disjunctive test (Illinois) · Go Syfert
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disjunctive test in Illinois

18 Illinois opinions name it 2 courts 1973–2026 1 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 (4)

CaseFollowedCited
People v. Herrongreen
ill · 2005 · cited in 11 Illinois opinions naming this issue, 2006–2010
2 sentences

2010“This so-called disjunctive test does not offer two divergent interpretations of plain error, but instead two different ways to ensure the same thing — namely, a fair trial.” Herron, 215 Ill. 2d at 179 .

2010"This so-called disjunctive test does not offer two divergent interpretations of plain error, but instead two different ways to ensure the same thing--namely, a fair trial." Herron, 215 Ill. 2d at 179 .

311
People v. Carlsongreen
ill · 1980 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008Herron, 215 Ill. 2d at 177-79 , 830 N.E.2d at 475 ; People v. Carlson, 79 Ill. 2d 564, 576-77 , 404 N.E.2d 233, 238 (1980).

2008Herron, 215 Ill. 2d at 177-79 , 830 N.E.2d at 475 ; People v. Carlson, 79 Ill. 2d 564, 576-77 , 404 N.E.2d 233, 238 (1980).

22
People v. Browngreen
illappct · 2005 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006First, where the evidence in a case is so closely balanced that the jury’s guilty verdict may have resulted from the error and not the evidence, a reviewing court may consider a forfeited error in order to preclude an argument that an innocent person was wrongly convicted. [Citation.] Second, where the error is so serious that the defendant was denied a substantial right, and thus a fair trial, a reviewing court may consider a forfeited error in order to preserve the integrity of the judicial process. [Citations.] This so-called disjunctive test does not offer two divergent interpretations of

2006First, where the evidence in a case is so closely balanced that the jury's guilty verdict may have resulted from the error and not the evidence, a reviewing court may consider a forfeited error in order to preclude an argument that an innocent person was wrongly convicted. [Citation.] Second, where the error is so serious that the defendant was denied a substantial right, and thus a fair trial, a reviewing court may consider a forfeited error in order to preserve the integrity of the judicial process. [Citations.] This so-called disjunctive test does not offer two divergent interpretations of

22
People v. Hudsongreen
ill · 2008 · cited in 1 Illinois opinions naming this issue, 2008–2008
2 sentences

2008People v. Hudson, 228 Ill. 2d 181, 191 , 886 N.E.2d 964, 971 (2008).

2008People v. Hudson, 228 Ill. 2d 181, 191 , 886 N.E.2d 964, 971 (2008).

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 (8)

CaseCitedYears
People v. Doss green
illappct · 2004
2 sentences

2007The defendant argues that we should follow People v. Doss, 347 Ill.

2007The defendant argues that we should follow People v. Doss, 347 Ill.

22007–2007
United States v. Olano green
scotus · 1993
2 sentences

2005The State asks us to abandon the disjunctive test in favor of the four-part federal test outlined in United States v. Olano, 507 U.S. 725 , 123 L.

2005The State asks us to abandon the disjunctive test in favor of the four-part federal test outlined in United States v. Olano, 507 U.S. 725 , 123 L.

22005–2005
United States v. Cotton green
scotus · 2002
2 sentences

2005Ed. 2d at 868 , 122 S. Ct. at 1785 . 1 The State asserts that in People v. Thurow, 203 Ill. 2d 352 (2003), and People v. Crespo, 203 Ill. 2d 335 (2001), this court adopted the federal test, but inexplicably-retreated to the disjunctive test in later cases.

2005Ed. 2d at 868 , 122 S. Ct. at 1785 . (footnote: 1) The State asserts that in People v. Thurow , 203 Ill. 2d 352 (2003), and People v. Crespo , 203 Ill. 2d 335 (2001), this court adopted the federal test, but inexplicably retreated to the disjunctive test in later cases.

22005–2005
People v. Thurow green
ill · 2003
2 sentences

2005Ed. 2d at 868 , 122 S. Ct. at 1785 . 1 The State asserts that in People v. Thurow, 203 Ill. 2d 352 (2003), and People v. Crespo, 203 Ill. 2d 335 (2001), this court adopted the federal test, but inexplicably-retreated to the disjunctive test in later cases.

2005Ed. 2d at 868 , 122 S. Ct. at 1785 . (footnote: 1) The State asserts that in People v. Thurow , 203 Ill. 2d 352 (2003), and People v. Crespo , 203 Ill. 2d 335 (2001), this court adopted the federal test, but inexplicably retreated to the disjunctive test in later cases.

22005–2005
People v. Crespo green
ill · 2003
2 sentences

2005Ed. 2d at 868 , 122 S. Ct. at 1785 . 1 The State asserts that in People v. Thurow, 203 Ill. 2d 352 (2003), and People v. Crespo, 203 Ill. 2d 335 (2001), this court adopted the federal test, but inexplicably-retreated to the disjunctive test in later cases.

2005Ed. 2d at 868 , 122 S. Ct. at 1785 . (footnote: 1) The State asserts that in People v. Thurow , 203 Ill. 2d 352 (2003), and People v. Crespo , 203 Ill. 2d 335 (2001), this court adopted the federal test, but inexplicably retreated to the disjunctive test in later cases.

22005–2005
People v. Allen green
ill · 2006
1 sentence

2026Allen, 222 Ill. 2d at 352 .

12026–2026
Aronson v. Lewis green
del · 1984
1 sentence

2009The Aronson court announced a disjunctive test to be used in determining demand futility: “whether, under the particularized facts alleged, a reasonable doubt is created that: (1) the directors are disinterested and independent [or] (2) the challenged transaction was otherwise the product of a valid exercise of business judgment.” Aron-son, 473 A.2d at 814 .

12009–2009
Goldblatt v. City of Chicago green
illappct · 1961
2 sentences

1973(Goldblatt v. City of Chicago, 30 Ill.App.2d 211, 217 , 174 N.E.2d 222 .) Moreover, the Act initially defines what acts, generally, constitute the practice of optometry (“The practice of optometry is * * *”); thereafter, the Act proscribes certain conduct, if engaged in, as within the broad definitional structure of the practice of optometry.

1973(Goldblatt v. City of Chicago, 30 Ill.App.2d 211, 217 , 174 N.E.2d 222 .) Moreover, the Act initially defines what acts, generally, constitute the practice of optometry (“The practice of optometry is * * *”); thereafter, the Act proscribes certain conduct, if engaged in, as within the broad definitional structure of the practice of optometry.

11973–1973

Statutes the citing opinions construe

IL § 720 ILCS 5/12-13 (3)

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.

Where else courts name it

NC 33 (1986–2025) MO 28 (1980–2024) IL 18 (1973–2026) CA 14 (1896–2024) OH 11 (1994–2025) TX 9 (2001–2011) PA 8 (1983–2025) MA 6 (1994–2024) WA 4 (2015–2015) IN 4 (2011–2025) WI 4 (1981–2000) MD 4 (1993–2015) VA 3 (1983–2017) AK 3 (2009–2013) DC 3 (1991–2005) NJ 3 (1992–2001) NH 3 (1981–2008) MN 2 (1986–1986) FL 2 (2000–2006) NY 2 (1979–2002) CT 2 (2016–2024) AR 2 (2016–2019) OR 2 (2005–2012) NE 2 (1994–2020) AZ 2 (2018–2025)

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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