correction error in Illinois

2001Keagbine, 77 Ill.

2001Keagbine , 77 Ill.

2005This type of impeachment is clearly impermissible.” Chalmers , 88 Ill. 2d at 539 .

2005This type of impeachment is clearly impermissible.” Chalmers, 88 Ill. 2d at 539 .

1985As the court noted in the Montgomery Ward case, “ ‘Taxation is the rule—tax exemption is the exception.’ ” Montgomery Ward Life Insurance Co. v. Department of Local Government Affairs (1980), 89 Ill.

1982In rejecting plaintiff’s argument that the Department was precluded from taxing the securities, the court stated that the fact that the Department had erroneously included certain nonexempt property as exempt would not preclude a subsequent correction of the error and taxation of the property. 89 Ill.

1982Ed. 2d 232, 242-43 , 95 S. Ct. 1013, 1023 .) The court noted that in a case of a post-verdict ruling of law by a trial judge a correction of error at that stage “would not grant the prosecutor a new trial or subject the defendant to the harassment traditionally associated with multiple prosecutions.” 420 U.S. 332, 352 , 43 L.

1982Ed. 2d 232, 242-43 , 95 S. Ct. 1013, 1023 .) The court noted that in a case of a post-verdict ruling of law by a trial judge a correction of error at that stage “would not grant the prosecutor a new trial or subject the defendant to the harassment traditionally associated with multiple prosecutions.” 420 U.S. 332, 352 , 43 L.

1979App. 3d 168 , 317 N.E.2d 331 .) As such costs are imposed by the clerk of the court as part of his ministerial duties (People v. Nicholls) and are nondiscretionary, we believe that the failure of the trial court to assess these costs will not preclude a subsequent correction of the error.

1973(People v. Fuca (1969), 43 Ill.2d 182 , 251 N.E.2d 239 .) During the hearing in aggravation and mitigation, the trial court referred to the fact that Tolefree was on bond at the time of his offense, but in the sentencing decision he said, “I do have to take into consideration your age * * *, and the fact that you havn’t been convicted of anything other than the $100.00 fine.” Even if we were to ignore the context of the correction of the defense misstatement and were to view the information that defendant was on bond at the time of the commission of the instant crime as having been improperly

1973(People v. Fuca (1969), 43 Ill.2d 182 , 251 N.E.2d 239 .) During the hearing in aggravation and mitigation, the trial court referred to the fact that Tolefree was on bond at the time of his offense, but in the sentencing decision he said, “I do have to take into consideration your age * * *, and the fact that you havn’t been convicted of anything other than the $100.00 fine.” Even if we were to ignore the context of the correction of the defense misstatement and were to view the information that defendant was on bond at the time of the commission of the instant crime as having been improperly

1938As was stated by us in Aetna Life Insurance Co. v. Ward, 140 U. S. 76 : ‘It may be that, if we were to usurp the functions of the jury, and determine the weight to be given to the evidence, we might arrive at a different conclusion.

1934(Ahlenius v. Bunn & Humphreys, Inc. 350 Ill. 46 ).

1929In the Palenske case the court said: “A bill of review affords a means for the correction of error of law apparent on the face of a decree, and where a bill is filed for that purpose the questions open for examination are such questions of law as •arise on the pleadings, proceedings and decree,” citing Ebert v. Gerding, 116 Ill. 216 , and Bruschke v. Der Nord Chicago Schuetzen Verein, 145 Ill. 433 .

1929In the Palenske case the court said: “A bill of review affords a means for the correction of error of law apparent on the face of a decree, and where a bill is filed for that purpose the questions open for examination are such questions of law as •arise on the pleadings, proceedings and decree,” citing Ebert v. Gerding, 116 Ill. 216 , and Bruschke v. Der Nord Chicago Schuetzen Verein, 145 Ill. 433 .

1904Duggan v. Uppendahl, 197 Ill. 179 ; 24 Am. & Eng.