People v. White

238 N.E.2d 389 (1968)

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People v. White

Illinois Supreme Court
238 N.E.2d 389 (1968)

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  • Written by Sean Carroll, JD

Facts

Anita White (defendant) worked at a nursing home where Idelle Broday and Mickey Kallick shared a room. Someone stole Broday’s ring off her finger. Kallick could hear but could not speak. However, Kallick learned to communicate by lifting her knee when her answer to a question was “yes.” Mrs. Van Kirk, the head nurse at the nursing home, asked Kallick if she knew who had taken the ring. Kallick replied “yes” by raising her knee. Van Kirk then presented nursing-home employees to Kallick until Kallick raised her knee to identify whom she thought to be the perpetrator. Kallick identified White, and the prosecution (plaintiff) charged White with the theft. At trial, Broday was incompetent to testify. The trial judge permitted Kallick to testify using her knee to answer questions. White was convicted, and she appealed.

Rule of Law

Issue

Holding and Reasoning (House, J.)

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Casebooks

Evidence

Key Terms

  • Competency of a WitnessThe ability of a witness to testify truthfully and accurately.
  • Cross-ExaminationQuestioning of a witness by the opposing side on the issues raised by the party offering a witness’s testimony during direct examination.
  • Reasonable AccommodationA change or modification to a system, environment, policy, procedure, or task to provide access or equal enjoyment for an individual based on a proven need. Accommodations are not reasonable if they create an undue financial or administrative burden, fundamentally alter the program or system's nature, or endanger the health and safety of others.

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