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206 Ill. 2d 1

794 N.E.2d 314

People v. Harris

Illinois Supreme Court

Decided December 19, 2002

Illinois Supreme Court · decided 2002-12-19

Relies on 179 Ill. 2d 205 - People v. Caballero · 204 Ill. 2d 536 - People v. Simpson · 204 Ill. 2d 585 - People v. Hickey

Good law ✅— No negative treatment on recordhow we know

Decided 2002-12-19

How this case has been cited

Cited by 86 later decisions — most recently March 2026 · most notably 215 Ill. 2d 427 - People v. Blair (2005), 217 Ill. 2d 324 - People v. Hall (2005)

2 federal appellate · 80 state decisions

300200220102020decided

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.

View the full empirical analysis of this case →

JUSTICE KILBRIDE,

¶1concurring in part and dis-

¶2senting in part:

¶3The majority correctly reverses in part the judgment of the circuit court and remands this cause for an evidentiary hearing on defendant’s Brady claims. Nevertheless, for the reasons set forth in my dissents in People v. Hickey, 204 Ill. 2d 585, 636-40 (2001) (Kilbride, J., dissenting), and People v. Simpson, 204 Ill. 2d 536, 581-85 (2001) (Kilbride, J., dissenting), I believe that the majority fails to grant defendant the constitutionally required relief of a new trial conducted in accordance with the new supreme court rules governing capital cases. The procedures in capital cases prior to this court’s adoption of the new rules were inherently unreliable and did not adequately protect a defendant’s constitutional rights. Consequently, since the new rules were promulgated to address the deficiencies of constitutional dimension that regularly occurred under the old system, the rules must be applied retroactively to all capital cases. See People v. Caballero, 179 Ill. 2d 205, 220-21 (1997).

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