{
  "id": 2528130,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Theodore Lusby, Jr., Defendant-Appellant",
  "name_abbreviation": "People v. Lusby",
  "decision_date": "1972-05-03",
  "docket_number": "No. 56640",
  "first_page": "726",
  "last_page": "727",
  "citations": [
    {
      "type": "official",
      "cite": "5 Ill. App. 3d 726"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "384 U.S. 436",
      "category": "reporters:federal",
      "reporter": "U.S.",
      "case_ids": [
        12046400
      ],
      "opinion_index": 0,
      "case_paths": [
        "/us/384/0436-01"
      ]
    }
  ],
  "analysis": {
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    "pagerank": {
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    "simhash": "1:00833de3894eaf79",
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  "last_updated": "2023-07-14T19:05:48.814564+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Plaintiff-Appellee, v. Theodore Lusby, Jr., Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE BURMAN\ndelivered the opinion of the court:\nOn October 6, 1969, the defendant, Theodore Lusby, Jr., plead guilty to a charge of burglary and was sentenced to three years probation with the first three months to be served in the House of Correction. On April 28, 1970, he was charged with violating his probation by committing a second burglary. After an evidentiary hearing, his probation was revoked and he was sentenced to one to four years in prison. Defendant appealed directly to the Supreme Court and the cause was transferred here.\nThe record reveals that two police officers were investigating a report of a robbeiy. While in the area, they observed defendant carrying an armful of clothing. After arresting him, they found that he also had a knife, pry bar and chisel. After being informed of his rights, defendant led the officers to the burglarized apartment from which the articles of clothing had been stolen.\nDefendant\u2019s sole contention is that a statement elicited from him after arrest and the \u201cfruits\u201d of that statement should have been suppressed since the police had not secured a knowing and intelligent waiver of his rights under Miranda v. Arizona, 384 U.S. 436. After reviewing the record, we conclude that defendant knowingly and intelligently waived his rights as required by Miranda. Consequently, the statement and its \u201cfruits\u201d were properly admitted into evidence.\nPursuant to Supreme Court Rule 23, ch. 110A, Ill. Rev. Stat, par. 23, effective January 31, 1972, the judgment of the Circuit Court is affirmed.\nJudgment affirmed.\nDIERINGER, P. J., and ADESKO, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE BURMAN"
      }
    ],
    "attorneys": [
      "Gerald W. Getty, Public Defender, of Chicago, (Fred Shandling and James J. Doherty, Assistant Public Defenders, of counsel,) for appellant.",
      "William J. Scott, Attorney General, of Springfield, and Edward V. Hanrahan, State\u2019s Attorney, of Chicago, (James B. Zagel, Assistant Attorney General, and Robert A. Novelle and Robert L. Best, Assistant State\u2019s Attorneys, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Theodore Lusby, Jr., Defendant-Appellant.\n(No. 56640;\nFirst District\nMay 3, 1972.\nGerald W. Getty, Public Defender, of Chicago, (Fred Shandling and James J. Doherty, Assistant Public Defenders, of counsel,) for appellant.\nWilliam J. Scott, Attorney General, of Springfield, and Edward V. Hanrahan, State\u2019s Attorney, of Chicago, (James B. Zagel, Assistant Attorney General, and Robert A. Novelle and Robert L. Best, Assistant State\u2019s Attorneys, of counsel,) for the People."
  },
  "file_name": "0726-01",
  "first_page_order": 748,
  "last_page_order": 749
}