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31 Illinois opinions name it 2 courts 1979–2023 4 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
MELROSE PARK SUNDRIES, INC. v. Carlinigreen2 sentences2019See, e.g., Melrose Park Sundries, Inc. v. Carlini, 399 Ill. 2018See, e.g. , Melrose Park Sundries, Inc. v. Carlini , 399 Ill.App.3d 915 , 919, 339 Ill.Dec. 591 , 927 N.E.2d 132 (2010) (characterizing and analyzing the claim against an insurance producer under section 2-2201 as a negligence action); Mercola v. Abdou , 223 F.Supp.3d 720 , 728-29 (N.D. | 3 | 3 |
Fiala v. Bickford Senior Living Group, LLCgreen2 sentences2018App. 3d at 183 ; see also Fiala v. Bickford Senior Living Group, LLC, 2015 IL App (2d) 150067, ¶ 29 (recognizing that “a court will look beyond a party’s characterization of the claim and will examine the underlying allegations or facts” to determine whether a claim is subject to section 2-622’s pleading requirements)). 2017App. 3d at 183 , 258 Ill.Dec. 965 , 757 N.E.2d 654 ; see also Fiala v. Bickford Senior Living Group, LLC , 2015 IL App (2d) 150067 , ¶ 29, 398 Ill.Dec. 324 , 43 N.E.3d 1234 (recognizing that "a court will look beyond a party's characterization of the claim and will examine the underlying allegations or facts" to determine whether a claim is subject to section 2-622's pleading requirements)). | 2 | 2 |
People v. Glaspergreen2 sentences2010See Glasper, 234 Ill.2d at 199 , 334 Ill.Dec. 575 , 917 N.E.2d at 417 . 2010See Glasper, 234 Ill.2d at 199 , 334 Ill.Dec. 575 , 917 N.E.2d at 417 . | 2 | 2 |
American Dredging Co. v. Millergreen2 sentences2005See American Dredging Co., 510 U.S. at 457-58 , 127 L. 2005See American Dredging Co., 510 U.S. at 457-58 , 127 L. | 2 | 2 |
People v. Pagegreen2 sentences2001See People v. Hudson, 157 Ill.2d 401, 454 , 193 Ill.Dec. 128 , 626 N.E.2d 161 (1993); People v. Page, 155 Ill.2d 232, 279 , 185 Ill.Dec. 475 , 614 N.E.2d 1160 (1993). 2001See People v. Hudson, 157 Ill. 2d 401, 454 (1993); People v. Page, 155 Ill. 2d 232, 279 (1993). | 2 | 2 |
People v. Hudsongreen2 sentences2001See People v. Hudson, 157 Ill.2d 401, 454 , 193 Ill.Dec. 128 , 626 N.E.2d 161 (1993); People v. Page, 155 Ill.2d 232, 279 , 185 Ill.Dec. 475 , 614 N.E.2d 1160 (1993). 2001See People v. Hudson, 157 Ill. 2d 401, 454 (1993); People v. Page, 155 Ill. 2d 232, 279 (1993). | 2 | 2 |
People v. MacKgreen2 sentences1998See Mack, 167 Ill. 2d at 538 . 1998See Mack, 167 Ill.2d at 538, 212 Ill.Dec. 955 , 658 N.E.2d 437 . | 2 | 2 |
Arizona v. Evansgreen2 sentences1999See Evans, 514 U.S. at 21 , 115 S.Ct. at 1196 , 131 L.Ed.2d at 51 (Stevens, J., dissenting)(deterrent purpose extends "to law enforcement as a whole"); and Evans, 514 U.S. at 29 , 115 S.Ct. at 1193 , 131 L.Ed.2d at 56 (Ginsburg, J., dissenting, joined by Stevens, J.)(asserting it is "artificial" to distinguish between court clerk and police mistakes). [4] The prosecutor's characterization of his error as an "honest oversight" does not preclude application of the exclusionary rule. 1999Ed. 2d at 56 , 115 S. Ct. at ___ (Ginsburg, J., dissenting, joined by Stevens, J.)(asserting it is "artificial" to distinguish between court clerk and police mistakes). 4: The prosecutor's characterization of his error as an "honest oversight" does not preclude application of the exclusionary rule. | 1 | 2 |
The PEOPLE v. Nelsongreen1 sentence2023People v. Nelson, 47 Ill. 2d 570, 574 (1971). | 1 | 1 |
People v. Childressgreen1 sentence2023Because in his reply brief, the petitioner does not object to this characterization of his claim, we address it in that context. ¶ 149 It is well-settled that “[c]laim[s] of ineffective assistance of appellate counsel are measured against the same standard as those dealing with ineffective assistance of trial counsel.” People v. Childress, 191 Ill. 2d 168, 175 (2000). | 1 | 1 |
People v. Hoopergreen2 sentences2009See People v. Hooper, 133 Ill. 2d 469, 490 (1989) (finding that prosecutor did not personally attack defense counsel when he argued “ ‘Dave O’Callaghan, ten years on the job, he’s got to come in here and be humiliated and demeaned by [defense counsel]?’ ”). 2009See People v. Hooper, 133 Ill.2d 469, 490 , 142 Ill.Dec. 93 , 552 N.E.2d 684 (1989) (finding that prosecutor did not personally attack defense counsel when he argued "`Dave O'Callaghan, ten years on the job, he's got to come in here and be humiliated and demeaned by [defense counsel]?'"). | 1 | 1 |
People v. Smithgreen2 sentences1997People v. Smith, 141 Ill. 2d 40, 60 (1990). 1997People v. Smith, 141 Ill.2d 40, 60 , 152 Ill.Dec. 218 , 565 N.E.2d 900 (1990). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Widmer v. Hoover
green
2 sentences2004The amendment prohibits compensation for injuries sustained by an intoxicated driver, and that appears to us to be precisely what plaintiff is seeking.” Widmer, 342 Ill. 2004The amendment prohibits compensation for injuries sustained by an intoxicated driver, and that appears to us to be precisely what plaintiff is seeking." Widmer , 342 Ill. | 2 | 2004–2004 |
The People v. Lewerenz
green
2 sentences2022Id. at 301 . ¶ 93 In Lewerenz, the trial court’s characterization of defense counsel’s objections as “speeches” expressed the court’s negative opinion concerning the form of the objections. 2022Id. at 301 . ¶ 93 In Lewerenz, the trial court’s characterization of defense counsel’s objections as “speeches” expressed the court’s negative opinion concerning the form of the objections. | 1 | 2022–2022 |
Fahlstrom v. Jones
green
1 sentence2022They instead persist in their argument that because neither the loan agreement nor the debt plan included an arbitration clause, the dispute which arose from operation of the plan must be settled in court as opposed to by arbitration. ¶ 57 “In keeping with [the] policy [of] favoring arbitration, courts have generally construed ‘generic’ arbitration clauses broadly,” and have concluded that “parties are obligated to arbitrate any dispute that arguably arises under an agreement containing a ‘generic’ provision.” (Emphasis in original.) Fahlstrom v. Jones, 2011 IL App (1st) 103318, ¶ 17 . | 1 | 2022–2022 |
Mercola v. Abdou
green
1 sentence2018See, e.g. , Melrose Park Sundries, Inc. v. Carlini , 399 Ill.App.3d 915 , 919, 339 Ill.Dec. 591 , 927 N.E.2d 132 (2010) (characterizing and analyzing the claim against an insurance producer under section 2-2201 as a negligence action); Mercola v. Abdou , 223 F.Supp.3d 720 , 728-29 (N.D. | 1 | 2018–2018 |
Milos v. Tracy Hall
green
2 sentences2017App. 3d at 183 , 258 Ill.Dec. 965 , 757 N.E.2d 654 ; see also Fiala v. Bickford Senior Living Group, LLC , 2015 IL App (2d) 150067 , ¶ 29, 398 Ill.Dec. 324 , 43 N.E.3d 1234 (recognizing that "a court will look beyond a party's characterization of the claim and will examine the underlying allegations or facts" to determine whether a claim is subject to section 2-622's pleading requirements)). 2017App. 3d at 183 , 258 Ill.Dec. 965 , 757 N.E.2d 654 ; see also Fiala v. Bickford Senior Living Group, LLC , 2015 IL App (2d) 150067 , ¶ 29, 398 Ill.Dec. 324 , 43 N.E.3d 1234 (recognizing that "a court will look beyond a party's characterization of the claim and will examine the underlying allegations or facts" to determine whether a claim is subject to section 2-622's pleading requirements)). | 1 | 2017–2017 |
Holzrichter v. Yorath
green
1 sentence2016McDonald further cautioned that a “ ‘plaintiff challenging an implicit part of the medical treatment should not be able to avoid the requirement of an expert medical opinion simply by claiming medical battery or something other than medical malpractice.’ ” Id. (quoting Holzrichter, 2013 IL App (1st) 110287, ¶ 88 ). ¶ 29 McDonald thus teaches that a court will look beyond a party’s characterization of the claim and will examine the underlying allegations or facts to determine whether they raise issues requiring expertise to aid in the understanding of matters beyond the ken of laypersons. | 1 | 2016–2016 |
People v. Phillips
green
1 sentence2005The court in Phillips rejected the prosecution’s characterization of defense counsel’s cross-examination as “sound trial strategy.” Phillips, 227 Ill. | 1 | 2005–2005 |
In Re Marriage of Culp
green
2 sentences2005In In re Marriage of Culp, 341 Ill. 2005In In re Marriage of Culp , 341 Ill. | 1 | 2005–2005 |
People v. Turnage
green
2 sentences1999The purpose of the exclusionary rule is deterrence ( Evans, 514 U.S. at 14 , 115 S.Ct. at 1193 , 131 L.Ed.2d at 46-47 ; Turnage, 162 Ill.2d at 312 , 205 Ill.Dec. 118 , 642 N.E.2d at 1241 ), which applies not only to intentional and reckless acts, but also to negligent acts. 1999The purpose of the exclusionary rule is deterrence ( Evans, 514 U.S. at 14 , 115 S.Ct. at 1193 , 131 L.Ed.2d at 46-47 ; Turnage, 162 Ill.2d at 312 , 205 Ill.Dec. 118 , 642 N.E.2d at 1241 ), which applies not only to intentional and reckless acts, but also to negligent acts. | 1 | 1999–1999 |
People v. Shaw
green
2 sentences1991Fourth, defendant contends that the characterization of defense counsel as a “hired gun” by the prosecutor during rebuttal argument constituted reversible error, relying on People v. Shaw (1981), 98 Ill. 1991App. 3d 682 , 424 N.E.2d 834 . | 1 | 1991–1991 |
The People v. Nelson
green
2 sentences1983Cf. People v. Ellis (1973), 53 Ill. 2d 390, 395-96 ; People v. Nelson (1968), 41 Ill. 2d 364, 367 ; People v. Muniz (1964), 31 Ill. 2d 130, 138 . 1983Cf. People v. Ellis (1973), 53 Ill.2d 390, 395-96 ; People v. Nelson (1968), 41 Ill.2d 364, 367 ; People v. Muniz (1964), 31 Ill.2d 130, 138 . | 1 | 1983–1983 |
The People v. Muniz
green
2 sentences1983Cf. People v. Ellis (1973), 53 Ill. 2d 390, 395-96 ; People v. Nelson (1968), 41 Ill. 2d 364, 367 ; People v. Muniz (1964), 31 Ill. 2d 130, 138 . 1983Cf. People v. Ellis (1973), 53 Ill.2d 390, 395-96 ; People v. Nelson (1968), 41 Ill.2d 364, 367 ; People v. Muniz (1964), 31 Ill.2d 130, 138 . | 1 | 1983–1983 |
People v. Jackson
green
2 sentences1983(People v. Jackson (1981), 84 Ill. 2d 350, 358 , 418 N.E.2d 739 .) With respect to the State’s characterization of defense witness Clark as an “armed robber,” we concur with the trial court’s ruling that the State’s remark was based on the evidence and, therefore, was within the bounds of proper closing argument. 1983(People v. Jackson (1981), 84 Ill. 2d 350, 358 , 418 N.E.2d 739 .) With respect to the State’s characterization of defense witness Clark as an “armed robber,” we concur with the trial court’s ruling that the State’s remark was based on the evidence and, therefore, was within the bounds of proper closing argument. | 1 | 1983–1983 |
People v. Ellis
green
2 sentences1983Cf. People v. Ellis (1973), 53 Ill. 2d 390, 395-96 ; People v. Nelson (1968), 41 Ill. 2d 364, 367 ; People v. Muniz (1964), 31 Ill. 2d 130, 138 . 1983Cf. People v. Ellis (1973), 53 Ill.2d 390, 395-96 ; People v. Nelson (1968), 41 Ill.2d 364, 367 ; People v. Muniz (1964), 31 Ill.2d 130, 138 . | 1 | 1983–1983 |
People v. Hine
green
1 sentence1983People v. Hine (1980), 88 Ill. | 1 | 1983–1983 |
People Ex Rel. Henderson v. Redfern
green
1 sentence1979Henderson v. Redfern (1966), 75 Ill. | 1 | 1979–1979 |
People v. Stock
green
2 sentences1979(People v. Stock (1974), 56 Ill. 2d 461 , 309 N.E.2d 19 .) The prosecutor’s reference to a conspiracy was a characterization of defense counsel’s closing argument, in which he suggested that the State’s witnesses collaborated with the prosecutor. 1979(People v. Stock (1974), 56 Ill. 2d 461 , 309 N.E.2d 19 .) The prosecutor’s reference to a conspiracy was a characterization of defense counsel’s closing argument, in which he suggested that the State’s witnesses collaborated with the prosecutor. | 1 | 1979–1979 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.