prosecutor to accuse defense (Illinois) · Go Syfert
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prosecutor to accuse defense in Illinois

19 Illinois opinions name it 2 courts 1989–2025 6 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 (9)

CaseFollowedCited
People v. Johnsongreen
ill · 2004 · cited in 12 Illinois opinions naming this issue, 2007–2025
2 sentences

2025However, “[u]nless predicated on evidence that defense counsel behaved unethically, it is improper for a prosecutor to accuse defense counsel of attempting to create reasonable doubt by confusion, misrepresentation, or deception.” People v. Johnson, 208 Ill. 2d 53, 82 (2003). ¶ 32 Defendant argues that the prosecutor improperly compared defense counsel to a distracting magician.

2022See People v. Johnson, 208 Ill. 2d 53, 82 (2003) (stating it is improper for the prosecutor to accuse defense counsel of attempting to create reasonable doubt by confusion, misrepresentation, or deception).

812
People v. Kiddgreen
ill · 1992 · cited in 3 Illinois opinions naming this issue, 2004–2021
2 sentences

2021Defendant analogizes this case to several others that were reversed for a new trial: People v. Kidd, 147 Ill. 2d 510, 541 (1992) (prosecutor stated that the defense strategy was to create as many side issues and confusion as possible to divert the jury from the real facts and the real issues); People v. Polenik, 407 Ill. 337, 348-49 (1950) (prosecutor made repeated references to criminal lawyers in a manner calculated to arouse general prejudices, such as saying that defense lawyers “concoct these defenses”); People v. Monroe, 66 Ill. 2d 317, 324 (1997) (prosecutor’s accusation of fraud by def

2004See People v. Kirchner, 194 Ill. 2d 502, 551 (2000); People v. Kidd, 147 Ill. 2d 510, 541-42 (1992); see also People v. Abadia, 328 Ill.

33
People v. Abadiagreen
illappct · 2001 · cited in 4 Illinois opinions naming this issue, 2004–2007
2 sentences

2007However, “a prosecutor may comment on the persuasiveness of the defense theory of the case as well as any supporting evidence and reasonable inferences drawn therefrom.” People v. Abadia, 328 Ill.

2007However, “a prosecutor may comment on the persuasiveness of the defense theory of the case as well as any supporting evidence and reasonable inferences drawn therefrom.” People v. Abadia, 328 Ill.

24
People v. Gonzalezgreen
illappct · 2008 · cited in 2 Illinois opinions naming this issue, 2019–2019
2 sentences

2019It is also improper to accuse defense counsel of “attempting to create reasonable doubt by confusion, misrepresentation, or deception.” People v. Gonzalez, 388 Ill.

2019It is also improper to accuse defense counsel of “attempting to create reasonable doubt by confusion, misrepresentation, or deception.” People v. Gonzalez, 388 Ill.

22
People v. Kirchnergreen
ill · 2000 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004See People v. Kirchner , 194 Ill. 2d 502, 551 (2000); People v. Kidd , 147 Ill. 2d 510, 541-42 (1992); see also People v. Abadia , 328 Ill.

2004See People v. Kirchner, 194 Ill. 2d 502, 551 (2000); People v. Kidd, 147 Ill. 2d 510, 541-42 (1992); see also People v. Abadia, 328 Ill.

22
People v. Emersongreen
ill · 1983 · cited in 2 Illinois opinions naming this issue, 1989–2025
2 sentences

2025See People v. Emerson, 97 Ill. 2d 487 , 498 14 (1983) (it is improper for a prosecutor to accuse defense counsel of trying to “dirty up the victim” (internal quotation marks omitted)). ¶ 26 Second, defendant alleges that the prosecutor made improper emotional appeals and attempts to bolster the credibility of testifying officers by repeatedly invoking Stapleton’s “hero” status as a reason for the jury to find his testimony credible and find defendant guilty.

1989Defendant argues, correctly, that it is error for a prosecutor to accuse defense counsel of attempting to create confusion (see People v. Weathers (1975), 62 Ill. 2d 114, 120 ), or of fabricating a defense (see People v. Emerson (1983), 97 Ill. 2d 487, 498-99 ).

12
People v. Leegreen
illappct · 1984 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Defendant analogizes this case to several others that were reversed for a new trial: People v. Kidd, 147 Ill. 2d 510, 541 (1992) (prosecutor stated that the defense strategy was to create as many side issues and confusion as possible to divert the jury from the real facts and the real issues); People v. Polenik, 407 Ill. 337, 348-49 (1950) (prosecutor made repeated references to criminal lawyers in a manner calculated to arouse general prejudices, such as saying that defense lawyers “concoct these defenses”); People v. Monroe, 66 Ill. 2d 317, 324 (1997) (prosecutor’s accusation of fraud by def

11
People v. Polenikgreen
ill · 1950 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Defendant analogizes this case to several others that were reversed for a new trial: People v. Kidd, 147 Ill. 2d 510, 541 (1992) (prosecutor stated that the defense strategy was to create as many side issues and confusion as possible to divert the jury from the real facts and the real issues); People v. Polenik, 407 Ill. 337, 348-49 (1950) (prosecutor made repeated references to criminal lawyers in a manner calculated to arouse general prejudices, such as saying that defense lawyers “concoct these defenses”); People v. Monroe, 66 Ill. 2d 317, 324 (1997) (prosecutor’s accusation of fraud by def

11
People v. Monroegreen
ill · 1977 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Defendant analogizes this case to several others that were reversed for a new trial: People v. Kidd, 147 Ill. 2d 510, 541 (1992) (prosecutor stated that the defense strategy was to create as many side issues and confusion as possible to divert the jury from the real facts and the real issues); People v. Polenik, 407 Ill. 337, 348-49 (1950) (prosecutor made repeated references to criminal lawyers in a manner calculated to arouse general prejudices, such as saying that defense lawyers “concoct these defenses”); People v. Monroe, 66 Ill. 2d 317, 324 (1997) (prosecutor’s accusation of fraud by def

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 (2)

CaseCitedYears
People v. Harris green
ill · 1989
2 sentences

1992(People v. Harris (1989), 129 Ill. 2d 123, 160 , 544 N.E.2d 357 .) However, a prosecutor is entitled to comment on the evidence, draw inferences therefrom, and comment on the accused’s credibility.

1992(People v. Harris (1989), 129 Ill. 2d 123, 160 , 544 N.E.2d 357 .) However, a prosecutor is entitled to comment on the evidence, draw inferences therefrom, and comment on the accused’s credibility.

11992–1992
People v. Weathers green
ill · 1975
2 sentences

1989Defendant argues, correctly, that it is error for a prosecutor to accuse defense counsel of attempting to create confusion (see People v. Weathers (1975), 62 Ill. 2d 114, 120 ), or of fabricating a defense (see People v. Emerson (1983), 97 Ill. 2d 487, 498-99 ).

1989Defendant argues, correctly, that it is error for a prosecutor to accuse defense counsel of attempting to create confusion (see People v. Weathers (1975), 62 Ill.2d 114, 120 ), or of fabricating a defense (see People v. Emerson (1983), 97 Ill.2d 487, 498-99 ).

11989–1989

Where else courts name it

CA 22 (2000–2025) IL 19 (1989–2025) TX 2 (2002–2002)

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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