burden to prove immunity (Illinois) · Go Syfert
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burden to prove immunity in Illinois

14 Illinois opinions name it 1 courts 1981–2024 4 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 (2)

CaseFollowedCited
Buckley v. Fitzsimmonsgreen
scotus · 1993 · cited in 3 Illinois opinions naming this issue, 2006–2021
2 sentences

2021Buckley v. Fitzsimmons, 509 U.S. 259, 269 (1993). ¶ 30 The defendant’s office prosecuted the plaintiff in his murder trial.

2006Buckley v. Fitzsimmons, 509 U.S. 259, 269 , 125 L.

13
People v. Everettegreen
ill · 1991 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020Id. § 7-14; People v. Everette, 141 Ill. 2d 147, 157 (1990). ¶ 13 Defendant’s testimony established that defense counsel did not advise her of a defense of property defense before she entered her guilty plea.

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 (10)

CaseCitedYears
People v. Patterson green
ill · 2005
2 sentences

2024Id. ¶ 47 Applying the foregoing tests in this case, we cannot say the trial court’s error was harmless beyond a reasonable doubt.

2024Id. ¶ 46 Applying the foregoing tests in this case, we cannot say the trial court’s error was harmless beyond a reasonable doubt.

22024–2024
People v. Strader green
illappct · 1996
2 sentences

2020Strader, 278 Ill.

2020Strader, 278 Ill.

22020–2020
White v. City of Chicago green
illappct · 2006
2 sentences

2016White, 369 Ill.

2016White, 369 Ill.

22016–2016
People v. Lozano green
illappct · 2022
1 sentence

2022Since the issue was not forfeited, the State has the burden to prove the error harmless beyond a reasonable doubt, which it did not argue. ¶ 128 For the foregoing reasons, I must respectfully dissent. - 43 - No. 1-18-2170 No. 1-18-2170 Cite as: People v. Lozano, 2022 IL App (1st) 182170 Decision Under Review: Appeal from the Circuit Court of Cook County, No. 18-CR- 3154; the Hon.

12022–2022
People v. Hall green
ill · 2005
1 sentence

2020Id. § 7-14; People v. Everette, 141 Ill. 2d 147, 157 (1990). ¶ 13 Defendant’s testimony established that defense counsel did not advise her of a defense of property defense before she entered her guilty plea.

12020–2020
People v. Reed green
illappct · 2016
1 sentence

2020People v. Reed, 2016 IL App (1st) 140498 , ¶ 7.

12020–2020
In re: Estate of Bozarth green
illappct · 2014
1 sentence

2020In re Estate of Bozarth, 2014 IL App (4th) 130309, ¶ 30 .

12020–2020
Insurance Co. of North America v. Knight green
illappct · 1972
1 sentence

1981App. 3d 467 , 299 N.E.2d 413 ; Insurance Co. of North America v. Knight (1972), 8 Ill.

11981–1981
Slavis v. Slavis green
illappct · 1973
2 sentences

1981App. 160 , 76 N.E.2d 808 (abstract).) The burden to prove waiver is on the party pleading it (Slavis v. Slavis (1973), 12 Ill.

1981App. 3d 467 , 299 N.E.2d 413 ; Insurance Co. of North America v. Knight (1972), 8 Ill.

11981–1981
Rehr v. West neutral
illappct · 1948
1 sentence

1981App. 160 , 76 N.E.2d 808 (abstract).) The burden to prove waiver is on the party pleading it (Slavis v. Slavis (1973), 12 Ill.

11981–1981

Statutes the citing opinions construe

USC § 42u.s.c.1983 (5) IL § 735 ILCS 5/2-619 (4) IL § 705 ILCS 505/8 (3) IL § 720 ILCS 5/19-1 (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

TX 169 (1989–2026) MO 23 (1979–2025) PA 18 (1976–2026) IL 14 (1981–2024) FL 14 (1997–2025) WA 14 (2005–2022) IA 13 (1944–2024) CA 13 (1998–2026) NE 12 (1976–2023) IN 11 (1980–2024) OH 11 (2001–2022) AR 10 (1988–2021) ND 9 (2013–2024) KS 8 (1995–2022) WI 8 (1987–2023) MI 8 (1975–2024) AZ 6 (1996–2023) KY 5 (2002–2023) WY 4 (1952–2023) CT 4 (1991–2021) NM 4 (2006–2024) UT 3 (2024–2026) MN 3 (2013–2018) DE 2 (2024–2024) VA 2 (2012–2024) MS 2 (2015–2016) TN 2 (2013–2017) MD 2 (2015–2026) HI 2 (1995–1996) DC 2 (1998–1999) SC 2 (2020–2020) CO 2 (2010–2026)

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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