reversal error in Illinois

2004Lourash, 347 Ill.

2004Lourash , 347 Ill.

2002Strickland, 466 U.S. at 691 , 80 L.

2002Strickland, 466 U.S. at 691 , 80 L.

2023Most recently, in -13- 1-22-0841 People v Urzua, 2023 IL 127789 , our supreme court held that counsel’s certification of compliance created a rebuttable presumption of a reasonable level of assistance, “absent an affirmative showing in the record.” Id. ¶ 54; see also People v. Wallace, 2016 IL App (1st) 142758, ¶ 27 (court found that defendant’s argument that there was no affirmative evidence in the record to establish that postconviction counsel did not seek out and examine all available evidence was “a reversal of the presumption and corresponding burden…” ¶ 38 Here, defendant does not point

1990People v. Cregar (1988), 172 Ill.

1962(Chicago Land Clearance Com. v. Darrow, 12 Ill.2d 365, 369 ; Fairbank v. Stratton, 14 Ill.2d 307, 318 .) Moreover, procedural due process is not a guarantee against erroneous or unjust decisions nor protection against the incorrect construction of statutes or rules of law.

1962(Chicago Land Clearance Com. v. Darrow, 12 Ill.2d 365, 369 ; Fairbank v. Stratton, 14 Ill.2d 307, 318 .) Moreover, procedural due process is not a guarantee against erroneous or unjust decisions nor protection against the incorrect construction of statutes or rules of law.

1959While any such statement would be clearly injudicious, yet an error requires a reversal only if the error has resulted in prejudice (Lindroth v. Walgreen Co., 407 Ill. 121, 136 ), and counsel for the defense, instead of contending that the court was prejudiced against them during the course of the trial, actually advance the contention that the court was so unfair toward plaintiff’s counsel as to cause the jurors to sympathize with plaintiff’s counsel and return a verdict for plaintiff.

1950(DeMarco v. McGill, 402 Ill. 46 ; Challiner v. Smith, 396 Ill. 106 ; Buerger v. Buerger, 317 Ill. 401 .) But, if the evidence in support of such issue, although not sufficient to warrant submitting the issue to the jury, is of a character to appeal to the prejudice, passion or sympathy of the jury, and the evidence to support the other issue, although such that the issue is properly submitted to the jury, is in itself of an inconclusive character, then it is error to submit the first-mentioned issue to the jury, and a decree in favor of the contestant entered upon the verdict of the jury must

1950(DeMarco v. McGill, 402 Ill. 46 ; Challiner v. Smith, 396 Ill. 106 ; Buerger v. Buerger, 317 Ill. 401 .) But, if the evidence in support of such issue, although not sufficient to warrant submitting the issue to the jury, is of a character to appeal to the prejudice, passion or sympathy of the jury, and the evidence to support the other issue, although such that the issue is properly submitted to the jury, is in itself of an inconclusive character, then it is error to submit the first-mentioned issue to the jury, and a decree in favor of the contestant entered upon the verdict of the jury must

1950(DeMarco v. McGill, 402 Ill. 46 ; Challiner v. Smith, 396 Ill. 106 ; Buerger v. Buerger, 317 Ill. 401 .) But, if the evidence in support of such issue, although not sufficient to warrant submitting the issue to the jury, is of a character to appeal to the prejudice, passion or sympathy of the jury, and the evidence to support the other issue, although such that the issue is properly submitted to the jury, is in itself of an inconclusive character, then it is error to submit the first-mentioned issue to the jury, and a decree in favor of the contestant entered upon the verdict of the jury must

1932Brelie v. Klafter, 336 Ill. 175 ; Bolle v. Chicago and Northwestern Railway Co. 324 id. 479; Frank v. Hoskins Co. 323 id. 46; Chicago Title and Trust Co. v. Ward, 319 id. 201.

1930Brennan v. Streator, 256 Ill. 468 ; Petersen v. Elgin A. & S. Traction Co., 238 Ill. 403 ; Chicago City Ry.

1930Brennan v. Streator, 256 Ill. 468 ; Petersen v. Elgin A. & S. Traction Co., 238 Ill. 403 ; Chicago City Ry.

1929(Ambler v. Whipple, 139 Ill. 311 .) Where a reversal is for error, occurring after the entry of the verdict, the reviewing court may direct the entry of a proper judgment on remanding the cause.

1929(People v. Lord, 315 Ill. 603 .) For the reasons aforesaid, we are of the opinion that the judgment of the city court of East St.

1925Smith v. Erittenham, 109 Ill. 540, 552 ; Kuzak v. Anderson, 267 Ill. 609, 612 .

1925Rigdon v. More, 242 Ill. 256 .

1925Smith v. Erittenham, 109 Ill. 540, 552 ; Kuzak v. Anderson, 267 Ill. 609, 612 .

1909In Corwin v. Shoup, 76 Ill. 246 , the lands of minors were sold in a partition proceeding.

1909Chicago City Railway Co. v. Allen, 169 Ill. 287 ; Illinois Central Railroad Co. v. King, 179 id. 91; Citizens’ Ins.

1903(Ammerman v. Teeter, 49 Ill. 400 .) We think there should not be a reversal because of this instruction.

1899(Fuller v. Robb, 26 Ill. 246 .) If he is able to assign any error or has not obtained all that he deems himself entitled to, be may appeal, under the statute, and where a trial is de novo he may appeal to secure a larger judgment or more complete relief.

1892(Coari v. Olsen, 91 Ill. 273 ; Voss v. Venn, 132 id. 14; Ellis v. Ward, 137 id. 509.) There is no clear and palpable error in this regard apparent upon the face of this record.

1884(Whitman v. Fisher, 74 Ill. 147 ; Mulvey v. Gibbons, 87 id. 367.) But this rule has no application where the plaintiff in the judgment or decree, or his attorney, is the purchaser.