flawed instruction (Illinois) · Go Syfert
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flawed instruction in Illinois

14 Illinois opinions name it 2 courts 2001–2025 3 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 (6)

CaseFollowedCited
People v. Lewisgreen
ill · 2009 · cited in 2 Illinois opinions naming this issue, 2013–2013
2 sentences

2013People v. Lewis, 234 Ill. 2d 32, 43 (2009).

2013People v. Lewis, 234 Ill. 2d 32, 43 (2009).

22
People v. Shawgreen
ill · 1999 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021See People v. Shaw, 186 Ill. 2d 301, 324 (1998); People v. Autman, 58 Ill. 2d 171, 176-77 (1974).

11
People v. Autmangreen
ill · 1974 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021See People v. Shaw, 186 Ill. 2d 301, 324 (1998); People v. Autman, 58 Ill. 2d 171, 176-77 (1974).

11
People v. Hoppgreen
ill · 2004 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012People v. Durr, 215 Ill. 2d 283, 299 (2005) (quoting People v. Hopp, 209 Ill. 2d 1, 8 (2004)).

11
Williams v. Illinoisred
scotus · 2012 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012As Justice Thomas explained, he “share[d] the dissent’s view of the plurality’s flawed analysis,” viewing the statements in the Cellmark report as hearsay, and stating, “there was no plausible reason for the introduction of Cellmark’s statements other than to establish their truth.” Williams, 567 U.S. at ___ , 132 S. Ct. at 2255-56 (Thomas, J., concurring in the judgment).

11
People v. Durrgreen
ill · 2005 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012People v. Durr, 215 Ill. 2d 283, 299 (2005) (quoting People v. Hopp, 209 Ill. 2d 1, 8 (2004)).

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 (7)

CaseCitedYears
People v. Herron green
ill · 2005
2 sentences

2013Thus, in this context, “[p]lain error arises in two circumstances: (1) when the flawed instruction was provided in a case where the evidence was closely balanced or (2) when the flaw in the instruction is ‘grave’ or so serious that it denied the defendant a substantial right and undermined the integrity of the judicial process.” Id. (citing Herron, 215 Ill. 2d at 178-79 ). ¶ 21 The defendant has the burden of persuasion under both prongs of the plain-error analysis.

2013Thus, in this context, “[p]lain error arises in two circumstances: (1) when the flawed instruction was provided in a case where the evidence was closely balanced or (2) when the flaw in the instruction is ‘grave’ or so serious that it denied the defendant a substantial right and undermined the integrity of the judicial process.” Id. (citing Herron, 215 Ill. 2d at 178-79 ). ¶ 21 The defendant has the burden of persuasion under both prongs of the plain-error analysis.

32013–2013
Palm v. 2800 Lake Shore Drive Condominium Assn'n green
ill · 2013
2 sentences

2016Nevertheless, as plaintiff's argument is largely grounded in what is, at best, a flawed analysis of home rule authority, we choose to address it, as well as its additional arguments, which happen also to have been blended within its challenge to the County's statutory authority. 11 No. 1-14-3694 ¶ 26 "Home rule is based on the assumption that municipalities should be allowed to address problems with solutions tailored to their local needs." Palm v. 2800 Lake Shore Drive Condominium Ass'n, 2013 IL 110505, ¶ 29 .

2016Nevertheless, as plaintiff's argument is largely grounded in what is, at best, a flawed analysis of home rule authority, we choose to address it, as well as its additional arguments, which happen also to have been blended within its challenge to the County's statutory authority. 11 No. 1-14-3694 ¶ 29 "Home rule is based on the assumption that municipalities should be allowed to address problems with solutions tailored to their local needs." Palm v. 2800 Lake Shore Drive Condominium Ass'n, 2013 IL 110505, ¶ 29 .

22016–2016
In Re Salomon Inc. Shareholders' Derivative Litigation green
ca2 · 1995
2 sentences

2011It argues that the South Carolina court in Grant relied on the flawed analysis of In re Salomon Inc. Shareholders’ Derivative Litigation, 68 F.3d 554 (2d Cir. 1995).

2011It argues that the South Carolina court in Grant relied on the flawed analysis of In re Salomon Inc. Shareholders’ Derivative Litigation, 68 F.3d 554 (2d Cir. 1995).

22011–2011
People v. Wright green
ill · 1999
2 sentences

2001In analyzing section 122 — 1(c), Wright observed that it had “more in common with statutes of limitations than with statutes conferring jurisdiction.” Wright, 189 Ill. 2d at 8 .

2001In analyzing section 122--1(c), Wright observed that it had "more in common with statutes of limitations than with statutes conferring jurisdiction." Wright , 189 Ill. 2d at 8 .

22001–2001
People v. Williams green
ill · 2022
1 sentence

2025Under the first prong of plain error, to determine if the evidence was closely balanced, “a reviewing court must evaluate the totality of the evidence and conduct a qualitative, commonsense assessment of it within the context of the case.” (Internal quotation marks omitted.) People v. Williams, 2022 IL 126918, ¶ 34 .

12025–2025
People v. Anderson green
illappct · 2012
1 sentence

2025“An erroneous instruction constitutes a substantial defect, or plain error, when the flawed instruction created a serious risk that the defendant was incorrectly convicted because the jury did not understand the applicable law, so as to threaten the fundamental fairness of defendant’s trial.” People v. Anderson, 2012 IL App (1st) 103288, ¶ 60 .

12025–2025
People v. Johnson green
illappct · 2013
1 sentence

2023Id. ¶ 91 First, the defendant argues that the use of both “conduct” and “offense” in the jury instruction “may have confused the jury.” The defendant does not indicate how the jury may have been confused, and as such, we do not agree with the defendant’s argument.

12023–2023

Where else courts name it

IL 14 (2001–2025) FL 13 (1988–2019) TX 11 (1990–2025) CA 9 (1989–2024) PA 8 (2006–2026) MI 8 (2008–2021) NY 8 (1981–2025) WA 6 (2005–2015) GA 5 (2002–2022) MA 5 (1984–2002) AZ 5 (1990–2022) CT 5 (1996–2018) UT 5 (1991–2024) AR 4 (2000–2025) NJ 4 (1994–2025) NM 4 (2011–2025) MO 4 (2013–2025) VA 4 (2004–2025) IA 4 (2013–2020) KS 3 (2013–2024) SC 2 (2024–2024) WV 2 (1990–2009) OK 2 (2001–2013) MD 2 (2011–2013) AL 2 (2014–2025) MT 2 (2004–2015) CO 2 (2008–2013) OR 2 (1999–2013) GU 2 (2021–2023) IN 2 (2006–2017) NC 2 (2018–2019) HI 2 (2005–2015)

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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