White v. Illinois
Is it still good law? What later courts have actually done to this case.
Status
92 later cases cite White v. Illinois; 92 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on White v. Illinois?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Abrogated
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The Supreme Court displaced White's Roberts-based reliability approach for testimonial hearsay, requiring unavailability and a prior opportunity for cross-examination, while explaining that White's holding had not decided the treatment of testimonial statements.
Crawford v. Washington · Supreme Court of the United States · filed
One case arguably in tension with the rule requiring a prior opportunity for cross-examination when the proffered statement is testimonial is White v. Illinois, 502 U. S. 346 (1992), which involved, inter alia, statements of a child victim to an investigating police officer admitted as spontaneous declarations. Id., at 349-351. It is questionable whether testimonial statements would ever have been admissible on that ground in 1791. ... In any case, the only question presented in White was whether the Confrontation Clause imposed an unavailability requirement on the types of hearsay at issue. See 502 U. S., at 348-349. The holding did not address the question whether certain of the statements, because they were testimonial, had to be excluded even if the witness was unavailable.
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Questioned
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The Kansas Court of Appeals questioned White's continued validity after Crawford because White had relied on Roberts, while resolving the case as a civil child-welfare proceeding outside the Sixth Amendment.
In the Interest of J.D.C. · Kansas Court of Appeals · filed
Also, the holding in Roberts has been overruled in Crawford v. Washington, 541 U.S. 36, 158 L. Ed. 2d 177, 124 S. Ct. 1354 (2004). As White was based on Roberts, it also is arguably no longer good law.
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Does this case still carry your argument?
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