Smith v. Freeman

State: Illinois

Docket No: 106010 Rel

Case Date: 01/23/2009

Preview:Docket No. 106010.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

MAXINE SMITH et al., Appellants, v. JANET FREEMAN et al., Appellees. Opinion filed January 23, 2009.

JUSTICE BURKE delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.

OPINION In this case, we must determine whether a successor judge may render a decision and enter judgment based on transcripts of testimony and documentary evidence offered at trial before a predecessor judge. Here, the parties agreed by way of stipulation that the successor judge could rule based on the written evidence, rather than conduct a trial de novo. On appeal, the appellate court reversed, holding that the parties' stipulation was insufficient to satisfy due process because resolution of the case rested on the credibility of the witnesses. No. 4

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