defendant cannot claim (Illinois) · Go Syfert
← Illinois issues

defendant cannot claim in Illinois

96 Illinois opinions name it 2 courts 1941–2026 21 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 (34)

CaseFollowedCited
People v. Pingeltongreen
ill · 2022 · cited in 6 Illinois opinions naming this issue, 2023–2026
2 sentences

2026“Appellate counsel is not obligated to brief and argue every conceivable issue on appeal, and a defendant cannot claim prejudice based on appellate counsel’s failure to raise an issue that is not meritorious.” People v. Pingelton, 2022 IL 127680, ¶ 64 . ¶ 52 Defendant does not argue that the trial court failed to issue admonishments at the appropriate time or omitted any relevant admonishments.

2025See, e.g., People v. Pingelton, 2022 IL 127680, ¶ 64 (“Appellate counsel is not obligated to brief and argue every conceivable issue on appeal, and a defendant cannot claim prejudice based on appellate counsel’s failure to raise an issue that is not meritorious.”). ¶ 54 III.

36
People v. Reedgreen
illappct · 1993 · cited in 3 Illinois opinions naming this issue, 2008–2025
2 sentences

2025See Nieves, 193 Ill. 2d at 534 (defendant cannot rely upon invited response by State during rebuttal closing argument as error on appeal); accord People v. Reed, 243 Ill.

2008See People v. Reed, 243 Ill.

33
People v. Pitmangreen
ill · 2004 · cited in 3 Illinois opinions naming this issue, 2014–2014
2 sentences

2014As the State correctly posits, "to claim the protection of the fourth amendment, a defendant must demonstrate that he or she personally has an expectation of privacy in the place searched and that his or her expectation is reasonable." People v. Pitman, 211 Ill. 2d 502, 514 (2004).

2014As the State correctly posits, "to claim the protection of the fourth amendment, a defendant must demonstrate that he or she personally has an expectation of privacy in the place searched and that his or her expectation is reasonable." People v. Pitman, 211 Ill. 2d 502, 514 (2004).

33
People v. Izzogreen
ill · 2001 · cited in 3 Illinois opinions naming this issue, 2004–2004
2 sentences

2004See People v. Izzo, 195 Ill. 2d 109, 112 (2001) (a defendant cannot challenge facial vagueness of statute not impheating first amendment freedoms unless statute is incapable of any valid application); Holt, 271 Ill.

2004See People v. Izzo, 195 Ill.2d 109, 112 , 253 Ill.Dec. 425 , 745 N.E.2d 548 (2001) (a defendant cannot challenge facial vagueness of statute not implicating first amendment freedoms unless statute is incapable of any valid application); Holt, 271 Ill.App.3d at 1026 , 208 Ill.Dec. 515 , 649 N.E.2d 571 (it is only when such statute is incapable of any valid application that it is unconstitutionally vague).

33
People v. Holtgreen
illappct · 1995 · cited in 3 Illinois opinions naming this issue, 2004–2004
2 sentences

2004See People v. Izzo, 195 Ill. 2d 109, 112 (2001) (a defendant cannot challenge facial vagueness of statute not impheating first amendment freedoms unless statute is incapable of any valid application); Holt, 271 Ill.

2004See People v. Izzo, 195 Ill.2d 109, 112 , 253 Ill.Dec. 425 , 745 N.E.2d 548 (2001) (a defendant cannot challenge facial vagueness of statute not implicating first amendment freedoms unless statute is incapable of any valid application); Holt, 271 Ill.App.3d at 1026 , 208 Ill.Dec. 515 , 649 N.E.2d 571 (it is only when such statute is incapable of any valid application that it is unconstitutionally vague).

23
People v. Hodgesgreen
ill · 2009 · cited in 2 Illinois opinions naming this issue, 2023–2025
2 sentences

2025See Hodges, 234 Ill. 2d at 17 . ¶ 50 For the foregoing reasons, the judgment of the circuit court of Cook County is affirmed. ¶ 51 Affirmed. - 13 -

2023See Hodges, 234 Ill. 2d at 17 . ¶ 47 For the foregoing reasons, the judgment of the circuit court of Cook County is affirmed. ¶ 48 Affirmed. - 15 -

22
Witherell v. Weimergreen
ill · 1987 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010Moore v. Jewel Tea Co., 46 Ill. 2d 288, 294 , 263 N.E.2d 103, 106 (1970) (“It is settled law that where several causes of actions are charged and a general verdict results, the verdict will be sustained if there are one or more good causes of action or counts to support it,” and the defendants, having failed “to ascertain upon which count or counts the jury returned its verdicts *** by submitting a separate form of verdict as to each count” “cannot complain or seek to take advantage of their failure”); Witherell v. Weimer, 118 Ill. 2d 321, 329 , 515 N.E.2d 68, 72 (1987) (“When there is a gener

2010Moore v. Jewel Tea Co., 46 Ill. 2d 288, 294 , 263 N.E.2d 103, 106 (1970) (“It is settled law that where several causes of actions are charged and a general verdict results, the verdict will be sustained if there are one or more good causes of action or counts to support it,” and the defendants, having failed “to ascertain upon which count or counts the jury returned its verdicts *** by submitting a separate form of verdict as to each count” “cannot complain or seek to take advantage of their failure”); Witherell v. Weimer, 118 Ill. 2d 321, 329 , 515 N.E.2d 68, 72 (1987) (“When there is a gener

22
Moore v. Jewel Tea Co.green
ill · 1970 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010Moore v. Jewel Tea Co., 46 Ill. 2d 288, 294 , 263 N.E.2d 103, 106 (1970) (“It is settled law that where several causes of actions are charged and a general verdict results, the verdict will be sustained if there are one or more good causes of action or counts to support it,” and the defendants, having failed “to ascertain upon which count or counts the jury returned its verdicts *** by submitting a separate form of verdict as to each count” “cannot complain or seek to take advantage of their failure”); Witherell v. Weimer, 118 Ill. 2d 321, 329 , 515 N.E.2d 68, 72 (1987) (“When there is a gener

2010Moore v. Jewel Tea Co., 46 Ill. 2d 288, 294 , 263 N.E.2d 103, 106 (1970) (“It is settled law that where several causes of actions are charged and a general verdict results, the verdict will be sustained if there are one or more good causes of action or counts to support it,” and the defendants, having failed “to ascertain upon which count or counts the jury returned its verdicts *** by submitting a separate form of verdict as to each count” “cannot complain or seek to take advantage of their failure”); Witherell v. Weimer, 118 Ill. 2d 321, 329 , 515 N.E.2d 68, 72 (1987) (“When there is a gener

22
Dillon v. Evanston Hospitalgreen
ill · 2002 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010Moore v. Jewel Tea Co., 46 Ill. 2d 288, 294 , 263 N.E.2d 103, 106 (1970) (“It is settled law that where several causes of actions are charged and a general verdict results, the verdict will be sustained if there are one or more good causes of action or counts to support it,” and the defendants, having failed “to ascertain upon which count or counts the jury returned its verdicts *** by submitting a separate form of verdict as to each count” “cannot complain or seek to take advantage of their failure”); Witherell v. Weimer, 118 Ill. 2d 321, 329 , 515 N.E.2d 68, 72 (1987) (“When there is a gener

2010Moore v. Jewel Tea Co., 46 Ill. 2d 288, 294 , 263 N.E.2d 103, 106 (1970) (“It is settled law that where several causes of actions are charged and a general verdict results, the verdict will be sustained if there are one or more good causes of action or counts to support it,” and the defendants, having failed “to ascertain upon which count or counts the jury returned its verdicts *** by submitting a separate form of verdict as to each count” “cannot complain or seek to take advantage of their failure”); Witherell v. Weimer, 118 Ill. 2d 321, 329 , 515 N.E.2d 68, 72 (1987) (“When there is a gener

22
People v. Davisgreen
illappct · 2001 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004People v. Davis, 319 Ill.

2004People v. Davis, 319 Ill.App.3d 572, 574 , 254 Ill.Dec. 1 , 746 N.E.2d 758 (2001); People v. Williams, 317 Ill.App.3d 945, 950 , 252 Ill.Dec. 236 , 742 N.E.2d 774 *193 (2000); Sparks, 314 Ill.App.3d at 272-73 , 247 Ill.Dec. 214 , 731 N.E.2d 987 .

22
People v. Brooksgreen
ill · 1999 · cited in 2 Illinois opinions naming this issue, 2003–2003
2 sentences

2003People v. Brooks, 187 Ill. 2d 91, 127-28 (1999).

2003People v. Brooks, 187 Ill.2d 91, 127-28 , 240 Ill.Dec. 607 , 718 N.E.2d 88 (1999).

22
People v. Allengreen
ill · 1985 · cited in 2 Illinois opinions naming this issue, 2002–2002
2 sentences

2002For example, in People v. Allen, 107 Ill. 2d 91, 104 (1985), aff’d, 478 U.S. 364 , 92 L.

2002For example, in People v. Allen, 107 Ill.2d 91, 104 , 89 Ill.Dec. 847 , 481 N.E.2d 690 (1985), aff'd, 478 U.S. 364 , 106 S.Ct. 2988 , 92 L.Ed.2d 296 (1986), we held that in a sexually dangerous person proceeding, the defendant was not entitled to refuse to answer a psychiatrist's questions which might incriminate him.

22
People v. Evansgreen
ill · 1996 · cited in 2 Illinois opinions naming this issue, 1997–1997
2 sentences

1997See People v. Evans, 174 Ill. 2d 320, 327 , 673 N.E.2d 244, 248 (1996) (a defendant’s effort to unilaterally reduce his sentence while holding the State to its part of the bargain cannot be condoned); People v. Catron, 285 Ill.

1997See People v. Evans, 174 Ill. 2d 320, 327 , 673 N.E.2d 244, 248 (1996) (a defendant’s effort to unilaterally reduce his sentence while holding the State to its part of the bargain cannot be condoned); People v. Catron, 285 Ill.

22
People v. Dixongreen
ill · 1982 · cited in 9 Illinois opinions naming this issue, 1984–1993
2 sentences

1993We agree with defendant that comments similar to those made by the prosecutor have been held to be improper under certain circumstances. ( People v. Thomas (1980), 89 Ill.App.3d 592, 601-02 , 44 Ill.Dec. 710, 718 , 411 N.E.2d 1076, 1084 ; People v. Connors (1980), 82 Ill.App.3d 312, 321 , 37 Ill.Dec. 771, 778 , 402 N.E.2d 773, 780 ; People v. Edwards (1979), 77 Ill.App.3d 237, 242-44 , 32 Ill.Dec. 714, 717-18 , 395 N.E.2d 1095, 1098-99 .) Those instances are inapplicable here, however, since it is well settled that a defendant cannot claim error where the prosecutor's remarks are invited by de

1993We agree with defendant that comments similar to those made by the prosecutor have been held to be improper under certain circumstances. ( People v. Thomas (1980), 89 Ill.App.3d 592, 601-02 , 44 Ill.Dec. 710, 718 , 411 N.E.2d 1076, 1084 ; People v. Connors (1980), 82 Ill.App.3d 312, 321 , 37 Ill.Dec. 771, 778 , 402 N.E.2d 773, 780 ; People v. Edwards (1979), 77 Ill.App.3d 237, 242-44 , 32 Ill.Dec. 714, 717-18 , 395 N.E.2d 1095, 1098-99 .) Those instances are inapplicable here, however, since it is well settled that a defendant cannot claim error where the prosecutor's remarks are invited by de

19
People v. Sparksgreen
illappct · 2000 · cited in 2 Illinois opinions naming this issue, 2004–2022
2 sentences

2022See People v. Harvey, 211 Ill. 2d 368, 385-86 (2004) (holding that two of the defendants were estopped from challenging the use of the mere-fact method of impeachment where defense counsel either requested or agreed to the use of it at trial); People v. Villarreal, 198 3 Although we apply the abuse of discretion standard of review, the result we reach would be the same under the de novo standard. - 30 - 2022 IL App (2d) 200455 Ill. 2d 209, 227-28 (2001) (holding that the defendant cannot challenge the propriety of verdict forms submitted by defense counsel); People v. Reed, 2019 IL App (4th) 1

2004People v. Davis, 319 Ill.App.3d 572, 574 , 254 Ill.Dec. 1 , 746 N.E.2d 758 (2001); People v. Williams, 317 Ill.App.3d 945, 950 , 252 Ill.Dec. 236 , 742 N.E.2d 774 *193 (2000); Sparks, 314 Ill.App.3d at 272-73 , 247 Ill.Dec. 214 , 731 N.E.2d 987 .

12
People v. Andersongreen
illappct · 2010 · cited in 1 Illinois opinions naming this issue, 2026–2026
11
People v. Speedgreen
illappct · 2001 · cited in 1 Illinois opinions naming this issue, 2025–2025
11
People v. Nievesgreen
ill · 2000 · cited in 1 Illinois opinions naming this issue, 2025–2025
11
People v. Hughesgreen
ill · 2015 · cited in 1 Illinois opinions naming this issue, 2024–2024
11
People v. Threattegreen
illappct · 2017 · cited in 1 Illinois opinions naming this issue, 2022–2022
11
People v. Harveygreen
ill · 2004 · cited in 1 Illinois opinions naming this issue, 2022–2022
11
People v. Glaspergreen
ill · 2009 · cited in 1 Illinois opinions naming this issue, 2022–2022
11
People v. Reedgreen
illappct · 2019 · cited in 1 Illinois opinions naming this issue, 2022–2022
11
People v. Haynesgreen
ill · 2000 · cited in 1 Illinois opinions naming this issue, 2022–2022
11
People v. Easleygreen
ill · 2000 · cited in 1 Illinois opinions naming this issue, 2021–2021
11
The People v. Fordgreen
ill · 1960 · cited in 1 Illinois opinions naming this issue, 2021–2021
11
People v. Rowellgreen
ill · 2008 · cited in 1 Illinois opinions naming this issue, 2021–2021
11
People v. Enochgreen
illappct · 1989 · cited in 1 Illinois opinions naming this issue, 2021–2021
11
People v. Frenchgreen
illappct · 2017 · cited in 1 Illinois opinions naming this issue, 2021–2021
11
The PEOPLE v. Jacksongreen
ill · 1961 · cited in 1 Illinois opinions naming this issue, 2020–2020
11
People v. Millergreen
illappct · 1983 · cited in 1 Illinois opinions naming this issue, 2017–2017
11
People v. Peltgreen
ill · 2003 · cited in 1 Illinois opinions naming this issue, 2009–2009
11
People v. Williamsgreen
illappct · 2000 · cited in 1 Illinois opinions naming this issue, 2004–2004
11
People v. Kunathgreen
illappct · 1981 · cited in 1 Illinois opinions naming this issue, 2002–2002
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 (46)

CaseCitedYears
People v. Rogers green
illappct · 2015
2 sentences

2021The State points to no relevant precedent for its assertion that “a defendant who waives his presence at trial also waives collateral review of any issue that could have been resolved had he appeared.” The State offers the following statement, quoting from People v. Rogers, 2015 IL App (2d) 130412 , ¶ 82: “ ‘[W]hen a defendant’s trial and subsequent conviction [were] the result of his or her own decision ***, the defendant cannot claim the protection intended for those who attack their convictions on constitutional grounds.’ ” The State edits the sentence from Rogers by removing text from the

2021We said: “[W]hen a defendant’s trial and subsequent conviction were the result of his or her own decision to withdraw a guilty plea, the defendant cannot claim the protection intended for those who attack their -6- 2021 IL App (2d) 180545 convictions on constitutional grounds by either direct review or collateral attack.” (Emphasis added.) Rogers, 2015 IL App (2d) 130412, ¶ 82 .

32015–2021
People v. Redman green
illappct · 2008
2 sentences

2014Id. ¶ 21 With regard to the defendant's motion to suppress evidence, the State first asserts that the defendant cannot claim that his rights under the fourth amendment have been violated because he cannot demonstrate that he had a reasonable expectation of privacy in the home and in the curtilage surrounding the home.

2014Id. ¶ 21 With regard to the defendant's motion to suppress evidence, the State first asserts that the defendant cannot claim that his rights under the fourth amendment have been violated because he cannot demonstrate that he had a reasonable expectation of privacy in the home and in the curtilage surrounding the home.

32014–2014
People v. Richardson green
ill · 1988
2 sentences

1993We agree with defendant that comments similar to those made by the prosecutor have been held to be improper under certain circumstances. ( People v. Thomas (1980), 89 Ill.App.3d 592, 601-02 , 44 Ill.Dec. 710, 718 , 411 N.E.2d 1076, 1084 ; People v. Connors (1980), 82 Ill.App.3d 312, 321 , 37 Ill.Dec. 771, 778 , 402 N.E.2d 773, 780 ; People v. Edwards (1979), 77 Ill.App.3d 237, 242-44 , 32 Ill.Dec. 714, 717-18 , 395 N.E.2d 1095, 1098-99 .) Those instances are inapplicable here, however, since it is well settled that a defendant cannot claim error where the prosecutor's remarks are invited by de

1993We agree with defendant that comments similar to those made by the prosecutor have been held to be improper under certain circumstances. ( People v. Thomas (1980), 89 Ill.App.3d 592, 601-02 , 44 Ill.Dec. 710, 718 , 411 N.E.2d 1076, 1084 ; People v. Connors (1980), 82 Ill.App.3d 312, 321 , 37 Ill.Dec. 771, 778 , 402 N.E.2d 773, 780 ; People v. Edwards (1979), 77 Ill.App.3d 237, 242-44 , 32 Ill.Dec. 714, 717-18 , 395 N.E.2d 1095, 1098-99 .) Those instances are inapplicable here, however, since it is well settled that a defendant cannot claim error where the prosecutor's remarks are invited by de

31991–1993
People v. Johnson green
ill · 1986
2 sentences

1993We agree with defendant that comments similar to those made by the prosecutor have been held to be improper under certain circumstances. ( People v. Thomas (1980), 89 Ill.App.3d 592, 601-02 , 44 Ill.Dec. 710, 718 , 411 N.E.2d 1076, 1084 ; People v. Connors (1980), 82 Ill.App.3d 312, 321 , 37 Ill.Dec. 771, 778 , 402 N.E.2d 773, 780 ; People v. Edwards (1979), 77 Ill.App.3d 237, 242-44 , 32 Ill.Dec. 714, 717-18 , 395 N.E.2d 1095, 1098-99 .) Those instances are inapplicable here, however, since it is well settled that a defendant cannot claim error where the prosecutor's remarks are invited by de

1993We agree with defendant that comments similar to those made by the prosecutor have been held to be improper under certain circumstances. ( People v. Thomas (1980), 89 Ill.App.3d 592, 601-02 , 44 Ill.Dec. 710, 718 , 411 N.E.2d 1076, 1084 ; People v. Connors (1980), 82 Ill.App.3d 312, 321 , 37 Ill.Dec. 771, 778 , 402 N.E.2d 773, 780 ; People v. Edwards (1979), 77 Ill.App.3d 237, 242-44 , 32 Ill.Dec. 714, 717-18 , 395 N.E.2d 1095, 1098-99 .) Those instances are inapplicable here, however, since it is well settled that a defendant cannot claim error where the prosecutor's remarks are invited by de

31992–1993
People v. Andersch green
illappct · 1982
2 sentences

1988(People v. Andersch (1982), 107 Ill.

1983“A defendant cannot claim self-defense where the situation he encounters arises out of his own making.” (People v. Andersch (1982), 107 Ill.

31983–1988
The People v. Minto neutral
ill · 1925
2 sentences

1974People v. Fore, 384 Ill. 455 , 51 N.E.2d 548 ; People v. Minto, 318 Ill. 293 , 149 N.E. 241 .

1974People v. Fore, 384 Ill. 455 , 51 N.E.2d 548 ; People v. Minto, 318 Ill. 293 , 149 N.E. 241 .

31971–1974
The People v. Fore green
ill · 1943
2 sentences

1974People v. Fore, 384 Ill. 455 , 51 N.E.2d 548 ; People v. Minto, 318 Ill. 293 , 149 N.E. 241 .

1974People v. Fore, 384 Ill. 455 , 51 N.E.2d 548 ; People v. Minto, 318 Ill. 293 , 149 N.E. 241 .

31971–1974
People v. Petrenko green
ill · 2010
2 sentences

2023“If the underlying claim would not have succeeded on direct appeal, then ‘there is no arguable legal basis’ for defendant’s claim of ineffective assistance of appellate counsel, and dismissal is ‘proper.’ ” People v. Randall, 2021 IL App (1st) 191194 , ¶ 66 (quoting Petrenko, 237 Ill. 2d at 501-02 ). ¶ 50 At the first stage of postconviction proceedings, a petition alleging ineffective assistance of counsel may not be dismissed if: (1) counsel’s performance arguably fell below an objective standard of reasonableness; and (2) the petitioner was arguably prejudiced as a result.

2023“If the underlying claim would not have succeeded on direct appeal, then ‘there is no arguable legal basis’ for defendant’s claim of ineffective assistance of appellate counsel, and dismissal is ‘proper.’ ” People v. Randall, 2021 IL App (1st) 191194 , ¶ 66 (quoting Petrenko, 237 Ill. 2d at 501-02 ). ¶ 44 At the first stage of postconviction proceedings, a petition alleging ineffective assistance of counsel may not be dismissed if: (1) counsel’s performance arguably fell below an objective standard of reasonableness; and (2) the petitioner was arguably prejudiced as a result.

22023–2023
People v. Gillespie green
ill · 1990
2 sentences

2017We thus decline to follow Walker because its holding is - 11 - inconsistent with Gillespie, which held a defendant must admit committing the underlying crime (Gillespie, 136 Ill. 2d at 501 , 557 N.E.2d at 896 ).

2017We thus decline to follow Walker because its holding is - 11 - inconsistent with Gillespie, which held a defendant must admit committing the underlying crime (Gillespie, 136 Ill. 2d at 501 , 557 N.E.2d at 896 ).

22017–2017
People v. Kliner green
ill · 1998
2 sentences

2012Id. at 156 , 235 Ill.Dec. 667 , 705 N.E.2d 850 . ¶ 87 In reviewing both the State's and defendant's closing arguments, we find that the State was responding to defendant's closing argument, in which counsel argued in part that the State presented no evidence supporting a position of trust, authority, or supervision and that defendant should be found not guilty on that basis.

2012Id. at 156 , 235 Ill.Dec. 667 , 705 N.E.2d 850 . ¶ 87 In reviewing both the State's and defendant's closing arguments, we find that the State was responding to defendant's closing argument, in which counsel argued in part that the State presented no evidence supporting a position of trust, authority, or supervision and that defendant should be found not guilty on that basis.

22012–2012
People v. Lambert green
illappct · 1993
2 sentences

2002As such, since the prior DUI offenses were irrelevant to his trial preparation, the defendant cannot claim he was prejudiced by the State’s failure to include detailed information in the indictment regarding the prior convictions.” Lambert, 249 Ill.

2002As such, since the prior DUI offenses were irrelevant to his trial preparation, the defendant cannot claim he was prejudiced by the State's failure to include detailed information in the indictment regarding the prior convictions." Lambert, 249 Ill.

22002–2002
Allen v. Illinois green
scotus · 1986
2 sentences

2002For example, in People v. Allen, 107 Ill. 2d 91, 104 (1985), aff’d, 478 U.S. 364 , 92 L.

2002For example, in People v. Allen, 107 Ill. 2d 91, 104 (1985), aff’d, 478 U.S. 364 , 92 L.

22002–2002
People v. Catron green
illappct · 1996
2 sentences

1997See People v. Evans , 174 Ill. 2d 320, 327 , 673 N.E.2d 244, 248 (1996) (a defendant's effort to unilaterally reduce his sentence while holding the State to its part of the bargain cannot be condoned); People v. Catron , 285 Ill.

1997See People v. Evans, 174 Ill. 2d 320, 327 , 673 N.E.2d 244, 248 (1996) (a defendant’s effort to unilaterally reduce his sentence while holding the State to its part of the bargain cannot be condoned); People v. Catron, 285 Ill.

21997–1997
People v. Moore green
illappct · 1991
2 sentences

1993We agree with defendant that comments similar to those made by the prosecutor have been held to be improper under certain circumstances. ( People v. Thomas (1980), 89 Ill.App.3d 592, 601-02 , 44 Ill.Dec. 710, 718 , 411 N.E.2d 1076, 1084 ; People v. Connors (1980), 82 Ill.App.3d 312, 321 , 37 Ill.Dec. 771, 778 , 402 N.E.2d 773, 780 ; People v. Edwards (1979), 77 Ill.App.3d 237, 242-44 , 32 Ill.Dec. 714, 717-18 , 395 N.E.2d 1095, 1098-99 .) Those instances are inapplicable here, however, since it is well settled that a defendant cannot claim error where the prosecutor's remarks are invited by de

1993We agree with defendant that comments similar to those made by the prosecutor have been held to be improper under certain circumstances. ( People v. Thomas (1980), 89 Ill.App.3d 592, 601-02 , 44 Ill.Dec. 710, 718 , 411 N.E.2d 1076, 1084 ; People v. Connors (1980), 82 Ill.App.3d 312, 321 , 37 Ill.Dec. 771, 778 , 402 N.E.2d 773, 780 ; People v. Edwards (1979), 77 Ill.App.3d 237, 242-44 , 32 Ill.Dec. 714, 717-18 , 395 N.E.2d 1095, 1098-99 .) Those instances are inapplicable here, however, since it is well settled that a defendant cannot claim error where the prosecutor's remarks are invited by de

21993–1993
People v. Edwards green
illappct · 1979
2 sentences

1993We agree with defendant that comments similar to those made by the prosecutor have been held to be improper under certain circumstances. ( People v. Thomas (1980), 89 Ill.App.3d 592, 601-02 , 44 Ill.Dec. 710, 718 , 411 N.E.2d 1076, 1084 ; People v. Connors (1980), 82 Ill.App.3d 312, 321 , 37 Ill.Dec. 771, 778 , 402 N.E.2d 773, 780 ; People v. Edwards (1979), 77 Ill.App.3d 237, 242-44 , 32 Ill.Dec. 714, 717-18 , 395 N.E.2d 1095, 1098-99 .) Those instances are inapplicable here, however, since it is well settled that a defendant cannot claim error where the prosecutor's remarks are invited by de

1993App. 3d 237, 242-44 , 395 N.E.2d 1095, 1098-99 .) Those instances are inapplicable here, however, since it is well settled that a defendant cannot claim error where the prosecutor’s remarks are invited by defense counsel’s closing argument.

21993–1993
People v. Miller green
illappct · 1983
21984–1986
People v. Barnes green
ill · 1924
21973–1974
People v. Stewart green
illappct · 1971
21974–1974
People v. Williams green
illappct · 2022
12022–2022
People v. Alvarado green
illappct · 2013
12022–2022
United States v. Powell green
scotus · 1984
12022–2022
Langenhorst v. Norfolk Southern Ry. Co. green
ill · 2006
12021–2021
People v. Addison green
illappct · 2021
12021–2021
People v. White green
illappct · 2005
12015–2015
People v. Monroe green
illappct · 1984
11993–1993
People v. Howard green
ill · 1991
11993–1993
People v. Barrow green
ill · 1989
11993–1993
People v. Connors green
illappct · 1980
11993–1993
People v. Thomas green
illappct · 1980
11993–1993
People v. Gilbert green
ill · 1977
11993–1993
People v. Connors neutral
illappct · 1980
11993–1993
People v. Bunch green
illappct · 1987
11991–1991
People v. Suane green
illappct · 1987
11990–1990
People v. Jones green
illappct · 1983
11988–1988
People v. Jones green
ill · 1975
11988–1988
People v. Perez green
illappct · 1983
11988–1988
People v. Cox green
illappct · 1984
11988–1988
People v. Grant green
ill · 1978
11988–1988
People v. Zolidis green
illappct · 1983
11987–1987
People v. Simpson green
illappct · 1984
11987–1987

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (13) IL § 720 ILCS 5/9-1 (6) IL § 725 ILCS 5/122-2.1 (5) IL § 725 ILCS 5/122-2 (4) IL § 625 ILCS 5/4-103 (3) IL § 720 ILCS 5/12-16 (3) IL § 725 ILCS 5/111-3 (3) IL § 725 ILCS 5/115-10.1 (3) IL § 730 ILCS 5/5-4-3 (3) IL § 730 ILCS 5/5-5-4 (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

IL 96 (1941–2026) OH 80 (1998–2026) WA 47 (1904–2026) TX 43 (1855–2023) PA 39 (1907–2025) CA 38 (1963–2026) NY 34 (1873–2025) LA 27 (1920–2019) KS 20 (1885–2024) AL 20 (1912–2009) CT 18 (1983–2018) MI 13 (1886–2023) FL 12 (1947–2015) MA 10 (1942–2025) IN 10 (1983–2019) NM 9 (1938–2023) MO 8 (1990–2014) AZ 8 (1973–2025) OR 8 (1897–2023) DC 6 (1994–2016) CO 6 (1990–2025) NC 6 (1978–2001) SD 5 (1975–2014) WI 5 (1975–1993) ID 5 (2008–2026) MT 4 (1980–2016) MS 4 (2015–2026) VA 4 (1990–2014) VT 4 (2003–2007) NJ 3 (1905–1983) KY 3 (1934–2025) RI 3 (1980–1990) UT 3 (1968–2019) IA 3 (2018–2024) ME 3 (1975–1996) AR 2 (2009–2009) ND 2 (1962–2023) AK 2 (1981–2010) DE 2 (2020–2025)

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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