defendant raised claim in Illinois

2016Regarding equitable estoppel, defendants reiterate the aforementioned allegations and additionally cite First Mortgage Co. v. Dina, 2014 IL App (2d) 130567, ¶ 25 , to say that, where a public-policy reason supports voiding a mortgage, a technical flaw in the way a defendant raised a defense does not result in forfeiture of the defense. -8- 2015 IL App (2d) 140331 ¶ 30 Plaintiff responds that defendants’ amended third and fourth affirmative defenses, as well as their counterclaim, were barred by the PAA.

2016Regarding equitable 3 In defendants’ response to the motion for summary judgment, they did not argue that their second affirmative defense or counterclaim should preclude summary judgment. -5- estoppel, defendants reiterate the aforementioned allegations and additionally cite First Mortgage Co. v. Dina, 2014 IL App (2d) 130567, ¶ 25 , to say that, where a public-policy reason supports voiding a mortgage, a technical flaw in the way a defendant raised a defense does not result in forfeiture of the defense. ¶ 30 Plaintiff responds that defendants’ amended third and fourth affirmative defenses, a

2021Id. at 279 .

2020Id. at 279 .

2021Jones, 399 Ill.

2021Jones, 399 Ill.

2018Rivera, 2016 IL App (1st) 132573, ¶ 1 .

2017Rivera , 2016 IL App (1st) 132573 , ¶ 1, 407 Ill.Dec. 623 , 64 N.E.3d 1 .

2016Regarding equitable estoppel, defendants reiterate the aforementioned allegations and additionally cite First Mortgage Co. v. Dina, 2014 IL App (2d) 130567, ¶ 25 , to say that, where a public-policy reason supports voiding a mortgage, a technical flaw in the way a defendant raised a defense does not result in forfeiture of the defense. -8- 2015 IL App (2d) 140331 ¶ 30 Plaintiff responds that defendants’ amended third and fourth affirmative defenses, as well as their counterclaim, were barred by the PAA.

2015Regarding equitable estoppel, defendants reiterate the aforementioned allegations and additionally cite First Mortgage Co. v. Dina, 2014 IL App (2d) 130567, ¶ 25 , to say that, where a public-policy reason supports voiding a mortgage, a technical flaw in the way a defendant raised a defense does not result in forfeiture of the defense. -8- 2015 IL App (2d) 140331 ¶ 30 Plaintiff responds that defendants’ amended third and fourth affirmative defenses, as well as their counterclaim, were barred by the PAA.

2004The defendant raised a defense of accident (Floyd, 103 Ill. 2d at 545-46 , 470 N.E.2d at 295 ), which is closely analogous to a defense of suicide for purposes of the admissibility of evidence regarding the decedent’s state of mind (see, e.g., Stoll v. State, 762 So. 2d 870, 874-75 (Fla. 2000); United States v. Brown, 490 F.2d 758, 766-67 (D.C.

2004The defendant raised a defense of accident (Floyd, 103 Ill. 2d at 545-46 , 470 N.E.2d at 295 ), which is closely analogous to a defense of suicide for purposes of the admissibility of evidence regarding the decedent’s state of mind (see, e.g., Stoll v. State, 762 So. 2d 870, 874-75 (Fla. 2000); United States v. Brown, 490 F.2d 758, 766-67 (D.C.

2001Hobley, 182 Ill. 2d at 444 .

2001Hobley, 182 Ill.2d at 444 , 231 Ill.Dec. 321 , 696 N.E.2d 313 .

1998In Guest , 115 Ill. 2d at 104 , the defendant raised a claim of arbitrariness against the multiple-murder eligibility factor.

1998In Guest, 115 Ill. 2d at 104 , the defendant raised a claim of arbitrariness against the multiple-murder eligibility factor.

2025In Dillard, 2025 IL App (4th) 230739, ¶ 161 , the defendant raised such a challenge and, similar to defendant in this case, relied on Justice McDade’s partial dissent in Ferguson.

2025However, “[l]ike the majority in Ferguson, we conclude[d] that the trial court’s consideration of defendant’s school disciplinary record was not improper.” Id. ¶ 54 In People v. Walker, 2023 IL App (4th) 220737-U , a recent unpublished decision of this court, we reached the same ultimate conclusion.

2025Id. at 265 .

2025Id.

2023For instance, in Jackson, the defendant raised a defense of insanity at his bench trial for first degree murder. 409 Ill.

2023Our supreme court has held that a defendant ordinarily must present an as-applied challenge to the trial court to create “a sufficiently developed record.” Holman, 2017 IL 120655, ¶29 .

2023“A petition which lacks an arguable basis either in law or in fact is one which is based on an indisputably meritless legal theory or a fanciful factual allegation.” Id. ¶ 14 The defendant raised his claim under both the eighth amendment to the United States Constitution and the proportionate penalties clause of the Illinois Constitution.

2022Id.

2022Id. at 43 .

2022In conclusion, the court found that the defendant “had not shown a reasonable likelihood exists that the court would have granted a continuance of almost two months for defendant to take advantage of legislation that the legislature had not otherwise endeavored to make applicable to defendant.” Id. ¶ 62 Subsequently, in People v. Broadway, 2022 IL App (4th) 210417-U , the defendant raised a claim of plain error and, alternatively, ineffective assistance of counsel for failing to request that he be sentenced under the new statute which amended the MSR term for a Class 2 felony from 2 years to o

2003Our supreme court, in People v. Benitez, 169 Ill. 2d 245 , 661 N.E.2d 344 (1996), was faced with a similar issue when the defendant raised a challenge to the sufficiency of the indictment two days into trial.

2003Our supreme court, in People v. Benitez, 169 Ill. 2d 245 , 661 N.E.2d 344 (1996), was faced with a similar issue when the defendant raised a challenge to the sufficiency of the indictment two days into trial.

1994(Pegram, 124 Ill. 2d at 172 .) Because this omission was so grave, the rule on substantial defects in instructions applied, rather than the rule of waiver.

1993People v. Page (1990), 196 Ill.

1982(See, e.g., People v. Spears (1978), 63 Ill.

1981In People v. Koshiol (1970), 45 Ill. 2d 573 , 262 N.E.2d 446 , the defendant raised as error the giving of an instruction defining murder in a prosecution for attempt murder.

1981In People v. Koshiol (1970), 45 Ill. 2d 573 , 262 N.E.2d 446 , the defendant raised as error the giving of an instruction defining murder in a prosecution for attempt murder.

1979(People v. Allen (1919), 289 Ill. 218 , 124 N.E. 329 ; People v. Fink (1978), 59 Ill.

1979(People v. Allen (1919), 289 Ill. 218 , 124 N.E. 329 ; People v. Fink (1978), 59 Ill.

1979(People v. Allen (1919), 289 Ill. 218 , 124 N.E. 329 ; People v. Fink (1978), 59 Ill.

1974(People v. Miller (1971), 2 Ill.App.3d 206 .) In People v. Pagan (1972), 52 Ill.2d 525 , the defendant raised a claim identical to that made by the defendant in the instant case.

1974(People v. Miller (1971), 2 Ill.App.3d 206 .) In People v. Pagan (1972), 52 Ill.2d 525 , the defendant raised a claim identical to that made by the defendant in the instant case.