PEOPLE v. TATE

No. 5-99-0420.

739 N.E.2d 617 (2000)

317 Ill.App.3d 272

250 Ill.Dec. 854

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Carl TATE, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

November 9, 2000.


Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, E. Joyce Randolph, Assistant Defender, Office of the State Appellate Defender, Mount Vernon, for Appellant.

Robert Haida, State's Attorney, Belleville; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Gerry R. Arnold, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mount Vernon, for Appellee.


Justice KUEHN delivered the opinion of the court:

The rule of law handed down in Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976), has been with us since 1976. Despite unrelenting change in criminal procedure over the past 25 years, its prohibition against comment on postarrest silence has endured. Doyle, 426 U.S. at 617, 96 S.Ct. at 2244, 49 L.Ed.2d at 97. Hence, its teaching spans a course of time that...

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