proposed jury instruction in Illinois

1991App. 3d 205, 208 , 482 N.E.2d 1046, 1048 , this court also wrote the following: “A trial court may properly refuse a defendant’s proposed jury instruction when there is no evidence supporting the proffered instruction.” Essentially, defendant’s argument is that he was entitled to have the jury instructed on the lesser included offense of battery because the State did not preclude all possible causes of Hartman’s injury other than his being stabbed with a knife.

1988People v. Mitchell (1985), 136 Ill.

2022Jones, 175 Ill. 2d at 132 .

2021Jones, 175 Ill. 2d at 132 .

2011Id. at 58, 335 Ill.Dec. 608 , 919 N.E.2d 327 .

2011Id. at 58, 335 Ill.Dec. 608 , 919 N.E.2d 327 .

2008Gill, 264 Ill.

2008Gill, 264 Ill.

2002On appeal, defendant argues: (1) the circuit court erred in denying his pretrial motions to quash arrest and suppress evidence; (2) the elicitation of testimony from the victim's wife concerning defendant's relationship with the victim's family, and the prosecutor's comments on the nature of that relationship during closing argument, operated to deny him a fair trial; (3) other argument engaged in by the prosecution during closing was highly inflammatory and rendered his trial unfair; (4) the circuit court erred in refusing to accept a proposed jury instruction concerning the use of prior inco

2002On appeal, defendant argues: (1) the circuit court erred in denying his pretrial motions to quash arrest and suppress evidence; (2) the elicitation of testimony from the victim's wife concerning defendant's relationship with the victim's family, and the prosecutor's comments on the nature of that relationship during closing argument, operated to deny him a fair trial; (3) other argument engaged in by the prosecution during closing was highly inflammatory and rendered his trial unfair; (4) the circuit court erred in refusing to accept a proposed jury instruction concerning the use of prior inco

1991(Ill.Rev.Stat.1987, ch. 38, par. 9-1(c).) Although this court has acknowledged that mercy is a relevant mitigating factor ( People v. Holman (1984), 103 Ill.2d 133, 170 , 82 Ill.Dec. 585 , 469 N.E.2d 119 ), it has repeatedly rejected claims that the jury must be specifically instructed to consider mercy (see People v. Flores (1989), 128 Ill.2d 66, 101-02 , 131 Ill.Dec. 106 , 538 N.E.2d 481 ; People v. Sanchez (1986), 115 Ill.2d 238, 269 , 104 Ill.Dec. 720 , 503 N.E.2d 277 ; People v. Stewart (1984), 104 Ill.2d 463, 492-93 , 85 Ill.Dec. 422 , 473 N.E.2d 1227 ).

1991(Ill.Rev.Stat.1987, ch. 38, par. 9-1(c).) Although this court has acknowledged that mercy is a relevant mitigating factor ( People v. Holman (1984), 103 Ill.2d 133, 170 , 82 Ill.Dec. 585 , 469 N.E.2d 119 ), it has repeatedly rejected claims that the jury must be specifically instructed to consider mercy (see People v. Flores (1989), 128 Ill.2d 66, 101-02 , 131 Ill.Dec. 106 , 538 N.E.2d 481 ; People v. Sanchez (1986), 115 Ill.2d 238, 269 , 104 Ill.Dec. 720 , 503 N.E.2d 277 ; People v. Stewart (1984), 104 Ill.2d 463, 492-93 , 85 Ill.Dec. 422 , 473 N.E.2d 1227 ).

1986The defendant next objects that at the sentencing phase the trial judge erred in refusing to tender a proposed jury instruction which stated: "In considering the death penalty, you may, if you wish to do so, consider whether or not you wish to extend mercy to the defendant." A similar argument was raised and rejected in People v. Stewart (1984), 104 Ill.2d 463 .

1986The defendant next objects that at the sentencing phase the trial judge erred in refusing to tender a proposed jury instruction which stated: “In considering the death penalty, you may if you wish to do so, consider whether or not you wish to extend mercy to the defendant.” A similar argument was raised and rejected in People v. Stewart (1984), 104 Ill. 2d 463 .

1987App. 3d 19, 22 , 441 N.E.2d 1292 ), it is not error for a trial court to refuse a defendant’s proposed jury instruction on a particular defense when there is no evidence supporting the proffered instruction.

1985People v. Chatman (1982), 110 Ill.

2026At various times during the course of this matter, the defendant acquiesced and actively engaged in ensuring that no evidence of the sexual assault was presented to the jury. “[A] defendant may not request [or agree] to proceed in one manner and later 20 contend on appeal that the course of action was in error.” People v. Harding, 2012 IL App (2d) 101011, ¶ 17 . ¶ 51 We acknowledge that the defendant, on several occasions during trial, stated that the trial court should allow evidence regarding the sexual assault allegations.

2026The defendant asserts that counsel’s deficient performance prejudiced him where the evidence was closely balanced and the record reflects confusion from the jurors. ¶ 16 “Every defendant has a constitutional right to the effective assistance of counsel under the sixth amendment to the United States Constitution and the Constitution of Illinois.” People v. 5 Domagala, 2013 IL 113688, ¶ 36 .

2025Id. at 280 .

2021In support of that argument, defendant cites People v. Cramer, 85 Ill. 2d 92 (1981), which the trial court considered in its ruling rejecting the instruction.

2021Id. at 176 . ¶ 179 In any event, the precise argument that defendant raises here was raised and rejected by the Second District Appellate Court in People v. King, 165 Ill.

2020Heastie, 226 Ill. 2d at 543 . ¶ 86 We first address part (a) of plaintiff’s proposed issues instruction which stated her prescription was “excessive.” The alleged “excessive” duration of antibiotics is not a fact that the jury was required to find in order for plaintiff to recover (see Howat, 305 Ill.

2017Luye v. Schopper, 348 Ill.

2001Curry, 136 Ill.App.3d at 476-77 , 91 Ill.Dec. 365 , 483 N.E.2d 711 .

2001Curry, 136 Ill.App.3d at 476-77 , 91 Ill.Dec. 365 , 483 N.E.2d 711 .

1991(Ill.Rev.Stat.1987, ch. 38, par. 9-1(c).) Although this court has acknowledged that mercy is a relevant mitigating factor ( People v. Holman (1984), 103 Ill.2d 133, 170 , 82 Ill.Dec. 585 , 469 N.E.2d 119 ), it has repeatedly rejected claims that the jury must be specifically instructed to consider mercy (see People v. Flores (1989), 128 Ill.2d 66, 101-02 , 131 Ill.Dec. 106 , 538 N.E.2d 481 ; People v. Sanchez (1986), 115 Ill.2d 238, 269 , 104 Ill.Dec. 720 , 503 N.E.2d 277 ; People v. Stewart (1984), 104 Ill.2d 463, 492-93 , 85 Ill.Dec. 422 , 473 N.E.2d 1227 ).

1991(Ill.Rev.Stat.1987, ch. 38, par. 9-1(c).) Although this court has acknowledged that mercy is a relevant mitigating factor ( People v. Holman (1984), 103 Ill.2d 133, 170 , 82 Ill.Dec. 585 , 469 N.E.2d 119 ), it has repeatedly rejected claims that the jury must be specifically instructed to consider mercy (see People v. Flores (1989), 128 Ill.2d 66, 101-02 , 131 Ill.Dec. 106 , 538 N.E.2d 481 ; People v. Sanchez (1986), 115 Ill.2d 238, 269 , 104 Ill.Dec. 720 , 503 N.E.2d 277 ; People v. Stewart (1984), 104 Ill.2d 463, 492-93 , 85 Ill.Dec. 422 , 473 N.E.2d 1227 ).

1991(Ill.Rev.Stat.1987, ch. 38, par. 9-1(c).) Although this court has acknowledged that mercy is a relevant mitigating factor ( People v. Holman (1984), 103 Ill.2d 133, 170 , 82 Ill.Dec. 585 , 469 N.E.2d 119 ), it has repeatedly rejected claims that the jury must be specifically instructed to consider mercy (see People v. Flores (1989), 128 Ill.2d 66, 101-02 , 131 Ill.Dec. 106 , 538 N.E.2d 481 ; People v. Sanchez (1986), 115 Ill.2d 238, 269 , 104 Ill.Dec. 720 , 503 N.E.2d 277 ; People v. Stewart (1984), 104 Ill.2d 463, 492-93 , 85 Ill.Dec. 422 , 473 N.E.2d 1227 ).

1991(Ill.Rev.Stat.1987, ch. 38, par. 9-1(c).) Although this court has acknowledged that mercy is a relevant mitigating factor ( People v. Holman (1984), 103 Ill.2d 133, 170 , 82 Ill.Dec. 585 , 469 N.E.2d 119 ), it has repeatedly rejected claims that the jury must be specifically instructed to consider mercy (see People v. Flores (1989), 128 Ill.2d 66, 101-02 , 131 Ill.Dec. 106 , 538 N.E.2d 481 ; People v. Sanchez (1986), 115 Ill.2d 238, 269 , 104 Ill.Dec. 720 , 503 N.E.2d 277 ; People v. Stewart (1984), 104 Ill.2d 463, 492-93 , 85 Ill.Dec. 422 , 473 N.E.2d 1227 ).

1990(People v. Szabo (1986), 113 Ill. 2d 83, 96 .) Moreover, this court recently considered and rejected a similar argument in People v. Sanchez (1986), 115 Ill. 2d 238, 269 .