error in the jury instruction (Illinois) · Go Syfert
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error in the jury instruction in Illinois

12 Illinois opinions name it 1 courts 1987–2025 1 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
People v. Lozadagreen
illappct · 1991 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001Second, if we find an error in the jury instruction, then we must determine "whether, in spite of that error, evidence of defendant's guilt was so clear and convincing as to render the error harmless beyond a reasonable doubt." Dennis , 181 Ill. 2d at 96 . "[T]he test of the correctness of an instruction is not what meaning the ingenuity of counsel can attribute to it, but how and in what sense, under the evidence before them, ordinary persons acting as jurors will understand the instruction." People v. Lozada , 211 Ill.

2001Second, if we find an error in the jury instruction, then we must determine “whether, in spite of that error, evidence of defendant’s guilt was so clear and convincing as to render the error harmless beyond a reasonable doubt.” Dennis, 181 Ill. 2d at 96 . “[T]he test of the correctness of an instruction is not what meaning the ingenuity of counsel can attribute to it, but how and in what sense, under the evidence before them, ordinary persons acting as jurors will understand the instruction.” People v. Lozada, 211 Ill.

22
People v. McKeegreen
illappct · 2022 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025See People v. McKee, 2022 IL App (2d) 210624, ¶ 42 .

11
People v. Robertsgreen
ill · 1979 · cited in 1 Illinois opinions naming this issue, 1987–1987
2 sentences

1987See, e.g., People v. Roberts (1979), 75 Ill. 2d 1 , 387 N.E.2d 331 ; People v. Gore (1979), 72 Ill.

1987See, e.g., People v. Roberts (1979), 75 Ill. 2d 1 , 387 N.E.2d 331 ; People v. Gore (1979), 72 Ill.

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 (8)

CaseCitedYears
People v. Dennis green
ill · 1998
2 sentences

2003Second, if we find an error in the jury instruction, then we must determine “whether, in spite of that error, evidence of defendant’s guilt was so clear and convincing as to render the error harmless beyond a reasonable doubt.” Dennis, 181 Ill. 2d at 96 .

2003Second, if we find an error in the jury instruction, then we must determine "whether, in spite of that error, evidence of defendant's guilt was so clear and convincing as to render the error harmless beyond a reasonable doubt." Dennis, 181 Ill.2d at 96 , 229 Ill.Dec. 552 , 692 N.E.2d 325 .

62001–2003
People v. Piatkowski green
ill · 2007
1 sentence

2019Id. at 568 . ¶ 124 Here, the evidence against Othman is demonstrably stronger than the evidence in Piatkowski and, as discussed below, includes both inculpatory statements and substantial corroborating evidence.

12019–2019
People v. Cloyd green
illappct · 1987
1 sentence

1993(Cloyd, 152 Ill.

11993–1993
People v. Underwood green
ill · 1978
2 sentences

1992(People v. Underwood (1978), 72 Ill. 2d 124 , 378 N.E.2d 513 .) Generally, the failure to make an objection at trial to an error in the jury instruction constitutes a waiver of the error, if any exists.

1992(People v. Underwood (1978), 72 Ill. 2d 124 , 378 N.E.2d 513 .) Generally, the failure to make an objection at trial to an error in the jury instruction constitutes a waiver of the error, if any exists.

11992–1992
People v. Chapman green
illappct · 1981
1 sentence

1992(People v. Chapman (1981), 94 Ill.

11992–1992
People v. Cooney green
illappct · 1985
1 sentence

1990App. 3d 989 , 484 N.E.2d 802 , in support of its argument that the error in the jury instruction was harmless.

11990–1990
People v. Gore green
illappct · 1979
1 sentence

1987See, e.g., People v. Roberts (1979), 75 Ill. 2d 1 , 387 N.E.2d 331 ; People v. Gore (1979), 72 Ill.

11987–1987
People v. Jones green
ill · 1979
2 sentences

1987(People v. Jones (1979), 81 Ill. 2d 1 , 405 N.E.2d 343 .) In Jones, the court found the intent to commit murder was blatantly evident from the circumstances, and found the error in the jury instruction to be harmless.

1987(People v. Jones (1979), 81 Ill. 2d 1 , 405 N.E.2d 343 .) In Jones, the court found the intent to commit murder was blatantly evident from the circumstances, and found the error in the jury instruction to be harmless.

11987–1987

Where else courts name it

IL 12 (1987–2025) MD 6 (2006–2019) ID 5 (2014–2017) FL 5 (2010–2019) AZ 4 (2003–2023) MO 3 (1995–2019) NM 3 (2000–2001) NJ 3 (2017–2025) TX 3 (2008–2011) VA 2 (1994–2024) GA 2 (2021–2023) CO 2 (1999–1999) CA 2 (2014–2023) MN 2 (2011–2012) UT 2 (2014–2020)

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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