defendant guilty absent error (Illinois) · Go Syfert
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defendant guilty absent error in Illinois

28 Illinois opinions name it 2 courts 2001–2025 7 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 (6)

CaseFollowedCited
Neder v. United Statesgreen
scotus · 1999 · cited in 19 Illinois opinions naming this issue, 2003–2025
2 sentences

2025“Under plain-error analysis, the defendant must persuade the court that the error was prejudicial.” Id. (citing Thurow, 203 Ill. 2d at 363 ). ¶ 41 In Thurow, the Illinois Supreme Court noted that the appropriate test in determining if a constitutional error is harmless is: “ ‘Is it clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error?’ ” Thurow, 203 Ill. 2d at 368 -69 (quoting Neder v. United States, 527 U.S. 1, 18 (1999)).

2021Id. ¶ 134 Because the error is a constitutional one, affecting the defendant’s right to due process, reversal is required unless it is “ ‘clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error.’ ” Id. (quoting Neder v. United States, 527 U.S. 1, 18 (1999)); see also, e.g., People v. Mohr, 228 Ill. 2d 53, 69 (2008) (applying harmless- beyond-a-reasonable-doubt standard to instructional error); People v. Pomykala, 203 Ill. 2d 198, 210 (2003) (same); People v. Dennis, 181 Ill. 2d 87, 95 (1998) (same).

1019
People v. Thurowgreen
ill · 2003 · cited in 11 Illinois opinions naming this issue, 2004–2025
2 sentences

2025“Under plain-error analysis, the defendant must persuade the court that the error was prejudicial.” Id. (citing Thurow, 203 Ill. 2d at 363 ). ¶ 41 In Thurow, the Illinois Supreme Court noted that the appropriate test in determining if a constitutional error is harmless is: “ ‘Is it clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error?’ ” Thurow, 203 Ill. 2d at 368 -69 (quoting Neder v. United States, 527 U.S. 1, 18 (1999)).

2025“Under plain-error analysis, the defendant must persuade the court that the error was prejudicial.” Id. (citing Thurow, 203 Ill. 2d at 363 ). ¶ 41 In Thurow, the Illinois Supreme Court noted that the appropriate test in determining if a constitutional error is harmless is: “ ‘Is it clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error?’ ” Thurow, 203 Ill. 2d at 368 -69 (quoting Neder v. United States, 527 U.S. 1, 18 (1999)).

211
People v. Hernandezgreen
illappct · 2012 · cited in 4 Illinois opinions naming this issue, 2013–2024
2 sentences

2024People v. Hernandez, 2012 IL App (1st) 092841, ¶ 67 (“the harmless-error inquiry was, ‘Is it clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error?’ [Citation.] This inquiry is different than that regarding sufficiency of the evidence.”).

2024People v. Hernandez, 2012 IL App (1st) 092841, ¶ 67 (“[T]he harmless-error inquiry was, ‘Is it clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error?’ [Citation.] This inquiry is different than that regarding sufficiency of the evidence.”).

24
People v. Dennisgreen
ill · 1998 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Id. ¶ 134 Because the error is a constitutional one, affecting the defendant’s right to due process, reversal is required unless it is “ ‘clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error.’ ” Id. (quoting Neder v. United States, 527 U.S. 1, 18 (1999)); see also, e.g., People v. Mohr, 228 Ill. 2d 53, 69 (2008) (applying harmless- beyond-a-reasonable-doubt standard to instructional error); People v. Pomykala, 203 Ill. 2d 198, 210 (2003) (same); People v. Dennis, 181 Ill. 2d 87, 95 (1998) (same).

11
People v. Pomykalagreen
ill · 2003 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Id. ¶ 134 Because the error is a constitutional one, affecting the defendant’s right to due process, reversal is required unless it is “ ‘clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error.’ ” Id. (quoting Neder v. United States, 527 U.S. 1, 18 (1999)); see also, e.g., People v. Mohr, 228 Ill. 2d 53, 69 (2008) (applying harmless- beyond-a-reasonable-doubt standard to instructional error); People v. Pomykala, 203 Ill. 2d 198, 210 (2003) (same); People v. Dennis, 181 Ill. 2d 87, 95 (1998) (same).

11
People v. Mohrgreen
ill · 2008 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Id. ¶ 134 Because the error is a constitutional one, affecting the defendant’s right to due process, reversal is required unless it is “ ‘clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error.’ ” Id. (quoting Neder v. United States, 527 U.S. 1, 18 (1999)); see also, e.g., People v. Mohr, 228 Ill. 2d 53, 69 (2008) (applying harmless- beyond-a-reasonable-doubt standard to instructional error); People v. Pomykala, 203 Ill. 2d 198, 210 (2003) (same); People v. Dennis, 181 Ill. 2d 87, 95 (1998) (same).

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 (4)

CaseCitedYears
United States v. Wendell Nance, Sr. green
ca7 · 2001
2 sentences

2001Nance, 236 F.3d at 825 .

2001Nance , 236 F.3d at 825 .

32001–2001
People v. Patterson green
ill · 2005
2 sentences

2024The question we must answer is whether Jackson’s testimony is overwhelming evidence of defendant’s guilt, whether defendant’s statements are merely cumulative of Jackson’s testimony (Patterson, 217 Ill. 2d at 428 ), or whether defendant’s inculpatory statements contributed to the verdict (Cox, 2023 IL App (1st) 170761, ¶¶ 55-56 ). ¶ 52 Jackson’s testimony is circumstantial as it pertains to defendant’s knowledge about Joseph’s intent, whether defendant shared that intent, or whether defendant intended to facilitate Joseph shooting the victims.

2024The question we must answer is whether Jackson’s testimony is overwhelming evidence of defendant’s guilt, whether defendant’s statements are merely cumulative of Jackson’s testimony (Patterson, 217 Ill. 2d at 428 ), or whether defendant’s inculpatory statements contributed to the verdict (Cox, 2023 IL App (1st) 170761, ¶¶ 55-56 ). - 20 - 1-21-1102 ¶ 51 Jackson’s testimony is circumstantial, as it pertains to defendant’s knowledge about Joseph’s intent, whether defendant shared that intent, or whether defendant intended to facilitate Joseph shooting the victims.

22024–2024
People v. Cox green
illappct · 2023
2 sentences

2024The question we must answer is whether Jackson’s testimony is overwhelming evidence of defendant’s guilt, whether defendant’s statements are merely cumulative of Jackson’s testimony (Patterson, 217 Ill. 2d at 428 ), or whether defendant’s inculpatory statements contributed to the verdict (Cox, 2023 IL App (1st) 170761, ¶¶ 55-56 ). ¶ 52 Jackson’s testimony is circumstantial as it pertains to defendant’s knowledge about Joseph’s intent, whether defendant shared that intent, or whether defendant intended to facilitate Joseph shooting the victims.

2024The question we must answer is whether Jackson’s testimony is overwhelming evidence of defendant’s guilt, whether defendant’s statements are merely cumulative of Jackson’s testimony (Patterson, 217 Ill. 2d at 428 ), or whether defendant’s inculpatory statements contributed to the verdict (Cox, 2023 IL App (1st) 170761, ¶¶ 55-56 ). - 20 - 1-21-1102 ¶ 51 Jackson’s testimony is circumstantial, as it pertains to defendant’s knowledge about Joseph’s intent, whether defendant shared that intent, or whether defendant intended to facilitate Joseph shooting the victims.

22024–2024
People v. Walker green
illappct · 2015
1 sentence

2025Id.

12025–2025

Statutes the citing opinions construe

IL § 730 ILCS 5/5-8-1 (7) IL § 720 ILCS 5/9-1 (4) IL § 720 ILCS 5/9-3 (4) IL § 725 ILCS 5/111-3 (4) IL § 720 ILCS 5/4-5 (3) IL § 720 ILCS 5/8-4 (3) IL § 730 ILCS 5/5-4.5-100 (3) IL § 730 ILCS 5/5-5-3.2 (3) IL § 730 ILCS 5/5-8-4 (3) USC § 18u.s.c.1028a(a)(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

WI 129 (2002–2026) CA 75 (1999–2026) MI 59 (2001–2025) IL 28 (2001–2025) VA 28 (2017–2026) NV 16 (2000–2025) ID 10 (2010–2022) DC 5 (2005–2025) FL 5 (2007–2018) NC 5 (2005–2005) OK 4 (2004–2016) TN 3 (2000–2014) CT 3 (2000–2020) TX 3 (2008–2008) IN 3 (2019–2020) MS 2 (2010–2014) NM 2 (2004–2004)

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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