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18 Illinois opinions name it 2 courts 1949–2026 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.
| Case | Followed | Cited |
|---|---|---|
People v. Hudsongreen2 sentences2004After the trial court sua sponte raised the reverse- Batson challenge, the trial court questioned defense counsel's decision to excuse Mrs. Gomez by asking, "Counsel, would you kindly articulate a basis of why you are excusing Mrs. Gomez?" Defense counsel's explanations were offered in direct response to the trial court's question. *143 The Illinois Supreme Court in People v. Hudson, 157 Ill.2d 401, 427-28 , 193 Ill.Dec. 128 , 626 N.E.2d 161 (1993), extended the ruling in Hernandez and held that the prima facie issue is rendered moot once the trial court rules on the legitimacy of counsel's ex 2004After the trial court sua sponte raised the reverse- Batson challenge, the trial court questioned defense counsel's decision to excuse Mrs. Gomez by asking, "Counsel, would you kindly articulate a basis of why you are excusing Mrs. Gomez?" Defense counsel's explanations were offered in direct response to the trial court's question. *143 The Illinois Supreme Court in People v. Hudson, 157 Ill.2d 401, 427-28 , 193 Ill.Dec. 128 , 626 N.E.2d 161 (1993), extended the ruling in Hernandez and held that the prima facie issue is rendered moot once the trial court rules on the legitimacy of counsel's ex | 2 | 2 |
Larned v. First Chicago Corp.green2 sentences2001Although we recognize that insurance contracts are typically contracts of adhesion ( Cramer v. Insurance Exchange Agency , 174 Ill. 2d 513, 533 (1996) (Freeman, J., specially concurring): "the mere fact that one party to a contract enjoyed little relative bargaining strength *** cannot alone render a contractual provision unenforceable. [Citation.] Neither will the mere fact that a questioned clause is contained in a form agreement support a finding of unconscionability. [Citation.] An unconscionable bargain is one which no reasonable person would make and which no honest person would accept. 2001Although we recognize that insurance contracts are typically contracts of adhesion (Cramer v. Insurance Exchange Agency, 174 Ill. 2d 513, 533 (1996) (Freeman, J., specially concurring): “The mere fact that one party to a contract enjoyed little relative bargaining strength *** cannot alone render a contractual provision unenforceable. [Citation.] Neither will the mere fact that a questioned clause is contained in a form agreement support a finding of unconscionability. [Citation.] An unconscionable bargain is one which no reasonable person would make and which no honest person would accept. [C | 2 | 2 |
Cramer v. Insurance Exchange Agencygreen2 sentences2001Although we recognize that insurance contracts are typically contracts of adhesion ( Cramer v. Insurance Exchange Agency , 174 Ill. 2d 513, 533 (1996) (Freeman, J., specially concurring): "the mere fact that one party to a contract enjoyed little relative bargaining strength *** cannot alone render a contractual provision unenforceable. [Citation.] Neither will the mere fact that a questioned clause is contained in a form agreement support a finding of unconscionability. [Citation.] An unconscionable bargain is one which no reasonable person would make and which no honest person would accept. 2001Although we recognize that insurance contracts are typically contracts of adhesion (Cramer v. Insurance Exchange Agency, 174 Ill. 2d 513, 533 (1996) (Freeman, J., specially concurring): “The mere fact that one party to a contract enjoyed little relative bargaining strength *** cannot alone render a contractual provision unenforceable. [Citation.] Neither will the mere fact that a questioned clause is contained in a form agreement support a finding of unconscionability. [Citation.] An unconscionable bargain is one which no reasonable person would make and which no honest person would accept. [C | 2 | 2 |
People v. Schnoorgreen1 sentence2026See Schnoor, 2019 IL App (4th) 170571, ¶ 71 . ¶ 70 2. | 1 | 1 |
Smith v. Californiagreen2 sentences1981Cf. Smith v. California (1959), 361 U.S. 147, 165 , 4 L.Ed.2d 205, 218 , 80 S.Ct. 215, 225 (Frankfurter, J., concurring) (community standards of the psychological or the physiological consequences of questioned literature can as a matter of fact hardly be established except through experts). • 3 Within the context of the circumstances of this case as described above, it is our belief the questioned instruction was unnecessary surplusage, served no purpose but to lessen the credibility of the testimony given by the defendant's witnesses, and greatly increased the likelihood that the jurors may 1981Cf. Smith v. California (1959), 361 U.S. 147, 165 , 4 L.Ed.2d 205, 218 , 80 S.Ct. 215, 225 (Frankfurter, J., concurring) (community standards of the psychological or the physiological consequences of questioned literature can as a matter of fact hardly be established except through experts). • 3 Within the context of the circumstances of this case as described above, it is our belief the questioned instruction was unnecessary surplusage, served no purpose but to lessen the credibility of the testimony given by the defendant's witnesses, and greatly increased the likelihood that the jurors may | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Neder v. United States
green
2 sentences2012It is not clear beyond a reasonable doubt that the trier of fact "would have found the defendant guilty absent the error." Neder, 527 U.S. at 18 , 119 S.Ct. 1827 . 2012It is not clear beyond a reasonable doubt that the trier of fact "would have found the defendant guilty absent the error." Neder, 527 U.S. at 18 , 119 S.Ct. 1827 . | 2 | 2012–2012 |
In Re Estate of Tomlinson
neutral
2 sentences1976The appellate court found that there was no evidence in the record which establishes that the decedent intended to give the remainder of her estate to the American Cancer *387 Society, Inc., and held that the bequest failed and the property passed as intestate property. ( 30 Ill. 1976The appellate court found that there was no evidence in the record which establishes that the decedent intended to give the remainder of her estate to the American Cancer Society, Inc., and held that the bequest failed and the property passed as intestate property. ( 30 Ill. | 2 | 1976–1976 |
People v. Krankel
green
1 sentence2020Defendant filed a pro se motion for a hearing pursuant to People v. Krankel, 102 Ill. 2d 181 (1984), arguing his trial counsel was ineffective for various reasons, including that his counsel did not advance a theory of “diminished capacity from voluntary intoxication” as an affirmative defense and counsel did not consider arguing the effect of his bipolar disorder in contributing to his “drug induced mania,” to which defendant’s psychiatrist and therapist could testify. ¶ 39 At the hearing on the Krankel motion, the trial court questioned defense counsel as to why 3 The trial court also found | 1 | 2020–2020 |
Preston v. Kruezer
green
2 sentences1994(Preston, 641 F. Supp. at 1171 .) Neither will the mere fact that a questioned clause is contained in a form agreement support a finding of unconscionability. 1994(Preston, 641 F. Supp. at 1172 .) An unconscionable bargain is one which no reasonable person would make and which no honest person would accept. | 1 | 1994–1994 |
People v. Wolgemuth
neutral
2 sentences1980The third district of this court questioned this rule in People v. Wolgemuth (1976), 43 Ill. 1980App. 3d 335 , 356 N.E.2d 1139 . | 1 | 1980–1980 |
Greim v. Sharpe Motor Lines
neutral
1 sentence1978App. 2d 142 , 242 N.E.2d 282 , we held that a similar treating physician was equally available to both parties and the questioned instruction should not have been given in that case. | 1 | 1978–1978 |
The People v. Urban
green
1 sentence1972This court in People v. Urban, 381 Ill. 64 , also held the giving of the questioned instruction to be error where stolen tools were found in a garage which had been rented to a person other than the defendant. | 1 | 1972–1972 |
The PEOPLE v. Woods
green
1 sentence1972(People v. Pride, 16 Ill. 2d 82, 93 ; People v. Woods, 26 Ill.2d 557 .) Joint possession with another is sufficient to constitute exclusive possession within the meaning of that term as used in the questioned instruction. | 1 | 1972–1972 |
The PEOPLE v. Pride
green
1 sentence1972(People v. Pride, 16 Ill. 2d 82, 93 ; People v. Woods, 26 Ill.2d 557 .) Joint possession with another is sufficient to constitute exclusive possession within the meaning of that term as used in the questioned instruction. | 1 | 1972–1972 |
The People v. Reynolds
green
1 sentence1972(People v. Reynolds, 27 Ill.2d 523 ; People v. Wheeler.) The question of possession being a disputed question of fact and there being sufficient evidence to support the State’s position, the giving of the instruction was not error. | 1 | 1972–1972 |
People v. Maffioli
green
1 sentence1958Cf. People v. Maffioli, 406 Ill. 315 . | 1 | 1958–1958 |
Kavanaugh v. Washburn
neutral
1 sentence1958(Kavanaugh v. Washburn, 320 Ill. | 1 | 1958–1958 |
Duffy v. Cortesi
green
1 sentence1958We do not believe that the giving of the questioned instruction by the court is contrary to the modern trend — the now well judicially established principle as set forth in Duffy v. Cortesi, 2 Ill.2d 511 , pages 515-516, as follows: “The trend of judicial opinion reveals a reluctance to reverse cases on the ground of technical errors in instructions; hence, courts have reiterated that the instructions will be considered as a whole, and. where the jury has not been misled, and the complaining party’s rights have not been prejudiced by minor irregularities, such errors will not be deemed grounds | 1 | 1958–1958 |
The People v. Costello
neutral
1 sentence1949It confines the jury to evidence adduced during the trial, and is similar to a questioned instruction in People v. Costello, 320 Ill. 79 , (at page 107,) the giving of which was approved by this court. | 1 | 1949–1949 |
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.