Introducing ATLASLearn more
Legal Opinion

People v. Kirk

Appellate Court of Illinois

Decided June 23, 1997No. 4-95-0574PublishedCited by 38 opinions

1Opinion of the CourtJustice Cook

Defendant James D. Kirk was charged with driving under the influence of alcohol (DUI) (625 ILCS 5/11—501(a)(2) (West 1994)) and improper lane usage for driving the wrong direction on a one-way road (625 ILCS 5/11—708 (West 1994)). Following a jury trial, defendant was convicted on both counts. Defendant appeals, arguing that it was error for the trial court to allow certain scientific testimony without conducting a Frye hearing. See Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). We agree a Frye hearing should have been conducted but hold that any error was harmless.

The evidence…

2Cases cited20 opinions

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. People v. BaynesIllinois Supreme Court · 1981
  3. State v. Superior CourtArizona Supreme Court · 1986
  4. State v. BressonOhio Supreme Court · 1990
  5. State v. MurphySupreme Court of Iowa · 1990

15 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Donaldson v. Central Illinois Public Service Co.Illinois Supreme Court · 2002
  2. In Re Commitment of SimonsIllinois Supreme Court · 2004
  3. State v. ShaddenSupreme Court of Kansas · 2010
  4. People v. BaslerIllinois Supreme Court · 2000
  5. People v. McKownIllinois Supreme Court · 2007

33 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API