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21 Illinois opinions name it 2 courts 1969–2025 2 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 |
|---|---|---|
The People v. Catalanogreen2 sentences2001See Catalano, 29 Ill. 2d at 202 . 2001See Catalano , 29 Ill. 2d at 202 . | 2 | 3 |
People v. Stachelekgreen2 sentences2025A defendant is not entitled to a withdrawal instruction where he introduces no evidence of his attempt to “neutralize the effect of his prior conduct” (People v. Stachelek, 145 Ill. 1998See People v. Stachelek, 145 Ill. | 2 | 2 |
Knauerhaze v. Nelsongreen2 sentences2017See Knauerhaze v. Nelson, 361 Ill. 2017See Knauerhaze v. Nelson, 361 Ill. | 2 | 2 |
Deephaven Mortgage LLC v. Jonesgreen1 sentence2023See Deephaven Mortgage LLC v. Jones, 2020 IL App (1st) 191468, ¶ 43 (“[W]e can take judicial notice of our circuit court dockets.”). -8- Gomberg Sharfman P.C. v. Kuznar 2023 IL App (1st) 221165-U No. 1-22-1165 ¶ 20 Finally, with respect to the remaining allegations supporting the breach-of-fiduciary-duty counterclaim, Gomberg Sharfman’s motion for summary judgment argued as follows. | 1 | 1 |
People v. Barnardgreen1 sentence2020Although a defendant is entitled to have the jury instructed on her theory of the case where there is even slight evidence to support it (People v. Barnard, 208 Ill. | 1 | 1 |
People v. Bushgreen1 sentence2020To support her argument, defendant cites a phrase from People v. Bush, 157 Ill. 2d 248, 254 (1993), wherein our supreme court stated, “the giving of conflicting instructions, one of which is a correct statement of law and the other an incorrect statement of law, is not harmless error.” In Bush, however, the trial court erroneously instructed the jury with a non-IPI instruction concerning the limited-authority doctrine that misstated the law. | 1 | 1 |
People v. Harigreen1 sentence2020Hari, 218 Ill. 2d at 296 (“This court has held that where there is some evidence to support an affirmative defense instruction, the trial court’s refusal to instruct the jury constitutes an abuse of discretion even if the evidence is conflicting.”) Accordingly defendant’s conviction must be reversed and the cause remanded for a new trial. | 1 | 1 |
People v. Wallacegreen1 sentence2020“The function of jury instructions is to convey to the jury the appropriate principle of law so that it may apply the correct legal principles to the facts and arrive at the proper conclusion according to the law and evidence. [Citation.] It is well established that a defendant is entitled to the benefit of any defense shown by the entire evidence even if the facts on which the defense is based are - 15 - 1-17-0368 inconsistent with defendant’s own testimony and that very slight evidence upon a given theory of the case will justify the giving of an instruction. [Citation.] However, where the e | 1 | 1 |
People v. Tillergreen1 sentence2020See People v. Tiller, 94 Ill. 2d 303, 315 (1982) (withdrawal instruction not warranted where the defendant, who participated in robbery, did not wholly deprive his efforts of effectiveness by merely leaving the store and telling an accomplice not to hurt victim because he did not show any affirmative act which would have deprived his efforts of their effectiveness). ¶ 32 Illinois Pattern Jury Instruction 5.04 entitled “Responsibility For Act Of Another- Withdrawal” tracks the language of section 5-2(c) of the Code and provides as follows: “A person is not legally responsible for the conduct of | 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. Rademacher
green
2 sentences2019People v. Rademacher , 2016 IL App (3d) 130881 , ¶¶ 58-60, 405 Ill.Dec. 719 , 59 N.E.3d 12 . 2019People v. Rademacher , 2016 IL App (3d) 130881 , ¶¶ 58-60, 405 Ill.Dec. 719 , 59 N.E.3d 12 . | 2 | 2019–2019 |
People v. Linder
green
2 sentences2016This position would completely undermine the holding in Linder, where the court held that, when the sentence imposed is within the agreed upon range, “allowing the defendant to seek reconsideration of his sentence without also moving to withdraw his guilty plea unfairly binds the State to the terms of the plea agreement while giving the defendant the opportunity to avoid or modify those terms.” Linder, 186 Ill. 2d at 74 . - 11 - ¶ 60 Moreover, drawing a distinction between improper sentencing and excessive sentencing would completely swallow the withdrawal requirement of Rule 604(d), reducing 2016This position would completely undermine the holding in Linder, where the court held that, when the sentence imposed is within the agreed upon range, “allowing the defendant to seek reconsideration of his sentence without also moving to withdraw his guilty plea unfairly binds the State to the terms of the plea agreement while giving the defendant the opportunity to avoid or modify those terms.” Linder, 186 Ill. 2d at 74 . ¶ 60 Moreover, drawing a distinction between improper sentencing and excessive sentencing would completely swallow the withdrawal requirement of Rule 604(d), reducing that re | 2 | 2016–2016 |
People v. Quiroz
green
2 sentences2002Quiroz, 229 Ill.App.3d at 243 , 170 Ill.Dec. 786 , 593 N.E.2d 675 . 2002Quiroz, 229 Ill.App.3d at 243 , 170 Ill.Dec. 786 , 593 N.E.2d 675 . | 2 | 2002–2002 |
The People v. Rybka
green
2 sentences2002Rybka, 16 Ill.2d at 406-07 , 158 N.E.2d 17 . 2002Rybka, 16 Ill.2d at 406-07 , 158 N.E.2d 17 . | 2 | 2002–2002 |
People v. Trotter
green
1 sentence2025“Testimony that a defendant merely discontinued active participation before the offense was complete, without taking some step to ‘neutralize’ the effect of his conduct, will not entitle a defendant to a withdrawal instruction.” Trotter, 299 Ill. | 1 | 2025–2025 |
Strickland v. Washington
green
1 sentence2020Accordingly, defendant argues that her defense counsel provided ineffective assistance in failing to present a proper version of IPI 5.04, as the addition of the “timely warning” phrase precluded the jury from finding that she withdrew from the conspiracy, which in turn, precluded any chance of acquittal under the defense’s theory of the case. ¶ 28 In response, the State asserts that, even assuming defense counsel erred in not objecting to the particular version of the withdrawal instruction tendered, defendant was not prejudiced as the evidence presented at trial did not support any withdrawa | 1 | 2020–2020 |
Dotson v. Sears, Roebuck & Co.
green
1 sentence1990Dotson, 157 Ill. | 1 | 1990–1990 |
Schmerber v. California
green
2 sentences1982Ed. 2d 908,914 , 86 S. Ct. 1826,1830 .) Since the withdrawal and analysis of blood, even though by means of compulsion, was not testimonial nor did it relate to some communicative act or writing of the defendant, the privilege against self-incrimination was not involved. 384 U.S. 757, 765 , 16 L. 1982Ed. 2d 908,914 , 86 S. Ct. 1826,1830 .) Since the withdrawal and analysis of blood, even though by means of compulsion, was not testimonial nor did it relate to some communicative act or writing of the defendant, the privilege against self-incrimination was not involved. 384 U.S. 757, 765 , 16 L. | 1 | 1982–1982 |
Miranda v. Arizona
green
1 sentence1981Ed. 2d 694 , 86 S. Ct. 1602 .) The withdrawal and analysis of blood does not provide the State with evidence of a testimonial or communicative nature. | 1 | 1981–1981 |
Havill v. Darch
neutral
1 sentence1976(Havill v. Darch, 320 Ill. | 1 | 1976–1976 |
Republic Steel Corp. v. Maddox
green
1 sentence1976(People v. Catalano, 29 Ill. 2d 197 , 193 N.E.2d 797 , cert, denied, 377 U.S. 904 , 12 L. | 1 | 1976–1976 |
Mohawk Liqueur Corp. v. United States
green
1 sentence1976(People v. Catalano, 29 Ill. 2d 197 , 193 N.E.2d 797 , cert, denied, 377 U.S. 904 , 12 L. | 1 | 1976–1976 |
Wainwright v. McDonough
green
1 sentence1969We think the guidelines to be used here on the question of withdrawal of counsel are set forth in Wainwright v. McDonough, 290 Ill App 50, 52, 7 NE2d 915 (1937): “No attorney or solicitor can withdraw his name, after he has once entered it on the record, without leave of the court. . . . | 1 | 1969–1969 |
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.