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.
| Case | Followed | Cited |
|---|---|---|
People v. Ziobrogreen2 sentences2025See 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.”). | 5 | 5 |
People v. Coopergreen2 sentences2025The 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.”). | 2 | 2 |
Engle v. Foley and Lardner, LLPgreen2 sentences2022Engle v. Foley & Lardner, LLP, 393 Ill. 2021Engle v. Foley & Lardner, LLP, 393 Ill. | 2 | 2 |
People v. Robinsongreen2 sentences2025See 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. | 1 | 3 |
People v. Geilergreen2 sentences2025Geiler, 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 . | 1 | 2 |
People v. Simpsongreen1 sentence2026People v. Simpson, 204 Ill. 2d 536, 551-52 (2001); People v. West, 187 Ill. 2d 418, 425 (1999). | 1 | 1 |
People v. Westgreen1 sentence2026People v. Simpson, 204 Ill. 2d 536, 551-52 (2001); People v. West, 187 Ill. 2d 418, 425 (1999). | 1 | 1 |
French v. Edwardsgreen1 sentence2025See 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)). | 1 | 1 |
People v. Jenningsgreen1 sentence2025See 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)). | 1 | 1 |
People v. Williamsgreen2 sentences2025Rather, 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)). | 1 | 1 |
Douglas v. Alabamagreen1 sentence2024Douglas v. Alabama, 380 U.S. 415, 419-20 (1965). ¶ 37 This presents a problem at joint trials. | 1 | 1 |
United States v. Randy Sanfordgreen1 sentence2021App’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 | 1 | 1 |
Mikrut v. First Bank of Oak Parkgreen1 sentence2009See Mikrut v. First Bank of Oak Park, 359 Ill. | 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. Delvillar
green
2 sentences2016See 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. | 2 | 2016–2016 |
People v. Williams
green
2 sentences2011In 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. | 2 | 2011–2011 |
Holly v. Montes
green
1 sentence2021Id., 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. | 1 | 2021–2021 |
In re M.I.
green
1 sentence2021Id., 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. | 1 | 2021–2021 |
People v. Gacho
green
2 sentences1992You 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. | 1 | 1992–1992 |
People v. Meeker
green
2 sentences1992In People v. Meeker (1980), 86 Ill. 1992(Meeker, 86 Ill. | 1 | 1992–1992 |
Gacho v. Illinois
green
1 sentence1992You 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. | 1 | 1992–1992 |
Taylor v. Bunge Corp.
green
1 sentence1992You 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. | 1 | 1992–1992 |
Danielson v. Mixon
green
2 sentences1992Ed. 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. | 1 | 1992–1992 |
Davis v. Alaska
green
1 sentence1990Ed. 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. | 1 | 1990–1990 |
People v. Smith
green
1 sentence1981App. 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. | 1 | 1981–1981 |
In re the Motion to Admit Mosness to the Bar of this Court
green
1 sentence1912(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. | 1 | 1912–1912 |
In re Day
green
1 sentence1912(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. | 1 | 1912–1912 |
State ex rel. Hovey v. Noble
green
1 sentence1912(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. | 1 | 1912–1912 |
Coal Run Coal Co. v. Jones
green
1 sentence1904It 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 . | 1 | 1904–1904 |
Lindner Co. v. Myrod Shoe Co.
neutral
1 sentence1904It 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 . | 1 | 1904–1904 |
| West Chicago Street Railroad v. Feldstein neutral | 1 | 1902–1902 |
Braun v. Craven
green
1 sentence1902Co. v. Feldstein, 169 Ill. 139 , and Braun v. Craven, 175 Ill. 401 . | 1 | 1902–1902 |
| Carman v. . Beach green | 1 | 1887–1887 |
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.