consequence violation (Illinois) · Go Syfert
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consequence violation in Illinois

22 Illinois opinions name it 2 courts 1887–2026 10 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 (13)

CaseFollowedCited
People v. Ziobrogreen
ill · 2011 · cited in 5 Illinois opinions naming this issue, 2016–2025
2 sentences

2025See People v. Ziobro, 242 Ill. 2d 34, 43 (2011) (“Once a violation [of a timing requirement] has been established, the court must determine the consequence of such violation.”).

2025See People v. Cooper, 2025 IL 130946, ¶¶ 29-32 ; People v. Ziobro, 242 Ill. 2d 34, 43 (2011) (“Once a violation [of a timing requirement] has been established, the court must determine the consequence of such violation.”).

55
People v. Coopergreen
ill · 2025 · cited in 2 Illinois opinions naming this issue, 2025–2025
2 sentences

2025The State, citing Cooper, 2025 IL 130946 , contends that the timing requirement is directory, not mandatory, and the trial court did not err in denying the motion to strike.

2025See People v. Cooper, 2025 IL 130946, ¶¶ 29-32 ; People v. Ziobro, 242 Ill. 2d 34, 43 (2011) (“Once a violation [of a timing requirement] has been established, the court must determine the consequence of such violation.”).

22
Engle v. Foley and Lardner, LLPgreen
illappct · 2009 · cited in 2 Illinois opinions naming this issue, 2021–2022
2 sentences

2022Engle v. Foley & Lardner, LLP, 393 Ill.

2021Engle v. Foley & Lardner, LLP, 393 Ill.

22
People v. Robinsongreen
ill · 2005 · cited in 3 Illinois opinions naming this issue, 2016–2025
2 sentences

2025See Cooper, 2025 IL 130946, ¶ 34 . ¶ 43 Regarding the second exception to the directory presumption, we must consider the purpose of the statute and whether the statutory provision is “ ‘ “intended for the protection of the - 16 - 2025 IL App (2d) 250370 citizen, *** and by a disregard of which his rights might be and generally would be injuriously affected.” ’ ” People v. Robinson, 217 Ill. 2d 43, 56 (2005) (quoting People v. Jennings, 3 Ill. 2d 125, 127 (1954), quoting French v. Edwards, 80 U.S. (13 Wall.) 506, 511 (1871)).

2016See Ziobro, 242 Ill. 2d at 44-45 ; Delvillar, 235 Ill. 2d at 522 ; Robinson, 217 Ill. 2d at 57 . ¶ 25 In Ziobro, we considered whether a citation may be dismissed based on the failure to set a defendant’s first court appearance within the 14- to 60-day time period required under Rule 504.

13
People v. Geilergreen
ill · 2016 · cited in 2 Illinois opinions naming this issue, 2023–2025
2 sentences

2025Geiler, 2016 IL 119095, ¶¶ 24-25 (police department’s failure to transmit defendant’s citation to the circuit court clerk within 48 hours in violation of rule did not result in automatic dismissal of the citation); Ziobro, 242 Ill. 2d at 45 (defendant must show he was prejudiced to be entitled to relief for a violation of a directory rule). ¶ 42 The State argues that defendant does not and cannot argue that he was prejudiced by the brief delay in holding the detention hearing.

2023Accordingly, the failure of Officer Bekov to comply with Rule 529 did not compel the automatic dismissal of the citation. ¶ 20 “Although automatic dismissal of a citation is not an appropriate consequence for a violation of Rule [529], a defendant may still be entitled to relief if [she] can demonstrate [she] was prejudiced by the violation.” Geiler, 2016 IL 119095, ¶ 24 .

12
People v. Simpsongreen
ill · 2001 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026People v. Simpson, 204 Ill. 2d 536, 551-52 (2001); People v. West, 187 Ill. 2d 418, 425 (1999).

11
People v. Westgreen
ill · 1999 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026People v. Simpson, 204 Ill. 2d 536, 551-52 (2001); People v. West, 187 Ill. 2d 418, 425 (1999).

11
French v. Edwardsgreen
· 1872 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025See Cooper, 2025 IL 130946, ¶ 34 . ¶ 43 Regarding the second exception to the directory presumption, we must consider the purpose of the statute and whether the statutory provision is “ ‘ “intended for the protection of the - 16 - 2025 IL App (2d) 250370 citizen, *** and by a disregard of which his rights might be and generally would be injuriously affected.” ’ ” People v. Robinson, 217 Ill. 2d 43, 56 (2005) (quoting People v. Jennings, 3 Ill. 2d 125, 127 (1954), quoting French v. Edwards, 80 U.S. (13 Wall.) 506, 511 (1871)).

11
People v. Jenningsgreen
ill · 1954 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025See Cooper, 2025 IL 130946, ¶ 34 . ¶ 43 Regarding the second exception to the directory presumption, we must consider the purpose of the statute and whether the statutory provision is “ ‘ “intended for the protection of the - 16 - 2025 IL App (2d) 250370 citizen, *** and by a disregard of which his rights might be and generally would be injuriously affected.” ’ ” People v. Robinson, 217 Ill. 2d 43, 56 (2005) (quoting People v. Jennings, 3 Ill. 2d 125, 127 (1954), quoting French v. Edwards, 80 U.S. (13 Wall.) 506, 511 (1871)).

11
People v. Williamsgreen
illappct · 2025 · cited in 1 Illinois opinions naming this issue, 2025–2025
2 sentences

2025Rather, the court held the Code’s purpose was to reform pretrial practices, while “balanc[ing] the interests of defendants and the safety of the community.” Id. ¶ 37. - 15 - 2025 IL App (2d) 250370 ¶ 41 Cooper rejected the defendant’s argument that the only consequence for a violation of a timely hearing that would vindicate a defendant’s rights is release from custody.

2025See Cooper, 2025 IL 130946, ¶ 34 . ¶ 43 Regarding the second exception to the directory presumption, we must consider the purpose of the statute and whether the statutory provision is “ ‘ “intended for the protection of the - 16 - 2025 IL App (2d) 250370 citizen, *** and by a disregard of which his rights might be and generally would be injuriously affected.” ’ ” People v. Robinson, 217 Ill. 2d 43, 56 (2005) (quoting People v. Jennings, 3 Ill. 2d 125, 127 (1954), quoting French v. Edwards, 80 U.S. (13 Wall.) 506, 511 (1871)).

11
Douglas v. Alabamagreen
scotus · 1965 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024Douglas v. Alabama, 380 U.S. 415, 419-20 (1965). ¶ 37 This presents a problem at joint trials.

11
United States v. Randy Sanfordgreen
ca6 · 2012 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021App’x 212, 213 (5th Cir. 2019) (per curium) (Michigan concealed weapon restriction triggered the “unless” clause and prohibited the defendant from possessing a firearm under federal law); United States v. Sanford, 707 F.3d 594, 596 (6th Cir.) (inability of the defendant to obtain a - 16 - 2021 IL App (2d) 200533-U concealed weapons permit restricted his ability to “transport” a firearm which was sufficient to trigger the “unless” clause). ¶ 35 The Court in Caron was explicit in embracing the consequence of the rule it adopted: a partial state restoration of an offender’s firearms rights leaves

11
Mikrut v. First Bank of Oak Parkgreen
illappct · 2005 · cited in 1 Illinois opinions naming this issue, 2009–2009
1 sentence

2009See Mikrut v. First Bank of Oak Park, 359 Ill.

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 (19)

CaseCitedYears
People v. Delvillar green
ill · 2009
2 sentences

2016See Ziobro, 242 Ill. 2d at 44-45 ; Delvillar, 235 Ill. 2d at 522 ; Robinson, 217 Ill. 2d at 57 . ¶ 25 In Ziobro, we considered whether a citation may be dismissed based on the failure to set a defendant’s first court appearance within the 14- to 60-day time period required under Rule 504.

2016See Ziobro, 242 Ill. 2d at 44-45 ; Delvillar, 235 Ill. 2d at 522 ; Robinson, 217 Ill. 2d at 57 . ¶ 25 In Ziobro, we considered whether a citation may be dismissed based on the failure to set a defendant’s first court appearance within the 14- to 60-day time period required under Rule 504.

22016–2016
People v. Williams green
ill · 1990
2 sentences

2011In order to prevent this exception from swallowing the rule, the new evidence should not be of a nature that with due diligence could have been presented earlier." Williams, 138 Ill.2d at 393-94 , 150 Ill.Dec. 498 , 563 N.E.2d 385 . ¶ 116 In Illinois, a recognized exception to the law-of-the-case doctrine exists when the supreme court, following the first appeal, makes a contrary ruling on the precise issue of law on which the appellate court based its former opinion.

2011In order to prevent this exception from swallowing the rule, the new evidence should not be of a nature that with due diligence could have been presented earlier." Williams, 138 Ill.2d at 393-94 , 150 Ill.Dec. 498 , 563 N.E.2d 385 . ¶ 116 In Illinois, a recognized exception to the law-of-the-case doctrine exists when the supreme court, following the first appeal, makes a contrary ruling on the precise issue of law on which the appellate court based its former opinion.

22011–2011
Holly v. Montes green
ill · 2008
1 sentence

2021Id., citing In re M.I., 2013 IL 113776, ¶ 16 . ¶ 20 Article 9 of the Election Code provides a comprehensive process for the disclosure of campaign contributions and expenditures.

12021–2021
In re M.I. green
ill · 2013
1 sentence

2021Id., citing In re M.I., 2013 IL 113776, ¶ 16 . ¶ 20 Article 9 of the Election Code provides a comprehensive process for the disclosure of campaign contributions and expenditures.

12021–2021
People v. Gacho green
ill · 1988
2 sentences

1992You should not give any consideration to these questions.” Relying on non-Illinois cases which endorse the giving of a consequence instruction, as well as the reasoning of People v. Gacho (1988), 122 Ill. 2d 221 , 522 N.E.2d 1146 , cert. denied (1988), 488 U.S. 910 , 102 L.

1992You should not give any consideration to these questions.” Relying on non-Illinois cases which endorse the giving of a consequence instruction, as well as the reasoning of People v. Gacho (1988), 122 Ill. 2d 221 , 522 N.E.2d 1146 , cert. denied (1988), 488 U.S. 910 , 102 L.

11992–1992
People v. Meeker green
illappct · 1980
2 sentences

1992In People v. Meeker (1980), 86 Ill.

1992(Meeker, 86 Ill.

11992–1992
Gacho v. Illinois green
scotus · 1988
1 sentence

1992You should not give any consideration to these questions.” Relying on non-Illinois cases which endorse the giving of a consequence instruction, as well as the reasoning of People v. Gacho (1988), 122 Ill. 2d 221 , 522 N.E.2d 1146 , cert. denied (1988), 488 U.S. 910 , 102 L.

11992–1992
Taylor v. Bunge Corp. green
scotus · 1988
1 sentence

1992You should not give any consideration to these questions.” Relying on non-Illinois cases which endorse the giving of a consequence instruction, as well as the reasoning of People v. Gacho (1988), 122 Ill. 2d 221 , 522 N.E.2d 1146 , cert. denied (1988), 488 U.S. 910 , 102 L.

11992–1992
Danielson v. Mixon green
· 1918
2 sentences

1992Ed. 2d 252 , 109 S. Ct. 264 , which approved the giving of a consequence instruction in a death penalty hearing situation, defendant asserts that the refusal to give the tendered instruction entitles him to a new trial.

1992Ed. 2d 252 , 109 S. Ct. 264 , which approved the giving of a consequence instruction in a death penalty hearing situation, defendant asserts that the refusal to give the tendered instruction entitles him to a new trial.

11992–1992
Davis v. Alaska green
scotus · 1974
1 sentence

1990Ed. 2d at 355 , 94 S. Ct. at 1111 .) As a consequence of defense counsel’s inability to present evidence showing why a witness might be biased, a jury might view defense counsel’s cross-examination with disapproval as a groundless attack on the witness.

11990–1990
People v. Smith green
illappct · 1980
1 sentence

1981App. 3d 438 , 414 N.E.2d 1281 .) Application of this rule in the case of a violation of the Juvenile Court Act and evidence obtained as a consequence of that violation would be a novel remedy and one bearing no relation to the purpose of the exclusionary rule.

11981–1981
In re the Motion to Admit Mosness to the Bar of this Court green
wis · 1876
1 sentence

1912(In re Day, 181 Ill. 73 ; State v. Noble, 118 Ind. 350 ; In re Mosness, 39 Wis. 509 .) Undoubtedly the legislative department may, in the legitimate exercise of legislative power, prescribe reasonable qualifications which will exclude improper persons, or may make removal from office a consequence of violation of law; but the judicial department could not be separate from the other departments of the government and free from interference in the exercise of judicial functions if it must accept its assistants from another department or a commission which makes the selection.

11912–1912
In re Day green
ill · 1899
1 sentence

1912(In re Day, 181 Ill. 73 ; State v. Noble, 118 Ind. 350 ; In re Mosness, 39 Wis. 509 .) Undoubtedly the legislative department may, in the legitimate exercise of legislative power, prescribe reasonable qualifications which will exclude improper persons, or may make removal from office a consequence of violation of law; but the judicial department could not be separate from the other departments of the government and free from interference in the exercise of judicial functions if it must accept its assistants from another department or a commission which makes the selection.

11912–1912
State ex rel. Hovey v. Noble green
ind · 1889
1 sentence

1912(In re Day, 181 Ill. 73 ; State v. Noble, 118 Ind. 350 ; In re Mosness, 39 Wis. 509 .) Undoubtedly the legislative department may, in the legitimate exercise of legislative power, prescribe reasonable qualifications which will exclude improper persons, or may make removal from office a consequence of violation of law; but the judicial department could not be separate from the other departments of the government and free from interference in the exercise of judicial functions if it must accept its assistants from another department or a commission which makes the selection.

11912–1912
Coal Run Coal Co. v. Jones green
ill · 1886
1 sentence

1904It is sufficient that the violation of the statute was wilful, and that it did in fact occasion the injury.” In the same case the court uses the following language : “ Counsel contend that the death ‘ was not principally and directly caused by ’ this violation, and cite in support of this contention, Coal Run Coal Co. v. Jones, 127 Ill. 379 , Illinois Fuel Co. v. Parsons, 38 App. 182 , and Missouri and Illinois Coal Co. v. Schwalb, 77 App. 593 .

11904–1904
Lindner Co. v. Myrod Shoe Co. neutral
ohioctapp · 1930
1 sentence

1904It is sufficient that the violation of the statute was wilful, and that it did in fact occasion the injury.” In the same case the court uses the following language : “ Counsel contend that the death ‘ was not principally and directly caused by ’ this violation, and cite in support of this contention, Coal Run Coal Co. v. Jones, 127 Ill. 379 , Illinois Fuel Co. v. Parsons, 38 App. 182 , and Missouri and Illinois Coal Co. v. Schwalb, 77 App. 593 .

11904–1904
West Chicago Street Railroad v. Feldstein neutral
ill · 1897
11902–1902
Braun v. Craven green
· 1898
1 sentence

1902Co. v. Feldstein, 169 Ill. 139 , and Braun v. Craven, 175 Ill. 401 .

11902–1902
Carman v. . Beach green
ny · 1875
11887–1887

Where else courts name it

CA 46 (1867–2023) PA 33 (1887–2024) NY 31 (1879–2023) TX 26 (1936–2024) IL 22 (1887–2026) FL 16 (1973–2014) OR 15 (1883–2023) IN 12 (1902–2021) NM 11 (1977–2022) OH 10 (1897–2007) MD 9 (1914–1994) MI 8 (1883–2025) NJ 8 (1975–2025) TN 8 (1998–2018) MA 7 (1941–2015) MN 7 (1959–2024) WI 6 (1971–2026) IA 6 (1871–2021) KY 6 (1916–1994) NC 6 (1900–2008) GA 6 (1877–1998) MO 6 (1970–2016) LA 6 (1931–2007) CT 5 (1961–2018) UT 5 (1987–2024) WY 5 (1962–2020) OK 4 (1982–1988) WA 4 (1980–2015) NE 3 (1977–2006) MS 3 (1848–2005) SD 3 (1992–2007) ID 3 (1955–2017) CO 3 (1988–2020) AR 3 (1907–1933) VT 2 (2017–2017) AL 2 (1847–1976) AZ 2 (1982–2010) MT 2 (1913–2010) DC 2 (1986–2015) NV 2 (2015–2015) RI 2 (1994–2016)

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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