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13 Illinois opinions name it 1 courts 1988–2026 5 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.
| Case | Followed | Cited |
|---|---|---|
People v. Hucksteadgreen2 sentences2026In Illinois, the burden of preparing jury instructions is primarily on the parties (People v. Underwood, 72 Ill. 2d 124, 129 (1978)), and the failure to offer an instruction or an objection to an instruction at trial will usually waive the issue on review (People v. Huckstead, 91 Ill. 2d 536, 543 (1982)). 2007In Illinois, the burden of preparing jury instructions is primarily on the parties (People v. Underwood, 72 Ill. 2d 124, 129 (1978)), and the failure to offer an instruction or an objection to an instruction at trial will usually waive the issue on review (People v. Huckstead, 91 Ill. 2d 536, 543 (1982); 155 Ill. 2d R. 366). | 5 | 5 |
People v. Underwoodgreen2 sentences2026In Illinois, the burden of preparing jury instructions is primarily on the parties (People v. Underwood, 72 Ill. 2d 124, 129 (1978)), and the failure to offer an instruction or an objection to an instruction at trial will usually waive the issue on review (People v. Huckstead, 91 Ill. 2d 536, 543 (1982)). 2007In Illinois, the burden of preparing jury instructions is primarily on the parties (People v. Underwood, 72 Ill. 2d 124, 129 (1978)), and the failure to offer an instruction or an objection to an instruction at trial will usually waive the issue on review (People v. Huckstead, 91 Ill. 2d 536, 543 (1982); 155 Ill. 2d R. 366). | 5 | 5 |
People v. Lowrygreen2 sentences2026“However, the failure to offer an instruction essential to the fair determination of the case by the jury cannot be excused as trial strategy.” People v. Lowry, 354 Ill. 2021“However, the failure to offer an instruction essential to the fair determination of the case by the jury cannot be excused as trial strategy.” People v. Lowry, 354 Ill. | 4 | 5 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Delgado
green
1 sentence2021However, in a criminal case the trial court is responsible for fully instructing the jury on the elements of the offense, the burden of proof[,] and the presumption of innocence. [Citation.] Where the instruction error was in a definition essential to the jury’s assessment of the defendant’s guilt or innocence, *** it is reversible error, and the defendant is entitled to a new trial.” Id. at 314 . ¶ 23 The defendant argues that “lewd” was a term essential to the jury’s assessment of his guilt or innocence because the jury had to determine whether he solicited “lewd depictions” of Y.R.’s unclot | 1 | 2021–2021 |
People v. Sperry
green
1 sentence2020Lowry held that “the failure to offer an instruction -6- 2020 IL App (2d) 180296 essential to the fair determination of the case by the jury cannot be excused as trial strategy.” Id. at 767. | 1 | 2020–2020 |
People v. Peterson
green
1 sentence2018Peterson, 2017 IL 120331 , ¶ 80. ¶ 61 The failure to offer an instruction when the jury is clearly confused about an element of the case may rise to the level of deficient performance. | 1 | 2018–2018 |
People v. Baes
green
1 sentence1988App. 3d 741, 744 , 419 N.E.2d 47 .) Similarly, the failure to offer the instruction now proposed would constitute a waiver. | 1 | 1988–1988 |
People v. Parks
green
2 sentences1988(People v. Parks (1976), 65 Ill. 2d 132, 137 , 357 N.E.2d 487 .) And, again, the failure to include in the post-trial motion the court’s failure to instruct properly would ordinarily constitute waiver. 1988(People v. Parks (1976), 65 Ill. 2d 132, 137 , 357 N.E.2d 487 .) And, again, the failure to include in the post-trial motion the court’s failure to instruct properly would ordinarily constitute waiver. | 1 | 1988–1988 |
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.