People v. Banks

CHIEF JUSTICE CLARK,

specially concurring:

I concur in the decision and judgment of the majority, and write separately only to address Justice Simon’s dissenting opinion.

The dissent argues that People v. Robinson (1979), 79 Ill. 2d 147, neither conflicts with People v. Smith (1967), 37 Ill. 2d 622, nor does it “provide[ ] a reliable guideline for the cases now before us, for it involved a different kind of conflict.” (121 Ill. 2d at 50 (Simon, J., dissenting).) In so arguing the dissent maintains that the conflicts presented in Robinson were “per se” or “imputed,” whereas the conflicts…