88 Ill. 2d 129, 179 (Simon, J., dissenting), in People v. Silagy (1984), 101 Ill. 2d 147, 184 (Simon, J., concurring in part and dissenting in part), and in People v. Albanese (1984), 104 Ill. 2d 504, 549 (Simon, J., concurring in part and dissenting in part), I believe that the Illinois death penalty statute is unconstitutional and that the death sentence in this case should be vacated.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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