continued validity doctrine (Illinois) · Go Syfert
← Illinois issues

continued validity doctrine in Illinois

16 Illinois opinions name it 2 courts 1994–2021 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 (10)

CaseFollowedCited
People v. Pricegreen
illappct · 2006 · cited in 2 Illinois opinions naming this issue, 2014–2014
2 sentences

2014See People v. Price, 364 Ill.

2014See People v. Price, 364 Ill.

22
People v. Dixongreen
illappct · 2001 · cited in 2 Illinois opinions naming this issue, 2005–2005
2 sentences

2005See People v. Smith, 338 Ill. App. 3d 555 (2003); People v. Dunn, 326 Ill. App. 3d 281 (2001); People v. Jones, 322 Ill. App. 3d 236 (2001); People v. Dixon, 319 Ill. App. 3d 881 (2001); People v. Givens, 319 Ill. App. 3d 910 (2001).

2005See People v. Smith , 338 Ill. App. 3d 555 (2003); People v. Dunn , 326 Ill. App. 3d 281 (2001); People v. Jones , 322 Ill. App. 3d 236 (2001); People v. Dixon , 319 Ill. App. 3d 881 (2001); People v. Givens , 319 Ill. App. 3d 910 (2001).

22
People v. Givensgreen
illappct · 2001 · cited in 2 Illinois opinions naming this issue, 2005–2005
2 sentences

2005See People v. Smith, 338 Ill. App. 3d 555 (2003); People v. Dunn, 326 Ill. App. 3d 281 (2001); People v. Jones, 322 Ill. App. 3d 236 (2001); People v. Dixon, 319 Ill. App. 3d 881 (2001); People v. Givens, 319 Ill. App. 3d 910 (2001).

2005See People v. Smith , 338 Ill. App. 3d 555 (2003); People v. Dunn , 326 Ill. App. 3d 281 (2001); People v. Jones , 322 Ill. App. 3d 236 (2001); People v. Dixon , 319 Ill. App. 3d 881 (2001); People v. Givens , 319 Ill. App. 3d 910 (2001).

22
People v. Dunngreen
illappct · 2001 · cited in 2 Illinois opinions naming this issue, 2005–2005
2 sentences

2005See People v. Smith, 338 Ill. App. 3d 555 (2003); People v. Dunn, 326 Ill. App. 3d 281 (2001); People v. Jones, 322 Ill. App. 3d 236 (2001); People v. Dixon, 319 Ill. App. 3d 881 (2001); People v. Givens, 319 Ill. App. 3d 910 (2001).

2005See People v. Smith , 338 Ill. App. 3d 555 (2003); People v. Dunn , 326 Ill. App. 3d 281 (2001); People v. Jones , 322 Ill. App. 3d 236 (2001); People v. Dixon , 319 Ill. App. 3d 881 (2001); People v. Givens , 319 Ill. App. 3d 910 (2001).

22
People v. Smithgreen
illappct · 2003 · cited in 2 Illinois opinions naming this issue, 2005–2005
2 sentences

2005See People v. Smith, 338 Ill. App. 3d 555 (2003); People v. Dunn, 326 Ill. App. 3d 281 (2001); People v. Jones, 322 Ill. App. 3d 236 (2001); People v. Dixon, 319 Ill. App. 3d 881 (2001); People v. Givens, 319 Ill. App. 3d 910 (2001).

2005See People v. Smith , 338 Ill. App. 3d 555 (2003); People v. Dunn , 326 Ill. App. 3d 281 (2001); People v. Jones , 322 Ill. App. 3d 236 (2001); People v. Dixon , 319 Ill. App. 3d 881 (2001); People v. Givens , 319 Ill. App. 3d 910 (2001).

22
People v. Jonesgreen
illappct · 2001 · cited in 2 Illinois opinions naming this issue, 2005–2005
2 sentences

2005See People v. Smith, 338 Ill. App. 3d 555 (2003); People v. Dunn, 326 Ill. App. 3d 281 (2001); People v. Jones, 322 Ill. App. 3d 236 (2001); People v. Dixon, 319 Ill. App. 3d 881 (2001); People v. Givens, 319 Ill. App. 3d 910 (2001).

2005See People v. Smith , 338 Ill. App. 3d 555 (2003); People v. Dunn , 326 Ill. App. 3d 281 (2001); People v. Jones , 322 Ill. App. 3d 236 (2001); People v. Dixon , 319 Ill. App. 3d 881 (2001); People v. Givens , 319 Ill. App. 3d 910 (2001).

22
City of Chicago v. Romangreen
ill · 1998 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001Assuming, however, that Mitchell created some confusion as to the continued validity of the requirement that a court have inherent power to make or enter the particular order involved, such confusion was dispelled in City of Chicago v. Roman, 184 Ill.2d 504, 510 , 235 Ill.Dec. 468 , 705 N.E.2d 81 (1998), a decision issued 10 months after Mitchell, and one which the majority fails to acknowledge.

2001Assuming, however, that Mitchell created some confusion as to the continued validity of the requirement that a court have inherent power to make or enter the particular order involved, such confusion was dispelled in City of Chicago v. Roman, 184 Ill. 2d 504, 510 (1998), a decision issued 10 months after Mitchell, and one which the majority fails to acknowledge.

22
Schnepf v. Schnepfgreen
illappct · 2013 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Compare Schnepf, 2013 IL App (4th) 121142, ¶ 27 (finding that, where the movant has satisfied the statutory prerequisites for a substitution of judge, the motion must be granted), with Partipilo v. Partipilo, 331 Ill. App. 3d 394, 398 (2002) (“Even when the court has not ruled on a substantial issue, a motion for substitution of judge should be denied if the moving party had an opportunity to test the waters and form an opinion as to the court’s reaction to his or her claim.”); see Colagrossi, 2016 IL App (1st) 142216, ¶ 36 (noting the split of authority).

11
Partipilo v. Partipilogreen
illappct · 2002 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Compare Schnepf, 2013 IL App (4th) 121142, ¶ 27 (finding that, where the movant has satisfied the statutory prerequisites for a substitution of judge, the motion must be granted), with Partipilo v. Partipilo, 331 Ill. App. 3d 394, 398 (2002) (“Even when the court has not ruled on a substantial issue, a motion for substitution of judge should be denied if the moving party had an opportunity to test the waters and form an opinion as to the court’s reaction to his or her claim.”); see Colagrossi, 2016 IL App (1st) 142216, ¶ 36 (noting the split of authority).

11
Colagrossi v. The Royal Bank of Scotlandgreen
illappct · 2016 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Compare Schnepf, 2013 IL App (4th) 121142, ¶ 27 (finding that, where the movant has satisfied the statutory prerequisites for a substitution of judge, the motion must be granted), with Partipilo v. Partipilo, 331 Ill. App. 3d 394, 398 (2002) (“Even when the court has not ruled on a substantial issue, a motion for substitution of judge should be denied if the moving party had an opportunity to test the waters and form an opinion as to the court’s reaction to his or her claim.”); see Colagrossi, 2016 IL App (1st) 142216, ¶ 36 (noting the split of authority).

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
Mt. Zion State Bank & Trust v. Consolidated Communications, Inc. green
illappct · 1994
2 sentences

1995Ward v. K Mart Corp. (1990), 136 Ill.2d 132 , 143 Ill.Dec. 288 , 554 N.E.2d 223 ; but see Mount Zion State Bank & Trust v. Consolidated Communications, Inc. (1994), 267 Ill.App.3d 402 , 204 Ill.Dec. 609 , 641 N.E.2d 1228 (questioned the continued validity of the doctrine of open and obvious).

1995Ward v. K Mart Corp. (1990), 136 Ill.2d 132 , 143 Ill.Dec. 288 , 554 N.E.2d 223 ; but see Mount Zion State Bank & Trust v. Consolidated Communications, Inc. (1994), 267 Ill.App.3d 402 , 204 Ill.Dec. 609 , 641 N.E.2d 1228 (questioned the continued validity of the doctrine of open and obvious).

31994–1995
Hajian v. Holy Family Hospital green
illappct · 1995
2 sentences

2011App.3d 19, 23 , 91 Ill.Dec. 806 , 484 N.E.2d 365 (1985), aff'd on other grounds, 115 Ill.2d 471 , 106 Ill.Dec. 25 , 505 N.E.2d 331 (1987); Alvarado v. Goepp, 278 Ill.App.3d 494, 496-97 , 215 Ill.Dec. 313 , 663 N.E.2d 63 (1996); Hajian v. Holy Family Hospital, 273 Ill.App.3d 932, 942-43 , 210 Ill.Dec. 156 , 652 N.E.2d 1132 (1995). ¶ 47 We need not determine the continued validity of the rule of necessity described above because the testimony regarding Eskew's careful habits was admitted without objection.

2011App. 3d 932, 942-43 , 652 N.E.2d 1132 (1995). ¶ 47 We need not determine the continued validity of the rule of necessity described above because the testimony regarding Eskew’s careful habits was admitted without objection.

22011–2011
People v. Eghan green
illappct · 2003
2 sentences

2006Moreover, in People v. Eghan, 344 Ill. App. 3d 301, 308 , 799 N.E.2d 1026 (2003), the court questioned the continued validity of the analysis in Benjamin Jones, in light of the supreme court’s holding in Adams that a defendant need not control the premises in order to have constructive possession of the drugs.

2006Moreover, in People v. Eghan, 344 Ill. App. 3d 301, 308 , 799 N.E.2d 1026 (2003), the court questioned the continued validity of the analysis in Benjamin Jones, in light of the supreme court’s holding in Adams that a defendant need not control the premises in order to have constructive possession of the drugs.

22006–2006
Franz v. Edgar green
illappct · 1985
2 sentences

2005Sutton observed that the administrative rule had been previously invalidated in Franz v. Edgar , 133 Ill.

2005Sutton observed that the administrative rule had been previously invalidated in Franz v. Edgar, 133 Ill.

22005–2005
Ward v. K Mart Corp. green
ill · 1990
2 sentences

1995Ward v. K Mart Corp. (1990), 136 Ill.2d 132 , 143 Ill.Dec. 288 , 554 N.E.2d 223 ; but see Mount Zion State Bank & Trust v. Consolidated Communications, Inc. (1994), 267 Ill.App.3d 402 , 204 Ill.Dec. 609 , 641 N.E.2d 1228 (questioned the continued validity of the doctrine of open and obvious).

1995Ward v. K Mart Corp. (1990), 136 Ill.2d 132 , 143 Ill.Dec. 288 , 554 N.E.2d 223 ; but see Mount Zion State Bank & Trust v. Consolidated Communications, Inc. (1994), 267 Ill.App.3d 402 , 204 Ill.Dec. 609 , 641 N.E.2d 1228 (questioned the continued validity of the doctrine of open and obvious).

21995–1995
Bradfield v. Illinois Central Gulf Railroad green
ill · 1987
2 sentences

2011App.3d 19, 23 , 91 Ill.Dec. 806 , 484 N.E.2d 365 (1985), aff'd on other grounds, 115 Ill.2d 471 , 106 Ill.Dec. 25 , 505 N.E.2d 331 (1987); Alvarado v. Goepp, 278 Ill.App.3d 494, 496-97 , 215 Ill.Dec. 313 , 663 N.E.2d 63 (1996); Hajian v. Holy Family Hospital, 273 Ill.App.3d 932, 942-43 , 210 Ill.Dec. 156 , 652 N.E.2d 1132 (1995). ¶ 47 We need not determine the continued validity of the rule of necessity described above because the testimony regarding Eskew's careful habits was admitted without objection.

2011App.3d 19, 23 , 91 Ill.Dec. 806 , 484 N.E.2d 365 (1985), aff'd on other grounds, 115 Ill.2d 471 , 106 Ill.Dec. 25 , 505 N.E.2d 331 (1987); Alvarado v. Goepp, 278 Ill.App.3d 494, 496-97 , 215 Ill.Dec. 313 , 663 N.E.2d 63 (1996); Hajian v. Holy Family Hospital, 273 Ill.App.3d 932, 942-43 , 210 Ill.Dec. 156 , 652 N.E.2d 1132 (1995). ¶ 47 We need not determine the continued validity of the rule of necessity described above because the testimony regarding Eskew's careful habits was admitted without objection.

12011–2011
Alvarado v. Goepp green
illappct · 1996
2 sentences

2011App.3d 19, 23 , 91 Ill.Dec. 806 , 484 N.E.2d 365 (1985), aff'd on other grounds, 115 Ill.2d 471 , 106 Ill.Dec. 25 , 505 N.E.2d 331 (1987); Alvarado v. Goepp, 278 Ill.App.3d 494, 496-97 , 215 Ill.Dec. 313 , 663 N.E.2d 63 (1996); Hajian v. Holy Family Hospital, 273 Ill.App.3d 932, 942-43 , 210 Ill.Dec. 156 , 652 N.E.2d 1132 (1995). ¶ 47 We need not determine the continued validity of the rule of necessity described above because the testimony regarding Eskew's careful habits was admitted without objection.

2011App.3d 19, 23 , 91 Ill.Dec. 806 , 484 N.E.2d 365 (1985), aff'd on other grounds, 115 Ill.2d 471 , 106 Ill.Dec. 25 , 505 N.E.2d 331 (1987); Alvarado v. Goepp, 278 Ill.App.3d 494, 496-97 , 215 Ill.Dec. 313 , 663 N.E.2d 63 (1996); Hajian v. Holy Family Hospital, 273 Ill.App.3d 932, 942-43 , 210 Ill.Dec. 156 , 652 N.E.2d 1132 (1995). ¶ 47 We need not determine the continued validity of the rule of necessity described above because the testimony regarding Eskew's careful habits was admitted without objection.

12011–2011
Bradfield v. Illinois Central Gulf Railroad green
illappct · 1985
2 sentences

2011App.3d 19, 23 , 91 Ill.Dec. 806 , 484 N.E.2d 365 (1985), aff'd on other grounds, 115 Ill.2d 471 , 106 Ill.Dec. 25 , 505 N.E.2d 331 (1987); Alvarado v. Goepp, 278 Ill.App.3d 494, 496-97 , 215 Ill.Dec. 313 , 663 N.E.2d 63 (1996); Hajian v. Holy Family Hospital, 273 Ill.App.3d 932, 942-43 , 210 Ill.Dec. 156 , 652 N.E.2d 1132 (1995). ¶ 47 We need not determine the continued validity of the rule of necessity described above because the testimony regarding Eskew's careful habits was admitted without objection.

2011App.3d 19, 23 , 91 Ill.Dec. 806 , 484 N.E.2d 365 (1985), aff'd on other grounds, 115 Ill.2d 471 , 106 Ill.Dec. 25 , 505 N.E.2d 331 (1987); Alvarado v. Goepp, 278 Ill.App.3d 494, 496-97 , 215 Ill.Dec. 313 , 663 N.E.2d 63 (1996); Hajian v. Holy Family Hospital, 273 Ill.App.3d 932, 942-43 , 210 Ill.Dec. 156 , 652 N.E.2d 1132 (1995). ¶ 47 We need not determine the continued validity of the rule of necessity described above because the testimony regarding Eskew's careful habits was admitted without objection.

12011–2011

Statutes the citing opinions construe

IL § 720 ILCS 570/401 (4) IL § 720 ILCS 570/407 (4)

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

IL 16 (1994–2021) PA 10 (1974–2024) CA 6 (1971–2020) NJ 3 (1986–1995) AZ 3 (1984–2024) TX 3 (1939–2015) MI 3 (2017–2020) IA 3 (2007–2018) NY 3 (1935–1994) SC 3 (1985–2018) NM 2 (1981–2004) CT 2 (2003–2017) DC 2 (1978–1979) MO 2 (1974–1990) CO 2 (1986–2013) WA 2 (1987–1991)

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.

← Caselaw search · G Cite Topics · Brief Check