People v. Phipps, 53083
| Court | Supreme Court of Illinois |
| Writing for the Court | CLARK |
| Citation | 46 Ill.Dec. 164,83 Ill.2d 87,413 N.E.2d 1277 |
| Parties | , 46 Ill.Dec. 164 The PEOPLE of the State of Illinois, Appellant, v. William PHIPPS, Appellee. |
| Docket Number | No. 53083,53083 |
| Decision Date | 01 December 1980 |
Page 1277
v.
William PHIPPS, Appellee.
[83 Ill.2d 88] Tyrone C. Fahner, Atty. Gen., Chicago, and Roger Thompson, State's Atty., Lincoln (Gary J. Anderson, Deputy Director, State's Atty., Appellate Service Commission, Springfield, of counsel), for the people.
Fuller, Hopp & Barr, P. C., Decatur (Richard W. Hopp, Decatur, of counsel), for appellee.
CLARK, Justice:
The defendant, William Phipps, was charged by information on September 25, 1978, with cruelty to persons (Ill.Rev.Stat.1977, ch. 23, par. 2368), maltreatment of a mentally retarded person (Ill.Rev.Stat.1977, ch. 91 1/2, par. 15-1), and battery (Ill.Rev.Stat.1977, ch. 38, par. [83 Ill.2d 89] 12-3(a)(1)). It was alleged by the State that the defendant repeatedly struck a retarded resident of the Lincoln Developmental Center with a belt, while the defendant was an employee of the Center. The defendant filed a pretrial motion for discovery in the circuit court of Logan County on November 16, 1978, to request, inter alia, the names and addresses of all persons to be called as witnesses by the State. The State responded with the names and addresses of 20 potential witnesses. The defendant then filed, on January 15, 1979, a motion for additional discovery to request copies of the personnel files of seven potential witnesses who resided at the Center, six of whom were said to be eyewitnesses to the offenses alleged herein. The personnel files were said to contain mental evaluations of each of the seven residents, including intelligence quotients, statements as to the witnesses' capacity for the truth, and other relevant information. In an order entered on February 14, 1979, the court ordered the State to provide the defendant with copies of all personnel files of prosecution witnesses who are residents of the Lincoln Developmental Center. Thereafter, on March 7, 1979, the
Page 1278
[46 Ill.Dec. 165] State filed a motion to reconsider the order of discovery. In its motion the State represented that the personnel files of the seven potential witnesses were in the possession and control of the Illinois Department of Mental Health and Developmental Disabilities. Moreover, it was stated that the Department had notified the State's Attorney that the files were confidential and privileged under the Mental Health and Developmental Disabilities Confidentiality Act (Ill.Rev.Stat.1979, ch. 91 1/2, par. 810), which became...To continue reading
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People v. Hatfield, 2-86-0407
...State's ability to prosecute the case. People v. Carlton (1983), 98 Ill.2d 187, 74 Ill.Dec. 492, 455 N.E.2d 1385; People v. Phipps (1980), 83 Ill.2d 87, 413 N.E.2d 1277; People v. Young (1980), 82 Ill.2d 234, 247, 45 Ill.Dec. 150, 412 N.E.2d 501; People v. Holowko (1984), 124 Ill.App.3d 426......
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Polansky v. Kelly, Case No. 10–cv–680–DRH.
...and could have left at any time given the risks. Koch, 174 Ill.App.3d at 697, 124 Ill.Dec. 302, 529 N.E.2d 19; see also Schlessman, 83 Ill.2d at 87, 46 Ill.Dec. 139, 413 N.E.2d 1252 (“While it is obvious that plaintiff would not have been allowed to use the racetrack had he not signed the r......
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People ex rel. Carey v. Chrastka, s. 53754
...by any stretch of the imagination. For the foregoing reasons, a writ of mandamus shall issue directing the respondent Page 1277 [46 Ill.Dec. 164] judges to vacate their orders declaring section 5-12 of the Juvenile Court Act unconstitutional and denying the State's petitions to proceed unde......
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People v. Holowko, 83-826
...effect" of defendant's motion in limine operated to prevent evidence from being admitted at trial. (See People v. Phipps (1980), 83 Ill.2d 87, 46 Ill.Dec. 164, 413 N.E.2d 1277.) We therefore conclude that the State may appeal the trial court's order of March 31, 1983, and we reject the defe......
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People v. Hatfield, 2-86-0407
...State's ability to prosecute the case. People v. Carlton (1983), 98 Ill.2d 187, 74 Ill.Dec. 492, 455 N.E.2d 1385; People v. Phipps (1980), 83 Ill.2d 87, 413 N.E.2d 1277; People v. Young (1980), 82 Ill.2d 234, 247, 45 Ill.Dec. 150, 412 N.E.2d 501; People v. Holowko (1984), 124 Ill.App.3d 426......
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Polansky v. Kelly, Case No. 10–cv–680–DRH.
...and could have left at any time given the risks. Koch, 174 Ill.App.3d at 697, 124 Ill.Dec. 302, 529 N.E.2d 19; see also Schlessman, 83 Ill.2d at 87, 46 Ill.Dec. 139, 413 N.E.2d 1252 (“While it is obvious that plaintiff would not have been allowed to use the racetrack had he not signed the r......
-
People ex rel. Carey v. Chrastka, s. 53754
...by any stretch of the imagination. For the foregoing reasons, a writ of mandamus shall issue directing the respondent Page 1277 [46 Ill.Dec. 164] judges to vacate their orders declaring section 5-12 of the Juvenile Court Act unconstitutional and denying the State's petitions to proceed unde......
-
People v. Holowko, 83-826
...effect" of defendant's motion in limine operated to prevent evidence from being admitted at trial. (See People v. Phipps (1980), 83 Ill.2d 87, 46 Ill.Dec. 164, 413 N.E.2d 1277.) We therefore conclude that the State may appeal the trial court's order of March 31, 1983, and we reject the defe......