People v. Taylor, 43362
| Court | Supreme Court of Illinois |
| Citation | 50 Ill.2d 136,277 N.E.2d 878 |
| Docket Number | No. 43362,43362 |
| Parties | The PEOPLE of the State of Illinois, Appellee, v. William TAYLOR, Appellant. |
| Decision Date | 30 September 1971 |
Page 878
v.
William TAYLOR, Appellant.
As Modified on Denial of Rehearing Jan. 27, 1972.
Page 879
Sam Adam, Edward M. Genson, and R. Eugene Pincham, Chicago, for appellant.
William J. Scott, Atty. Gen., Springfield, and Edward V. Hanrahan, State's Atty., Chicago (Robert A. Novelle, and James Veldman, Asst. State's Attys., of counsel), for the People.
RYAN, Justice:
In this case we have heretofore granted defendant's petition for leave to appeal from a decision of the Appellate Court for the First District. 124 Ill.App.2d 268, 260 N.E.2d 347.
[50 Ill.2d 137] On November 12, 1968, a search warrant was issued for the defendant's residence which was searched pursuant to the warrant and a quantity of narcotic drugs seized. The defendant was arrested and charged with unlawful possession of narcotic drugs. On December 2, 1968, a judge of the circuit court of Cook County pursuant to motion made by the defendant entered an order quashing the search warrant and suppressing the evidence seized. Thereafter, on December 16, 1968, the grand jury of Cook County returned an indictment against the defendant charging him with unlawful possession of a narcotic drug. This indictment involves the same circumstances and the same evidence as were involved in the previous proceeding. After indictment the defendant again moved to suppress the evidence on the basis of the previous order quashing the search warrant and suppressing the evidence contending that the question had been previously adjudicated, that no appeal had been taken therefrom by the State and the ruling was therefore binding on the trial court. The trial court sustained the defendant's motion holding that the previous ruling was binding. The State appealed directly to this court and we transferred the same to the appellate court because, although the order was appealable under Supreme Court Rule 604, Ill.Rev.Stat.1969, c. 110A, § 604, it was not a final judgment and we had no jurisdiction on direct appeal. See People v. Lerch, 34 Ill.2d 305, 215 N.E.2d 257.
The appellate court reversed the trial court, holding that the order quashing the search warrant and suppressing the evidence at the preliminary hearing was not binding on the trial court. We granted defendant's petition for leave to appeal.
A similar question was presented to this court in People ex rel. MacMillian v. Napoli, 35 Ill.2d 80, 219 N.E.2d 489, in which case a pre-indictment motion to suppress evidence was allowed. Subsequently the trial judge ruled that the suppression order was not binding in the criminal trial. In [50 Ill.2d 138] an original Mandamus action this court held that the suppression order was binding. At that time, section 114--12(b) of the Code of Criminal Procedure (Ill.Rev.Stat.1963, ch. 38, par. 114--12(b)) provided that if a pretrial motion to suppress...
To continue reading
Request your trial
-
People v. Walensky, 1-95-1533
...for reconsideration is timely filed. People v. Williams, 138 Ill.2d 377, 150 Ill.Dec. 498, 563 N.E.2d 385 (1990); People v. Taylor, 50 Ill.2d 136, 277 N.E.2d 878 (1971). Cf. People v. McBride, 114 Ill.App.3d 75, 69 Ill.Dec. 833, 448 N.E.2d 551 (1983). Where, however, the trial court does no......
-
People v. Pierce, 79-395
...is now subject to review under the constraints of People v. Hopkins (1972), 52 Ill.2d 1, 284 N.E.2d 283 and People v. Taylor (1972), 50 Ill.2d 136, 277 N.E.2d 878. The majority improperly limits the collateral estoppel effects of the Perry County Circuit Court's rulings to the "validity of ......
-
In re Christopher K., 98597.
...276 Ill.Dec. 343, 794 N.E.2d 238. People v. Williams, 138 Ill.2d 377, 150 Ill.Dec. 498, 563 N.E.2d 385 (1990), and People v. Taylor, 50 Ill.2d 136, 277 N.E.2d 878 (1971), relied on by Williams, both Page 960 the State's attempt to relitigate fourth amendment suppression issues after the sup......
-
People v. Williams, 64085
...interrogation, and because[138 Ill.2d 387] the State procured dismissal of its appeal from that order (see People v. Taylor (1971), 50 Ill.2d 136, 140, 277 N.E.2d 878; People v. McBride (1983), 114 Ill.App.3d 75, 80, 69 Ill.Dec. 833, 448 N.E.2d 551; People v. Schlemm (1980), 82 Ill.App.3d 6......