21 Ill. App. 3d 1064 - People v. Gooding’s Empirical Analysis
1974
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently December 2018
22 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.
Relationships
Relies on Barker v. Wingo · 54 Ill. 2d 372 - People v. Nunnery · 54 Ill. 2d 165 - People v. Hendrix · 57 Ill. 2d 152 - People v. Spicuzza
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is clear that this release was an effort by the authorities to circumvent the prophylactic effect of the 120-day rule. This attempt to evade the technical effects of the rule cannot be countenanced. The release of any defendant must be accomplished in an orderly and legitimate manner. It is an absurd argument that a defendant can be incarcerated for a period of time only to be released upon the caprice of the sheriff or the State’s attorney in order to avoid the 120-day rale. To sanction such conduct would amount in rendering section 103 — 5 meaningless.” 21 Ill.App.3d 1064, 1067 , 316 N.E.2d 549, 551 .”
2 later decisions quote this exact passage · from the majority““* * * the court found that, notwithstanding the fact that a preliminary hearing has a constitutional character (Ill. Const. (1970), art. I, § 7), it is not an absolute prerequisite to criminal prosecution. An indictment is. In that case [Hendrix] the court held when a defendant is properly indicted the necessity for a preliminary hearing to establish probable cause is vitiated.” People v. Gooding, 21 Ill.App.3d 1064, 1068 , 316 N.E.2d 549, 551 .”
1 later decision quote this exact passage · from the majority““As a general proposition, findings at the preliminary hearing are not binding on the prosecutor. Even if probable cause is not established at the hearing, the prosecutor can still seek an indictment against the defendant.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.