People v. Bailey

Appellate Court of Illinois

Decided September 11, 1987

Appellate Court of Illinois · decided 1987-09-11

Relies on 41 Ill. 2d 401 - The People v. Novotny · 156 Ill. App. 3d 115 - People v. Nims

Good law ✅— No negative treatment on recordhow we know

Decided 1987-09-11

How this case has been cited

Cited by 12 later decisions — most recently December 2003

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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JUSTICE LORENZ,

¶1specially concurring:

¶2I would not disturb the trial court’s determination that this defendant waived his right to counsel at the lineup. I believe that in overturning the trial court’s determination of this issue the majority has substituted its judgment for that of the trier of fact on the credibility of witnesses. That is not our function. (People v. Novotny (1968), 41 Ill. 2d 401, 244 N.E.2d 182; People v. Nims (1986), 156 Ill. App. 3d 115, 124, 505 N.E.2d 670, 675 (Lorenz, J., specially concurring).) Accordingly, I do not join in any of the majority’s extended discussion of this issue. I do however concur in the resolution of the remaining issues and therefore I join in affirming the judgment of the trial court.