27 Illinois opinions name it 2 courts 1877–2024 11 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. Sausedagreen2 sentences2022See Sauseda, 2016 IL App (1st) 140134, ¶ 20 (similarly finding). 2021See Sauseda, 2016 IL App (1st) 140134, ¶ 20 (similarly finding). | 3 | 4 |
In Re Detention of Liebermangreen2 sentences2013See Kelley, 2012 IL App (1st) 110240, ¶ 46 ; In re Detention of Lieberman, 379 Ill. 2013See Kelley, 2012 IL App (1st) 110240, ¶ 46 ; In re Detention of Lieberman, 379 Ill. | 3 | 3 |
In re the Committment of Kelleygreen2 sentences2013See Kelley, 2012 IL App (1st) 110240, ¶ 46 ; In re Detention of Lieberman, 379 Ill. 2013Lastly, and again as we found in Kelley, 2012 IL App (1st) 110240, ¶ 47 , based upon the evidence presented in the entire record, even if error we cannot say that these comments were of such magnitude that they resulted in substantial prejudice to defendant and constituted a material factor in his conviction. ¶ 39 Lastly, in regard to this issue, respondent argues that the trial court erred by denying his motion for a mistrial concerning the alleged substantive use of basis of opinion testimony during closing argument. | 2 | 2 |
People v. Reedgreen2 sentences2011Leonardi v. Loyola University of Chicago, 168 Ill.2d 83, 97 , 212 Ill.Dec. 968 , 658 N.E.2d 450 (1995) (noting that a reviewing court "can sustain the decision of a lower court on any grounds which are called for by the record, regardless of whether the lower court relied on those grounds and regardless of whether the lower court's reasoning was correct"); People v. Reed, 361 Ill.App.3d 995, 1000 , 297 Ill.Dec. 841 , 838 N.E.2d 328 (2005) ("[w]e review the trial court's judgment, not its rationale," and "[w]e can affirm for any reason the record supports"). 2011Leonardi v. Loyola University of Chicago, 168 Ill.2d 83, 97 , 212 Ill.Dec. 968 , 658 N.E.2d 450 (1995) (noting that a reviewing court "can sustain the decision of a lower court on any grounds which are called for by the record, regardless of whether the lower court relied on those grounds and regardless of whether the lower court's reasoning was correct"); People v. Reed, 361 Ill.App.3d 995, 1000 , 297 Ill.Dec. 841 , 838 N.E.2d 328 (2005) ("[w]e review the trial court's judgment, not its rationale," and "[w]e can affirm for any reason the record supports"). | 2 | 2 |
Leonardi v. Loyola University of Chicagogreen2 sentences2011Leonardi v. Loyola University of Chicago, 168 Ill.2d 83, 97 , 212 Ill.Dec. 968 , 658 N.E.2d 450 (1995) (noting that a reviewing court "can sustain the decision of a lower court on any grounds which are called for by the record, regardless of whether the lower court relied on those grounds and regardless of whether the lower court's reasoning was correct"); People v. Reed, 361 Ill.App.3d 995, 1000 , 297 Ill.Dec. 841 , 838 N.E.2d 328 (2005) ("[w]e review the trial court's judgment, not its rationale," and "[w]e can affirm for any reason the record supports"). 2011Leonardi v. Loyola University of Chicago, 168 Ill.2d 83, 97 , 212 Ill.Dec. 968 , 658 N.E.2d 450 (1995) (noting that a reviewing court "can sustain the decision of a lower court on any grounds which are called for by the record, regardless of whether the lower court relied on those grounds and regardless of whether the lower court's reasoning was correct"); People v. Reed, 361 Ill.App.3d 995, 1000 , 297 Ill.Dec. 841 , 838 N.E.2d 328 (2005) ("[w]e review the trial court's judgment, not its rationale," and "[w]e can affirm for any reason the record supports"). | 1 | 2 |
People v. Perkinsgreen1 sentence2024See id. (declining to “assume there was some other excuse counsel failed to raise for the delay in filing” where the record did not indicate that the “petitioner had any other excuse showing the delay in filing was not due to his culpable negligence”). ¶ 26 On this record, we do not find replacement counsel’s statement that the “defense cannot speak” to the untimeliness arguments advanced by the State demonstrates that counsel failed to inquire of defendant the basis for his untimely filing. | 1 | 1 |
People v. Powellgreen1 sentence2024Id.; People v. Powell, 159 Ill. | 1 | 1 |
People v. Kurenagreen1 sentence2024Id. ¶ 68 Similarly in People v. Kurena, 87 Ill. | 1 | 1 |
People v. Bewgreen1 sentence2023See People v. Bew, 228 Ill. 2d 122, 135 (2008). ¶ 28 Finally, while defendant concedes that there is no evidence in the record that he was tried by a biased jury, he argues that this court should presume prejudice. | 1 | 1 |
People v. Simsgreen1 sentence2022See id. | 1 | 1 |
People v. Acevedogreen1 sentence2019See People v. Acevedo, 275 Ill. | 1 | 1 |
People v. Taylorgreen1 sentence2016There is a strong presumption that jurors follow the instructions of the court (People v. Taylor, 166 Ill. 2d 414, 438 (1995)), and we find nothing in the record to rebut this presumption. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Boots
green
2 sentences2024Boots, 2022 IL App (2d) 200640, ¶ 45 . ¶ 58 B. 2022App. 3d at 260 ), and there - 18 - 2022 IL App (2d) 200640 is nothing in the record to rebut that presumption. | 2 | 2022–2024 |
People v. Harris
green
2 sentences1989(People v. Whitehead (1987), 116 Ill. 2d 425, 455 ; People v. Hall (1986), 114 Ill. 2d 376, 419 ; People v. Harris (1974), 57 Ill. 2d 228, 231 ; People v. Wallenberg (1962), 24 Ill. 2d 350, 354 .) There is nothing in the record to rebut the presumption that the court considered only competent evidence in sentencing the defendant to death; absent an express indication that improperly admitted material was considered (see People v. Simms (1988), 121 Ill. 2d 259, 274 ), we will not take the step that defendant suggests and presume that it was considered. 1986A trial court will be presumed to have considered only proper evidence and to have disregarded inadmissible evidence in reaching its conclusions (People v. Harris (1974), 57 Ill. 2d 228, 231 ; People v. Wallenberg (1962), 24 Ill. 2d 350, 354 ), and there is nothing in the record to rebut the presumption that the court considered only properly admitted evidence in sentencing the defendant to death. | 2 | 1986–1989 |
The People v. Wallenberg
green
2 sentences1989(People v. Whitehead (1987), 116 Ill. 2d 425, 455 ; People v. Hall (1986), 114 Ill. 2d 376, 419 ; People v. Harris (1974), 57 Ill. 2d 228, 231 ; People v. Wallenberg (1962), 24 Ill. 2d 350, 354 .) There is nothing in the record to rebut the presumption that the court considered only competent evidence in sentencing the defendant to death; absent an express indication that improperly admitted material was considered (see People v. Simms (1988), 121 Ill. 2d 259, 274 ), we will not take the step that defendant suggests and presume that it was considered. 1986A trial court will be presumed to have considered only proper evidence and to have disregarded inadmissible evidence in reaching its conclusions (People v. Harris (1974), 57 Ill. 2d 228, 231 ; People v. Wallenberg (1962), 24 Ill. 2d 350, 354 ), and there is nothing in the record to rebut the presumption that the court considered only properly admitted evidence in sentencing the defendant to death. | 2 | 1986–1989 |
People v. Gilbert
green
1 sentence2024Id. ¶ 68 Similarly in People v. Kurena, 87 Ill. | 1 | 2024–2024 |
People v. Jackson
green
1 sentence2023“This presumption can be rebutted through affirmative evidence in the record.” Id. ¶ 44 Defendant does not provide affirmative evidence in the record to rebut this presumption. | 1 | 2023–2023 |
People v. Palomera
green
1 sentence2022In the present case, there is nothing in the record to rebut the presumption that the trial court considered the financial - 24 - 2022 IL App (2d) 200631 impact of defendant’s imprisonment before sentencing him. | 1 | 2022–2022 |
People v. Andrews
green
1 sentence2020The reviewing court must consider the record as a whole when considering the propriety of a sentence, and not focus on “a few words or sentences.” People v. Andrews, 2013 IL App (1st) 121623, ¶ 15 . - 17 - No. 1-18-2054 ¶ 63 The sentencing court will be presumed to have considered the appropriate factors in mitigation unless the defendant makes a positive showing from the record to rebut the presumption. | 1 | 2020–2020 |
People v. Hall
green
1 sentence1989(People v. Whitehead (1987), 116 Ill. 2d 425, 455 ; People v. Hall (1986), 114 Ill. 2d 376, 419 ; People v. Harris (1974), 57 Ill. 2d 228, 231 ; People v. Wallenberg (1962), 24 Ill. 2d 350, 354 .) There is nothing in the record to rebut the presumption that the court considered only competent evidence in sentencing the defendant to death; absent an express indication that improperly admitted material was considered (see People v. Simms (1988), 121 Ill. 2d 259, 274 ), we will not take the step that defendant suggests and presume that it was considered. | 1 | 1989–1989 |
People v. Whitehead
green
1 sentence1989(People v. Whitehead (1987), 116 Ill. 2d 425, 455 ; People v. Hall (1986), 114 Ill. 2d 376, 419 ; People v. Harris (1974), 57 Ill. 2d 228, 231 ; People v. Wallenberg (1962), 24 Ill. 2d 350, 354 .) There is nothing in the record to rebut the presumption that the court considered only competent evidence in sentencing the defendant to death; absent an express indication that improperly admitted material was considered (see People v. Simms (1988), 121 Ill. 2d 259, 274 ), we will not take the step that defendant suggests and presume that it was considered. | 1 | 1989–1989 |
People v. Simms
green
1 sentence1989(People v. Whitehead (1987), 116 Ill. 2d 425, 455 ; People v. Hall (1986), 114 Ill. 2d 376, 419 ; People v. Harris (1974), 57 Ill. 2d 228, 231 ; People v. Wallenberg (1962), 24 Ill. 2d 350, 354 .) There is nothing in the record to rebut the presumption that the court considered only competent evidence in sentencing the defendant to death; absent an express indication that improperly admitted material was considered (see People v. Simms (1988), 121 Ill. 2d 259, 274 ), we will not take the step that defendant suggests and presume that it was considered. | 1 | 1989–1989 |
Dowie v. Driscoll
green
2 sentences1980In equity cases, it is presumed “that the chancellor considered only competent evidence * * * (Dowie v. Driscoll (1903), 203 Ill. 480, 487 , 68 N.E. 56 .) There is nothing in the record to rebut this presumption. 1980In equity cases, it is presumed “that the chancellor considered only competent evidence * * * (Dowie v. Driscoll (1903), 203 Ill. 480, 487 , 68 N.E. 56 .) There is nothing in the record to rebut this presumption. | 1 | 1980–1980 |
In Re Estate of Likes
green
1 sentence1973In re Estate of Likes, 6 Ill.App.3d 976 , has no application on the facts since claimant did not reside in decedent’s home; further, her judgment was reversed. | 1 | 1973–1973 |
In Re Estate of Foster
green
1 sentence1973“Their continued residence together was pursuant to this agreement.” The court, on page 240, recognized the rule and said, “However, assuming that such a family relationship did exist, we believe there is sufficient evidence in the record to rebut the presumption. 888 The record shows that decedent made repeated promises to claimant that if she cared for him he would pay for those services, 8 8 8.” In In re Estate of Foster, 46 Ill.App.2d 319 , previously cited, the court recognized the rule and reversed tire judgment rendered by the trial court in favor of claimant, a non-relative who resided | 1 | 1973–1973 |
Sargent v. Roberts
neutral
1 sentence1949(Sargent v. Roberts, 265 Ill. 210 .) There is nothing in the record to rebut this presumption. | 1 | 1949–1949 |
People ex rel. Stuckart v. Culver
neutral
1 sentence1937The rule is well settled that every presumption is in favor of the validity of the proceeding (People v. Culver, 281 Ill. 401, 404 ) and no convincing reason is disclosed by the record to rebut that presumption. | 1 | 1937–1937 |
Chase v. Dana
neutral
1 sentence1877Or had it appeared from the record that the note was not and could not have been due, the record would have shown that the attorney in fact had no power to enter the appearance of the defendants, and having- no power, the court would have failed to acquire jurisdiction of the persons of the defendants, and the case would have been like Chase v. Dana supra.” When we consider that the objection was made to the introduction of the warrant of attorney on the trial of the ejectment case in the court below, on the ■ specific ground that it was no part of the record of the cause, and that on the appe | 1 | 1877–1877 |
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.