characterization error (Illinois) · Go Syfert
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characterization error in Illinois

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.

Followed or applied (12)

CaseFollowedCited
MELROSE PARK SUNDRIES, INC. v. Carlinigreen
illappct · 2010 · cited in 3 Illinois opinions naming this issue, 2018–2019
2 sentences

2019See, 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.

33
Fiala v. Bickford Senior Living Group, LLCgreen
illappct · 2016 · cited in 2 Illinois opinions naming this issue, 2017–2018
2 sentences

2018App. 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)).

22
People v. Glaspergreen
ill · 2009 · cited in 2 Illinois opinions naming this issue, 2009–2010
2 sentences

2010See 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 .

22
American Dredging Co. v. Millergreen
scotus · 1994 · cited in 2 Illinois opinions naming this issue, 2005–2005
2 sentences

2005See American Dredging Co., 510 U.S. at 457-58 , 127 L.

2005See American Dredging Co., 510 U.S. at 457-58 , 127 L.

22
People v. Pagegreen
ill · 1993 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001See 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).

22
People v. Hudsongreen
ill · 1993 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001See 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).

22
People v. MacKgreen
ill · 1995 · cited in 2 Illinois opinions naming this issue, 1998–1998
2 sentences

1998See Mack, 167 Ill. 2d at 538 .

1998See Mack, 167 Ill.2d at 538, 212 Ill.Dec. 955 , 658 N.E.2d 437 .

22
Arizona v. Evansgreen
scotus · 1995 · cited in 2 Illinois opinions naming this issue, 1999–1999
2 sentences

1999See 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.

12
The PEOPLE v. Nelsongreen
ill · 1971 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023People v. Nelson, 47 Ill. 2d 570, 574 (1971).

11
People v. Childressgreen
ill · 2000 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023Because 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).

11
People v. Hoopergreen
ill · 1989 · cited in 1 Illinois opinions naming this issue, 2009–2009
2 sentences

2009See 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]?'").

11
People v. Smithgreen
ill · 1990 · cited in 1 Illinois opinions naming this issue, 1997–1997
2 sentences

1997People 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).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (17)

CaseCitedYears
Widmer v. Hoover green
illappct · 2003
2 sentences

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.

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.

22004–2004
The People v. Lewerenz green
ill · 1962
2 sentences

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.

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.

12022–2022
Fahlstrom v. Jones green
illappct · 2011
1 sentence

2022They 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 .

12022–2022
Mercola v. Abdou green
ilnd · 2016
1 sentence

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.

12018–2018
Milos v. Tracy Hall green
illappct · 2001
2 sentences

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)).

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)).

12017–2017
Holzrichter v. Yorath green
illappct · 2013
1 sentence

2016McDonald 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.

12016–2016
People v. Phillips green
illappct · 1992
1 sentence

2005The court in Phillips rejected the prosecution’s characterization of defense counsel’s cross-examination as “sound trial strategy.” Phillips, 227 Ill.

12005–2005
In Re Marriage of Culp green
illappct · 2003
2 sentences

2005In In re Marriage of Culp, 341 Ill.

2005In In re Marriage of Culp , 341 Ill.

12005–2005
People v. Turnage green
ill · 1994
2 sentences

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.

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.

11999–1999
People v. Shaw green
illappct · 1981
2 sentences

1991Fourth, 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 .

11991–1991
The People v. Nelson green
ill · 1968
2 sentences

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 .

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 .

11983–1983
The People v. Muniz green
ill · 1964
2 sentences

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 .

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 .

11983–1983
People v. Jackson green
ill · 1981
2 sentences

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.

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.

11983–1983
People v. Ellis green
ill · 1973
2 sentences

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 .

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 .

11983–1983
People v. Hine green
illappct · 1980
1 sentence

1983People v. Hine (1980), 88 Ill.

11983–1983
People Ex Rel. Henderson v. Redfern green
illappct · 1966
1 sentence

1979Henderson v. Redfern (1966), 75 Ill.

11979–1979
People v. Stock green
ill · 1974
2 sentences

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.

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.

11979–1979

Statutes the citing opinions construe

IL § 735 ILCS 5/2-619 (6) IL § 735 ILCS 5/2-615 (5) IL § 720 ILCS 5/9-1 (3) IL § 735 ILCS 5/13-214.4 (3) IL § 735 ILCS 5/2-2201 (3) IL § 735 ILCS 5/2-622 (3) IL § 815 ILCS 505/1 (3)

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.

Where else courts name it

TX 75 (1981–2025) IL 31 (1979–2023) CA 27 (1950–2024) NY 18 (1985–2026) NJ 13 (1988–2024) MA 11 (1991–2026) CT 7 (1980–2015) OH 7 (2004–2020) MI 6 (1982–2022) LA 6 (1976–2006) PA 6 (1977–2026) AZ 5 (1980–2023) NC 5 (2002–2025) TN 5 (2005–2019) WA 5 (1976–2021) AR 4 (1995–2017) WI 4 (1981–2014) CO 4 (1993–2024) UT 4 (1989–2023) IN 4 (1986–2019) ND 3 (1987–2003) IA 3 (1981–2018) VT 3 (1990–2023) MN 3 (1985–2009) FL 3 (1989–2018) ID 3 (2003–2014) OR 3 (1980–2020) DE 3 (1987–2022) MD 2 (1996–1999) NV 2 (2015–2015) GA 2 (1997–2016) ME 2 (1998–2024) DC 2 (1989–1996) HI 2 (1995–1995) MT 2 (1985–2020) KS 2 (2021–2024) VA 2 (2007–2018) KY 2 (1986–2024)

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.

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