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28 Illinois opinions name it 3 courts 1902–2026 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.
| Case | Followed | Cited |
|---|---|---|
People v. Peeplesgreen2 sentences2021People v. Peeples, 155 Ill. 2d 422, 463 (1993). 2020People v. Peeples, 155 Ill. 2d 422, 463 (1993). | 3 | 3 |
People v. Jihangreen2 sentences2005"The right to challenge a statute as being vague on its face where the statute clearly applies to the conduct of the party making the challenge does not exist unless first amendment concerns are involved." People v. Jihan , 127 Ill. 2d 379, 386 , 537 N.E.2d 751, 754 (1989). 2005"The right to challenge a statute as being vague on its face where the statute clearly applies to the conduct of the party making the challenge does not exist unless first amendment concerns are involved." People v. Jihan , 127 Ill. 2d 379, 386 , 537 N.E.2d 751, 754 (1989). | 2 | 4 |
People v. Colegreen2 sentences1975In People v. Cole, 54 Ill.2d 401 , 298 N.E.2d 705 , the Supreme Court set forth the general principles that the party making a challenge for cause must show the existence of a state of mind in the juror that will raise a presumption of partiality and that determination of whether the prospective juror does, or does not, possess “the state of mind which will enable him to give to an accused a fair and impartial trial rests in the sound discretion of the trial judge.” This determination will not be set aside on review “unless it is against the manifest weight of the evidence.” ( 54 Ill.2d 401, 4 1975In People v. Cole, 54 Ill.2d 401 , 298 N.E.2d 705 , the Supreme Court set forth the general principles that the party making a challenge for cause must show the existence of a state of mind in the juror that will raise a presumption of partiality and that determination of whether the prospective juror does, or does not, possess “the state of mind which will enable him to give to an accused a fair and impartial trial rests in the sound discretion of the trial judge.” This determination will not be set aside on review “unless it is against the manifest weight of the evidence.” ( 54 Ill.2d 401, 4 | 1 | 3 |
People v. Williamsgreen1 sentence2026People v. Williams, 209 Ill. 2d 227, 244 (2004). ¶ 52 First, the party making the claim must establish a prima facie case of purposeful discrimination. | 1 | 1 |
People v. Armstronggreen1 sentence2024While a prospective juror may be removed for cause when that person’s “views would prevent or substantially impair the performance of his duties as a juror” (People v. Armstrong, 183 Ill. 2d 130, 143 (1998)), an equivocal response does not require that a juror be excused for cause (Buss, 187 Ill. 2d at 187 (citing Williams, 173 Ill. 2d at 67 )). ¶ 26 The burden of showing that a venireperson possesses a disqualifying state of mind is on the party making the challenge. | 1 | 1 |
People v. Portergreen1 sentence2022This determination is not to be set aside unless it is against the manifest weight of the evidence. [Citation.]” ¶ 16 Where a defendant claims juror bias following a juror’s failure to disclose their relationship with a witness during voir dire, “[t]he general rule *** is that a motion for a new trial will not be granted unless it is established that prejudice resulted.” People v. Porter, 111 Ill. 2d 386, 403 (1986); see also People v. Olinger, 176 Ill. 2d 326, 353 (1997) (“A new trial is required if the movant establishes that (1) a juror answered falsely on voir dire and (2) prejudice result | 1 | 1 |
People v. Olingergreen1 sentence2022This determination is not to be set aside unless it is against the manifest weight of the evidence. [Citation.]” ¶ 16 Where a defendant claims juror bias following a juror’s failure to disclose their relationship with a witness during voir dire, “[t]he general rule *** is that a motion for a new trial will not be granted unless it is established that prejudice resulted.” People v. Porter, 111 Ill. 2d 386, 403 (1986); see also People v. Olinger, 176 Ill. 2d 326, 353 (1997) (“A new trial is required if the movant establishes that (1) a juror answered falsely on voir dire and (2) prejudice result | 1 | 1 |
People v. Kuntugreen1 sentence2022While the conviction was somewhat similar to those charged in that all involved the possession of a weapon, nothing in the record suggests admission of this one conviction was unduly prejudicial such that it deprived defendant of a fair trial. ¶ 34 OSAD’s third potential issue concerns juror Tipton being allowed to serve on the jury after she expressed her opinion that “everyone is guilty.” “The burden of showing that a venireperson possesses a disqualifying state of mind is on the party making the challenge.” People v. Kuntu, 196 Ill. 2d 105, 127 (2001). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McKinley v. Watkins
green
2 sentences1913“Where a claim is asserted by one party against another, if the party making the claim honestly supposes that he has a good cause of action, compromise and satisfaction of the right asserted is a sufficient consideration to uphold a contract fairly entered into, even if, in fact, his claim could not have been enforced, either in whole or in part, at law or in equity. ‘The compromise of a doubtful right, where there is neither actual nor constructive fraud and the parties act in good faith, is sufficient consideration to support a promise. ’ ” Walker v. Shepard, 210 Ill. 112 ; McKinley v. Watki 1912In Walker v. Shepard, 210 Ill. 100 , it is said: “Where a claim is asserted by one party against another, if the party making the claim.honestly supposes that he has a good cause of action, compromise and satisfaction of the right asserted is a sufficient consideration to uphold a contract fairly entered into, even if, in fact, his claim could not have been enforced, either in whole or in part, at law or in equity. ‘The compromise of a doubtful right, where there is neither actual nor constructive fraud and the parties act in good faith, is a sufficient consideration to support a promise.’ McK | 3 | 1904–1913 |
People v. Mosley
green
2 sentences2025People v. Mosley, 2015 IL 115872, ¶ 22 . 2025People v. Mosley, 2015 IL 115872 , ¶ 22. | 2 | 2025–2025 |
Batson v. Kentucky
green
2 sentences2001Batson, 476 U.S. at 93-94 , 90 L. 2001Batson, 476 U.S. at 93-94 , 90 L. | 2 | 2001–2001 |
Pelouze v. Slaughter
neutral
2 sentences1956Pelouze v. Slaughter, 241 Ill. 215 , 89 N. E. 259 ; Grubey v. National Bank of Illinois, 133 Ill. 79 , 24 N. E. 575 . 1956Pelouze v. Slaughter, 241 Ill. 215 , 89 N. E. 259 ; Grubey v. National Bank of Illinois, 133 Ill. 79 , 24 N. E. 575 . | 2 | 1930–1956 |
Honeyman v. Jarvis
neutral
2 sentences1913“Where a claim is asserted by one party against another, if the party making the claim honestly supposes that he has a good cause of action, compromise and satisfaction of the right asserted is a sufficient consideration to uphold a contract fairly entered into, even if, in fact, his claim could not have been enforced, either in whole or in part, at law or in equity. ‘The compromise of a doubtful right, where there is neither actual nor constructive fraud and the parties act in good faith, is sufficient consideration to support a promise. ’ ” Walker v. Shepard, 210 Ill. 112 ; McKinley v. Watki 1912In Walker v. Shepard, 210 Ill. 100 , it is said: “Where a claim is asserted by one party against another, if the party making the claim.honestly supposes that he has a good cause of action, compromise and satisfaction of the right asserted is a sufficient consideration to uphold a contract fairly entered into, even if, in fact, his claim could not have been enforced, either in whole or in part, at law or in equity. ‘The compromise of a doubtful right, where there is neither actual nor constructive fraud and the parties act in good faith, is a sufficient consideration to support a promise.’ McK | 2 | 1912–1913 |
Adams v. Crown Coal & Tow Co.
green
2 sentences1913“Where a claim is asserted by one party against another, if the party making the claim honestly supposes that he has a good cause of action, compromise and satisfaction of the right asserted is a sufficient consideration to uphold a contract fairly entered into, even if, in fact, his claim could not have been enforced, either in whole or in part, at law or in equity. ‘The compromise of a doubtful right, where there is neither actual nor constructive fraud and the parties act in good faith, is sufficient consideration to support a promise. ’ ” Walker v. Shepard, 210 Ill. 112 ; McKinley v. Watki 1912In Walker v. Shepard, 210 Ill. 100 , it is said: “Where a claim is asserted by one party against another, if the party making the claim.honestly supposes that he has a good cause of action, compromise and satisfaction of the right asserted is a sufficient consideration to uphold a contract fairly entered into, even if, in fact, his claim could not have been enforced, either in whole or in part, at law or in equity. ‘The compromise of a doubtful right, where there is neither actual nor constructive fraud and the parties act in good faith, is a sufficient consideration to support a promise.’ McK | 2 | 1912–1913 |
McDonnell v. McPartlin
green
1 sentence2026McDonnell, 192 Ill. 2d at 526 . | 1 | 2026–2026 |
People v. Williams
green
1 sentence2024While a prospective juror may be removed for cause when that person’s “views would prevent or substantially impair the performance of his duties as a juror” (People v. Armstrong, 183 Ill. 2d 130, 143 (1998)), an equivocal response does not require that a juror be excused for cause (Buss, 187 Ill. 2d at 187 (citing Williams, 173 Ill. 2d at 67 )). ¶ 26 The burden of showing that a venireperson possesses a disqualifying state of mind is on the party making the challenge. | 1 | 2024–2024 |
People v. Buss
green
1 sentence2024While a prospective juror may be removed for cause when that person’s “views would prevent or substantially impair the performance of his duties as a juror” (People v. Armstrong, 183 Ill. 2d 130, 143 (1998)), an equivocal response does not require that a juror be excused for cause (Buss, 187 Ill. 2d at 187 (citing Williams, 173 Ill. 2d at 67 )). ¶ 26 The burden of showing that a venireperson possesses a disqualifying state of mind is on the party making the challenge. | 1 | 2024–2024 |
People v. Borizov
green
1 sentence2022In People v. Borizov, 2019 IL App (2d) 170004, ¶ 29 , the Second District explained the right to a fair and unbiased jury as follows: “The right to a jury trial guarantees to a criminal defendant a fair trial by a panel of impartial jurors. [Citation.] A person is not competent to sit as a juror if -4- his or her state of mind or mental attitude is such that, with him or her as a member of the jury, the defendant will not receive a fair and impartial trial. [Citation.] The burden of showing that a juror possesses a disqualifying state of mind is on the party making the challenge, and the deter | 1 | 2022–2022 |
Young v. Alden Gardens of Waterford, LLC
green
2 sentences2018In considering a claim that a fee award is "excessive," a reviewing court may consider whether the party making the claim of excessiveness also made the choice "to aggressively litigate this case, raising virtually every conceivable issue." Young , 2015 IL App (1st) 131887 , ¶ 106, 391 Ill.Dec. 361 , 30 N.E.3d 631 . 2018In considering a claim that a fee award is "excessive," a reviewing court may consider whether the party making the claim of excessiveness also made the choice "to aggressively litigate this case, raising virtually every conceivable issue." Young , 2015 IL App (1st) 131887 , ¶ 106, 391 Ill.Dec. 361 , 30 N.E.3d 631 . | 1 | 2018–2018 |
People v. Fabing
green
2 sentences1994(See People v. Fabing (1991), 143 Ill. 2d 48, 53 , 570 N.E.2d 329 ; Jihan, 127 Ill. 2d at 385 .) However, the right to challenge a statute as being unconstitutionally vague on its face where the statute clearly applies to the conduct of the party making the challenge does not exist unless first amendment freedoms are involved. 1994(See People v. Fabing (1991), 143 Ill. 2d 48, 53 , 570 N.E.2d 329 ; Jihan, 127 Ill. 2d at 385 .) However, the right to challenge a statute as being unconstitutionally vague on its face where the statute clearly applies to the conduct of the party making the challenge does not exist unless first amendment freedoms are involved. | 1 | 1994–1994 |
People v. Garrison
green
2 sentences1989(Garrison, 82 Ill. 2d at 454 .) In the present case, no first amendment issue is involved and so appellee does not have standing to argue that the statute might be vague as applied to someone else. 1989(Garrison, 82 Ill. 2d at 454 .) The right to challenge a statute as being vague on its face where the statute clearly applies to the conduct of the party making the challenge does not exist unless first amendment concerns are involved. | 1 | 1989–1989 |
Finn v. United States
green
1 sentence1983In reaching that conclusion the Court applied the rule announced in Finn v. U.S., 123 U.S. 227 , in which Justice Harlan, who delivered the opinion of the Court, stated as follows: “The general rule that the limitation does not operate by its own force as a bar, but is a defense, and that the party making such a defense must plead the Statute, if he wishes the benefit of its provisions, has no application to suits in Court of Claims against the United States. | 1 | 1983–1983 |
Yoselle v. Yoselle
neutral
1 sentence1976Unless there is some real prejudice involved, there will be no incentive for claiming improper authentication." • 1 It is clear that had defendants made some attempt to obtain certification of the report of proceedings but fell short of being in complete conformity with the requirements of Supreme Court Rule 323, this court would have had the power to treat the report of proceedings as if it were properly authenticated. ( Yoselle v. Yoselle, 54 Ill. | 1 | 1976–1976 |
Grubey v. National Bank
neutral
2 sentences1956Pelouze v. Slaughter, 241 Ill. 215 , 89 N. E. 259 ; Grubey v. National Bank of Illinois, 133 Ill. 79 , 24 N. E. 575 . 1956Pelouze v. Slaughter, 241 Ill. 215 , 89 N. E. 259 ; Grubey v. National Bank of Illinois, 133 Ill. 79 , 24 N. E. 575 . | 1 | 1956–1956 |
Mulholland v. Bartlett
green
1 sentence1919The court cites Parsons on Contracts to the effect that the claim must be of some value in reality, and that the assumption of a supposed liability, which has no foundation in law or in fact, is not a valuable or sufficient consideration, and that where one, through mistake of the law, acknowledges himself under an obligation which the law does not impose, he is not bound by such promise, although, in general, ignorance of the law is no excuse or defense, and Ohitty on Contracts to the effect that it is essential that such claim should be sustainable in law or in equity, and the consideration | 1 | 1919–1919 |
Heaps v. Dunham
green
1 sentence1919The court cites Parsons on Contracts to the effect that the claim must be of some value in reality, and that the assumption of a supposed liability, which has no foundation in law or in fact, is not a valuable or sufficient consideration, and that where one, through mistake of the law, acknowledges himself under an obligation which the law does not impose, he is not bound by such promise, although, in general, ignorance of the law is no excuse or defense, and Ohitty on Contracts to the effect that it is essential that such claim should be sustainable in law or in equity, and the consideration | 1 | 1919–1919 |
Walker v. Shepard
neutral
1 sentence1912In Walker v. Shepard, 210 Ill. 100 , it is said: “Where a claim is asserted by one party against another, if the party making the claim.honestly supposes that he has a good cause of action, compromise and satisfaction of the right asserted is a sufficient consideration to uphold a contract fairly entered into, even if, in fact, his claim could not have been enforced, either in whole or in part, at law or in equity. ‘The compromise of a doubtful right, where there is neither actual nor constructive fraud and the parties act in good faith, is a sufficient consideration to support a promise.’ McK | 1 | 1912–1912 |
Gehrke v. Gehrke
neutral
1 sentence1902In such case it would not be equitable for the defendant to pay a part of a solicitor’s fee solely earned as his adversary.” To the same effect, in substance, are the very recent cases of Gehrke v. Gehrke, 190 Ill. 166 , and Bliss v. Seeley, 191 Ill. 477 , in the latter of which cases it was held that where a defense was not formal, frivolous or vexatious, but of a substantial character, though held bad in the Supreme Court, solicitor’s fees should not be taxed against the party making such a defense. | 1 | 1902–1902 |
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.