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

14 Illinois opinions name it 2 courts 1913–2024 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 (3)

CaseFollowedCited
In Re Marriage of Draggreen
illappct · 2002 · cited in 2 Illinois opinions naming this issue, 2018–2019
2 sentences

2019See also Drag, 326 Ill.

2018See also Drag , 326 Ill.

22
People v. Lathongreen
illappct · 2000 · cited in 1 Illinois opinions naming this issue, 2002–2002
1 sentence

2002See Lathon, 317 Ill.

11
California v. Browngreen
scotus · 1987 · cited in 1 Illinois opinions naming this issue, 1987–1987
2 sentences

1987Ed. 2d 934, 938 , 107 S. Ct. 837, 838 , the court upheld an instruction which cautioned the sentencing jurors that they “ ‘must not be swayed by mere sentiment, conjecture, sympathy, passion, prejudice, public opinion or public feeling’ ***.” The court concluded that this instruction was useful in insuring that the death penalty, if imposed, is based on the facts of the crime and the character of the defendant rather than on “extraneous emotional factors.” ( 479 U.S. 538 , _, 93 L.

1987Ed. 2d 934, 938 , 107 S. Ct. 837, 838 , the court upheld an instruction which cautioned the sentencing jurors that they “ ‘must not be swayed by mere sentiment, conjecture, sympathy, passion, prejudice, public opinion or public feeling’ ***.” The court concluded that this instruction was useful in insuring that the death penalty, if imposed, is based on the facts of the crime and the character of the defendant rather than on “extraneous emotional factors.” ( 479 U.S. 538 , _, 93 L.

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 (12)

CaseCitedYears
People v. Stewart green
ill · 1984
2 sentences

1989In People v. Stewart (1984), 104 Ill. 2d 463, 493-94 , this court upheld an instruction to a sentencing jury that “neither sympathy nor prejudice should influence you” in determining whether the death penalty is to be imposed.

1986In People v. Stewart (1984), 104 Ill. 2d 463, 493-94 , this court upheld an instruction to a sentencing jury that “neither sympathy nor prejudice should influence you” in determining whether the death penalty is proper.

21986–1989
Lewis v. Cotton Belt Route-St. Louis Southwestern Railway Co. green
illappct · 1991
1 sentence

2024Id. at 112 . ¶ 27 So we do not agree that the controlling law favors more, not less, specificity in issues instructions.

12024–2024
Harris v. Walker green
ill · 1988
1 sentence

2024The Agreement reads, in relevant part, “Home Advantage Inspections assumes no liability and shall not be liable for any mistakes, omissions, or errors in judgment of its 20 No. 1-23-0847 employees, or subcontractors, beyond the cost of the inspection report.” In Zerjal, this court upheld a clause functionally indistinguishable from the one here, explaining that such clauses, whether described as exculpatory clauses or liquidated damages clauses, “are enforceable unless (1) enforcement would be against a settled public policy of the state” or “(2) something in the social relationship of the par

12024–2024
People v. Johnson green
ill · 1987
1 sentence

2023Johnson, 119 Ill. 2d at 131-32 .

12023–2023
In Re Marriage of Burgess green
illappct · 1985
2 sentences

2018App. 3d 13 , 15-16, 92 Ill.Dec. 693 , 485 N.E.2d 504 (1985), the court upheld the waiver of maintenance provision in the parties' premarital agreement where the wife had a net worth of over $400,000 before marriage, her husband did not receive any of her premarital assets, she had yearly investment income of over $38,000, and she had sufficient funds to furnish her new household.

2018App. 3d 13 , 15-16, 92 Ill.Dec. 693 , 485 N.E.2d 504 (1985), the court upheld the waiver of maintenance provision in the parties' premarital agreement where the wife had a net worth of over $400,000 before marriage, her husband did not receive any of her premarital assets, she had yearly investment income of over $38,000, and she had sufficient funds to furnish her new household.

12018–2018
People v. Olinger green
ill · 1986
1 sentence

1989The proposition that sympathy is not a factor to be considéred in a death penalty hearing was restated in People v. Olinger (1986), 112 Ill. 2d 324, 351 .

11989–1989
Gallee v. Sears, Roebuck & Co. green
illappct · 1978
2 sentences

1982There, the court upheld an instruction which read that the plaintiff claimed "he was using [a] ladder in a manner usual and customary and in a manner which was reasonably forseeable by the defendants." ( 58 Ill.

1982There, the court upheld an instruction which read that the plaintiff claimed “he was using [a] ladder in a manner usual and customary and in a manner which was reasonably forseeable by the defendants.” ( 58 Ill.

11982–1982
People Ex Rel. Spiegel v. Lyons green
ill · 1953
1 sentence

1971Spiegel v. Lyons, 1 Ill.2d 409 , the court upheld a rule of the Department of Revenue which exempted from the retailers’ occupation tax seeds sold for the purpose of growing products for sale.

11971–1971
Sorrells v. United States green
scotus · 1932
2 sentences

1964(Sorrels v. United States, 287 US 435 , 77 L Ed 413 .) The question then is whether the defendant was induced to perform an unlawful act or whether he was apprehended by lawful artifice in the execution of a criminal act of his own conception.” In that case the court upheld the defense of entrapment since a special employee of the government had supplied him with the narcotics 45 minutes before he delivered them to a man brought to his room by the same employee.

1964(Sorrels v. United States, 287 US 435 , 77 L Ed 413 .) The question then is whether the defendant was induced to perform an unlawful act or whether he was apprehended by lawful artifice in the execution of a criminal act of his own conception.” In that case the court upheld the defense of entrapment since a special employee of the government had supplied him with the narcotics 45 minutes before he delivered them to a man brought to his room by the same employee.

11964–1964
Wallace v. Malooley green
ill · 1954
1 sentence

1956Lathrop v. Bampton, 31 Cal. 23 .” This case was cited in Wallace v. Malooly, 4 Ill.2d 86 , where the court said (p. 98), “It is a well settled principle in equity that where a trustee commits a breach of trust and becomes liable to his cestui que trust, the latter has the option of following the property into the hands of the purchaser if he takes it with notice, or to recover the amount he has been injured.

11956–1956
McPherson v. Village of Chebanse neutral
ill · 1885
1 sentence

1913Co. 126 Ill. 276 , Wice v. Chicago and Northwestern Railway Co. 193 id. 351 , City of Chicago v. Gunning System, 214 id. 628, City of Chicago v. Bowman Dairy Co. 234 id. 294, and Ritchie & Co. v. Wayman, 244 id. 509, this court upheld the rule laid down in McPherson v. Village of Chebanse, supra, that an ordinance of a municipality prohibiting persons from keeping open places of business on Sunday was a proper exercise of the police power, and quoted that decision on this question with approval.

11913–1913
City of Chicago v. Phoenix Insurance neutral
ill · 1888
2 sentences

1913Co. 126 Ill. 276 , Wice v. Chicago and Northwestern Railway Co. 193 id. 351 , City of Chicago v. Gunning System, 214 id. 628, City of Chicago v. Bowman Dairy Co. 234 id. 294, and Ritchie & Co. v. Wayman, 244 id. 509, this court upheld the rule laid down in McPherson v. Village of Chebanse, supra, that an ordinance of a municipality prohibiting persons from keeping open places of business on Sunday was a proper exercise of the police power, and quoted that decision on this question with approval.

1913Co. 126 Ill. 276 , Wice v. Chicago and Northwestern Railway Co. 193 id. 351 , City of Chicago v. Gunning System, 214 id. 628, City of Chicago v. Bowman Dairy Co. 234 id. 294, and Ritchie & Co. v. Wayman, 244 id. 509, this court upheld the rule laid down in McPherson v. Village of Chebanse, supra, that an ordinance of a municipality prohibiting persons from keeping open places of business on Sunday was a proper exercise of the police power, and quoted that decision on this question with approval.

11913–1913

Where else courts name it

CA 35 (1904–2024) WA 18 (1924–2014) TX 17 (1889–2017) MD 15 (1978–2026) IL 14 (1913–2024) NY 12 (1939–2017) LA 12 (1974–2013) MI 12 (1930–2020) MO 10 (1921–2018) NJ 9 (1965–2021) TN 9 (1998–2023) CT 7 (1977–2026) WI 7 (1979–2013) OK 7 (1916–1988) PA 7 (1944–2025) OH 6 (1973–2020) SD 6 (1927–2011) IN 5 (1961–1998) ID 5 (1971–2016) NM 5 (1981–2012) KY 5 (1912–2021) MT 5 (1972–2013) AR 5 (1989–2005) MS 5 (1961–2000) GA 5 (1902–2024) NC 4 (1949–1999) OR 4 (1970–2025) KS 4 (1936–2004) FL 4 (1974–1992) VT 3 (1990–2011) IA 3 (1943–1985) HI 3 (1927–2003) AL 3 (1931–1988) ND 3 (1919–2009) WV 3 (1911–2020) MA 3 (1990–2002) VA 2 (1952–2009) AZ 2 (1989–1999) DE 2 (2010–2015) UT 2 (1993–2020) NV 2 (1965–1991) MN 2 (1991–2016)

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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