108 Illinois opinions name it 2 courts 1878–2025 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.
| Case | Followed | Cited |
|---|---|---|
People v. Curtisgreen2 sentences2003People v. Curtis, 262 Ill. 2003People v. Curtis , 262 Ill. | 5 | 7 |
People v. Garvingreen2 sentences2017See Garvin, 219 Ill. 2d at 125 ; Wiggins, 2016 IL App (1st) 153163, ¶¶ 75, 87 . ¶ 90 So we begin with the as-applied challenge. 2017See Garvin, 219 Ill. 2d at 125 ; Wiggins, 2016 IL App (1st) 153163, ¶¶ 75, 87 . ¶ 90 So we begin with the as-applied challenge. | 2 | 2 |
People v. Wigginsgreen2 sentences2017See Garvin, 219 Ill. 2d at 125 ; Wiggins, 2016 IL App (1st) 153163, ¶¶ 75, 87 . ¶ 90 So we begin with the as-applied challenge. 2017See Garvin, 219 Ill. 2d at 125 ; Wiggins, 2016 IL App (1st) 153163, ¶¶ 75, 87 . ¶ 90 So we begin with the as-applied challenge. | 2 | 2 |
Gagnon v. Scarpellired2 sentences2005See Gagnon, 411 U.S. at 786 , 36 L. 2005See Gagnon, 411 U.S. at 786 , 36 L. | 2 | 2 |
Fraider v. Hannahgreen2 sentences1954See discussion in Fraider v. Hannah, 338 Ill. 1951See discussion in Fraider v. Hannah, 338 Ill. | 2 | 2 |
Kedzie and 103rd Currency Exchange, Inc. v. Hodgegreen2 sentences2003By filing a motion to dismiss under section 2-619(a)(9) of the Code of Civil Procedure, the defendants acknowledged that the plaintiffs have a viable tort claim (see Kedzie & 103rd Currency Exchange, Inc. v. Hodge, 156 Ill.2d 112, 115 , 189 Ill.Dec. 31 , 619 N.E.2d 732 (1993)), but they also contended that "other affirmative matter" in the form of a defense under section 2-201 of the Act defeats the claim because their park-planning decisions were discretionary. 2003By filing a motion to dismiss under section 2 — 619(a)(9) of the Code of Civil Procedure, the defendants acknowledged that the plaintiffs have a viable tort claim (see Kedzie & 103rd Currency Exchange, Inc. v. Hodge, 156 Ill. 2d 112, 115 (1993)), but they also contended that “other affirmative matter” in the form of a defense under section 2 — 201 of the Act defeats the claim because their park-planning decisions were discretionary. | 1 | 2 |
Medtronic, Inc. v. Lohrgreen2 sentences1998Medtronic, 518 U.S. at 504-05 , 135 L. 1998Medtronic, 518 U.S. at 504-05 , 135 L. | 1 | 2 |
Hayes v. State Teacher Certification Boardgreen1 sentence2022Hayes v. State Teacher Certification Board, 359 Ill. | 1 | 1 |
People v. Schmidtgreen2 sentences2020Trial courts must use the form of the rule in place at the time of trial (see People v. Schmidt, 392 Ill. 2020App. 3d 689, 710 , 924 N.E.2d 998, 1017 (2009)) and may not deviate in any way from the precise language therein. | 1 | 1 |
| McMillian v. McLanegreen | 1 | 1 |
| Metropolitan Safety Fund Accident Ass'n v. Windovergreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ralston v. Plogger
green
2 sentences1991A trial court has considerable discretion in determining the form of an instruction (Ralston v. Plogger (1985), 132 Ill. 1989“Generally, the trial court has considerable discretion in determining the form in which an instruction shall be given. [Citation.] An instruction is justified if it is supported by some evidence in the record, and the trial court has discretion in deciding which issues have been raised by the evidence.” (Ralston v. Plogger (1985), 132 Ill. | 5 | 1986–1991 |
La Salle National Bank v. City of Chicago
green
2 sentences1992App. 3d 607 , 478 N.E.2d 417 .) While the trial court has considerable discretion in determining the form of the instruction to be given, the instructions given must be supported by some evidence in the record, they must correctly state the law, and they must not overemphasize any particular matter. 1991App. 3d 607 , 478 N.E.2d 417 .) While the trial court has considerable discretion in determining the form of the instruction to be given, the instructions given must be supported by some evidence in the record, they must correctly state the law, and they must not overemphasize any particular matter. | 3 | 1988–1992 |
Molloy v. Chicago Rapid Transit Co.
neutral
2 sentences1945Wolczek v. Public Service Co., 342 Ill. 482 ; Molloy v. Chicago Rapid Transit Co., 335 Ill. 164 .” Defendant’s instruction Ho. 4 and 13 should not have been given. 1944Both instructions should have been refused.” In Molloy v. Chicago Rapid Transit Co., 335 Ill. 164 , the court again criticized an instruction permitting recovery iipon evidence preponderating “although but slightly,” and said (172): “This part of the instruction has also been criticized on many occasions. | 3 | 1938–1945 |
Marshall v. The County of Cook
green
2 sentences2018Defendants reiterate that plaintiffs have an adequate remedy in the form of a claim for restitution. *137 ¶ 46 In Marshall , 2016 IL App (1st) 142864 , ¶ 4, 401 Ill.Dec. 834 , 51 N.E.3d 27 , the plaintiff asserted that he paid statutory filings fees under different provisions of the Clerks of Courts Act-section 27.3a (to establish record keeping systems) and section 27.3c (for document storage systems) ( 705 ILCS 105/27.3a, 27.3c (West 2012))-in addition to a fee under section 5-1103 ( 55 ILCS 5/5-1103 (West 2012) ) (to defray costs of court security), but the county allegedly refused to use t 2018Defendants reiterate that plaintiffs have an adequate remedy in the form of a claim for restitution. *137 ¶ 46 In Marshall , 2016 IL App (1st) 142864 , ¶ 4, 401 Ill.Dec. 834 , 51 N.E.3d 27 , the plaintiff asserted that he paid statutory filings fees under different provisions of the Clerks of Courts Act-section 27.3a (to establish record keeping systems) and section 27.3c (for document storage systems) ( 705 ILCS 105/27.3a, 27.3c (West 2012))-in addition to a fee under section 5-1103 ( 55 ILCS 5/5-1103 (West 2012) ) (to defray costs of court security), but the county allegedly refused to use t | 2 | 2018–2018 |
Malley v. Briggs
green
2 sentences2002Malley, 475 U.S. at 339-46 , 89 L. 2002Malley, 475 U.S. at 339-46 , 89 L. | 2 | 2002–2002 |
People v. Beck
green
2 sentences2000People v. Beck, 295 Ill. 2000People v. Beck , 295 Ill. | 2 | 2000–2000 |
Clark v. Rogers
green
2 sentences1999This form of the doctrine is generally referred to as ‘primary’ assumption of the risk.” Clark, 137 Ill. 1999This form of the doctrine is generally referred to as 'primary' assumption of the risk." Clark , 137 Ill. | 2 | 1999–1999 |
Ramos v. Pankaj
green
2 sentences1992(Ramos v. Pankaj (1990), 203 Ill. 1991(Ramos v. Pankaj (1990), 203 Ill. | 2 | 1991–1992 |
Schmidt v. Blackwell
green
2 sentences1976(Schmidt v. Blackwell (1973), 15 Ill. 1975(Schmidt v. Blackwell, 15 Ill.App.3d 190 .) Moreover, each party is entitled to have the jury instructed on its theory of the case, provided there is evidence in the testimony to support such theory. | 2 | 1975–1976 |
Wolczek v. Public Service Co.
green
2 sentences1945Wolczek v. Public Service Co., 342 Ill. 482 ; Molloy v. Chicago Rapid Transit Co., 335 Ill. 164 .” Defendant’s instruction Ho. 4 and 13 should not have been given. 1938Wolczek v. Public Service Co., 342 Ill. 482 ; Molloy v. Chicago Rapid Transit Co., 335 Ill. 164 . | 2 | 1938–1945 |
Krieger v. Aurora, Elgin & Chicago Railroad
green
2 sentences1937(Krieger v. Aurora, Elgin & Chicago Railroad Co., 242 Ill. 544 ; Laughlin v. Hopkinson, 292 id. 80.) But appellant is in no position to urge the question in this case, for the reason that the same error is found in many instructions given at the request of the defendants below. 1922(Krieger v. Aurora, Elgin and Chicago Railroad Co. 242 Ill. 544 ; Laughlin v. Hopkinson, 292 id. 80.) But appellant is in no position to urge the question in this case, for the reason that the same error is found in many instructions given at the request of the defendants below. | 2 | 1922–1937 |
City of Freeport v. Isbell
green
2 sentences1902(City of Freeport v. Isbell, 83 Ill. 440 ; Chicago, Rock Island and Pacific Railroad Co. v. Austin, 69 id. 426.) * * * The instruction was erroneous in not confining the jury to the evidence in considering their verdict.” To our minds there is no objection whatever to an instruction for the plaintiff in an action at law because it refers to the amount sued for or limits the right of recovery to the amount claimed in the declaration, unless there is something in the instruction which tends to lead the jury to understand that they ought, to or may allow the full amount so claimed, and we can per 1898(City of Freeport v. Isbell, 83 Ill. 440 ; Chicago, Rock Island and Pacific Railroad Co. v. Austin, 69 id. 426.) In the latter case, where an instruction concluded, “the jury should give the plaintiff such damages as they, under their oaths, can say will be a fair compensation for said injury, not exceeding, however, the sum of §10,000, the amount claimed in the plaintiff’s declaration,” this court said: “The law required the jury to determine the liability of the defendant from the evidence, and from that alone, and an instruction which would permit them to enter into an open field of investi | 2 | 1898–1902 |
Waldron v. Marcier
neutral
2 sentences1901Keightlinger v. Egan, 65 Ill. 235 ; Waldron v. Marcier, 82 Ill. 550 ; I. 1889App. 152 , Keightlinger v. Egan, 65 Ill. 238 , and Waldon v. Mercier, 82 Ill. 550 , this form of instruction was condemned and held erroneous, because it was liable to give the jury too much latitude in the assessment of damages. | 2 | 1889–1901 |
Indiana v. Edwards
green
1 sentence2025The issue is whether defendant’s request to waive counsel should have been denied based on his mental infirmities. ¶ 58 In Indiana v. Edwards, 554 U.S. 164 (2008), the United States Supreme Court considered whether there was a “mental-illness-related limitation on the scope” of the right of self- representation. | 1 | 2025–2025 |
People v. Florzak
green
1 sentence2024Neither section 5.2(d)(2) of the Act nor the supreme court’s approved form - 12 - 2024 IL App (2d) 230196 mention affidavits, and the form provides no instruction for appending any additional information other than additional arrests or cases. | 1 | 2024–2024 |
People v. Kelly
green
1 sentence2023Kelly, 2012 IL App (1st) 101521, ¶ 40 . | 1 | 2023–2023 |
People v. Purnell
green
1 sentence2022Purnell, 126 Ill. | 1 | 2022–2022 |
United States v. Branden Pete
green
1 sentence2021But [the defendant] did identify the issues he hoped the neuropsychologist would address—mitigating evidence in the form of an analysis of [the defendant’s] development and maturity since the offenses, as well as the impact incarceration had had on him.” Id. at 1133 . - 32 - 2021 IL App (2d) 180037-U The Ninth Circuit went on to find that the denial of the expert witness funding prejudiced the defendant. | 1 | 2021–2021 |
People v. Moore
green
1 sentence1994App. 3d 747, 773-74 , 557 N.E.2d 537, 555 .) Absent a clear abuse of discretion, a trial court’s determination of the form in which an instruction is given will not be disturbed on review. | 1 | 1994–1994 |
People v. Leaks
green
1 sentence1994People v. Leaks (1989), 179 Ill. | 1 | 1994–1994 |
Friedman v. Park District of Highland Park
green
1 sentence1993(Friedman v. Park District (1986), 151 Ill. | 1 | 1993–1993 |
| Davis v. Marathon Oil Co. green | 1 | 1992–1992 |
| In Re Marriage of Theis neutral | 1 | 1992–1992 |
| Stout v. Phoenix Assurance Co. of London neutral | 1 | 1990–1990 |
| Loitz v. Remington Arms Co. green | 1 | 1990–1990 |
| In Re Marriage of Albiani green | 1 | 1990–1990 |
| Berner v. Kielnik green | 1 | 1988–1988 |
| Newcomm v. Jul green | 1 | 1988–1988 |
| Nelson v. Araiza green | 1 | 1987–1987 |
| Harris v. Day green | 1 | 1986–1986 |
| Agrico Chemical Corp. v. Forreston Fertilizer Co. neutral | 1 | 1985–1985 |
| Burge v. Morton green | 1 | 1985–1985 |
| Bertrang v. State green | 1 | 1984–1984 |
| Hazelwood v. Illinois Central Gulf Railroad green | 1 | 1983–1983 |
| Ostendorf v. Brewer green | 1 | 1983–1983 |
| Nerone v. Boehler green | 1 | 1983–1983 |
| Board of Education of School District No. 150 v. City of Peoria green | 1 | 1980–1980 |
| Sweeney v. Matthews green | 1 | 1979–1979 |
| Mazarredo v. Levine green | 1 | 1978–1978 |
| People v. Marshall green | 1 | 1977–1977 |
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.