judge sustained defense in Illinois

12 Illinois opinions name it 2 courts 1969–2015 0 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 (2)

Case	Followed	Cited
People v. Mooregreen ill · 1996 · cited in 2 Illinois opinions naming this issue, 2015–2015 2 sentences 2015As our supreme court said in People v. Moore, 171 Ill. 2d 74, 105-06 (1996), "[t]he act of sustaining an objection and properly admonishing the jury is usually viewed as sufficient to cure any prejudice." We do not see the single remark in this argument as so severely prejudicial as to require a retrial, especially because the trial court sustained a prompt objection to the remark. ¶ 60 Questioning Barnes ¶ 61 Swift argues that the judge became an advocate for the State when the judge questioned Barnes as to whether he told police and the State's Attorney that the statement he signed at the po 2015As our supreme court said in People v. Moore, 171 Ill. 2d 74, 105-06 (1996), "[t]he act of sustaining an objection and properly admonishing the jury is usually viewed as sufficient to cure any prejudice." We do not see the single remark in this argument as so severely prejudicial as to require a retrial, especially because the trial court sustained a prompt objection to the remark. ¶ 60 Questioning Barnes ¶ 61 Swift argues that the judge became an advocate for the State when the judge questioned Barnes as to whether he told police and the State's Attorney that the statement he signed at the po	2	2
People v. Harrisgreen ill · 1989 · cited in 1 Illinois opinions naming this issue, 1996–1996 2 sentences 1996People v. Harris, 132 Ill. 2d 366, 386 (1989). 1996People v. Harris, 132 Ill.2d 366, 386 , 138 Ill.Dec. 620 , 547 N.E.2d 1241 (1989).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (12)

Case	Cited	Years
People v. Baptist green ill · 1979 2 sentences 1993The trial judge sustained defense counsel’s objection to the prosecutor’s comment, and we believe that the ruling would have been sufficient to overcome whatever prejudicial effect the comment might otherwise have engendered. “[Although the prejudicial effect of an improper argument cannot always be erased from the minds of the jurors by an admonishment from the court [citation], the act of promptly sustaining the objection and instructing the jury to disregard such argument has usually been viewed as sufficient to cure any prejudice. [Citations.]” (People v. Baptist (1979), 76 Ill. 2d 19, 30 1991(People v. Baptist (1979), 76 Ill. 2d 19, 30 , 389 N.E.2d 1200 .) In this case, the trial judge sustained defense counsel’s objection and sufficiently admonished the jury.	2	1991–1993
Karr v. Noel green illappct · 1991 1 sentence 1996The trial court relied upon Karr v. Noel, 212 Ill.	1	1996–1996
People v. Hood green illappct · 1992 2 sentences 1996App. 3d 202 , 593 N.E.2d 805 , we found an unresponsive answer by a former prosecutor was prejudicial, even though the trial judge sustained the defense objection, instructed the jury to disregard the answer, and ordered the answer stricken from the record. 1996We said, "The State’s responsibility is not alleviated because Kogut’s answer was unresponsive.” Hood, 229 Ill.	1	1996–1996
People v. Jones green ill · 1993 2 sentences 1995People v. Jones (1993), 156 Ill.2d 225, 249-50 , 189 Ill.Dec. 357 , 620 N.E.2d 325 ; People v. Morgan (1986), 112 Ill.2d 111, 135 , 97 Ill.Dec. 430 , 492 N.E.2d 1303 . 1995People v. Jones (1993), 156 Ill. 2d 225, 249-50 ; People v. Morgan (1986), 112 Ill. 2d 111, 135 .	1	1995–1995
People v. Landwer green illappct · 1993 2 sentences 1995The appellate court majority believed that the judge erroneously sustained the objection because of the use of the word "killing." ( 254 Ill.App.3d at 131 , 193 Ill.Dec. 273 , 626 N.E.2d 306 .) In contrast, the dissent believed that the trial judge correctly sustained the objection and corrected the prosecutor by informing the jury that the defendant must have originated the idea of "killing someone." ( 254 Ill.App.3d at 138 , 193 Ill.Dec. 273 , 626 N.E.2d 306 (Doyle, J., dissenting).) Ambiguity aside, the fact remains that the trial judge sustained defense counsel's objection and thereby redu 1995The appellate court majority believed that the judge erroneously sustained the objection because of the use of the word "killing." ( 254 Ill.App.3d at 131 , 193 Ill.Dec. 273 , 626 N.E.2d 306 .) In contrast, the dissent believed that the trial judge correctly sustained the objection and corrected the prosecutor by informing the jury that the defendant must have originated the idea of "killing someone." ( 254 Ill.App.3d at 138 , 193 Ill.Dec. 273 , 626 N.E.2d 306 (Doyle, J., dissenting).) Ambiguity aside, the fact remains that the trial judge sustained defense counsel's objection and thereby redu	1	1995–1995
People v. Morgan green ill · 1986 2 sentences 1995People v. Jones (1993), 156 Ill.2d 225, 249-50 , 189 Ill.Dec. 357 , 620 N.E.2d 325 ; People v. Morgan (1986), 112 Ill.2d 111, 135 , 97 Ill.Dec. 430 , 492 N.E.2d 1303 . 1995People v. Jones (1993), 156 Ill. 2d 225, 249-50 ; People v. Morgan (1986), 112 Ill. 2d 111, 135 .	1	1995–1995
People v. Hrobowski green illappct · 1991 1 sentence 1992Sustaining a defense objection to improper remarks during argument tends to cure any possible resulting prejudice. {Peopie v. Hrobowski (1991), 216 Ill.	1	1992–1992
People v. Weinger green illappct · 1981 1 sentence 1986The defendant cites People v. Weinstein (1966), 35 Ill. 2d 467 , 220 N.E.2d 432 , and People v. Weinger (1981), 101 Ill.	1	1986–1986
The People v. Weinstein green ill · 1966 2 sentences 1986The defendant cites People v. Weinstein (1966), 35 Ill. 2d 467 , 220 N.E.2d 432 , and People v. Weinger (1981), 101 Ill. 1986The defendant cites People v. Weinstein (1966), 35 Ill. 2d 467 , 220 N.E.2d 432 , and People v. Weinger (1981), 101 Ill.	1	1986–1986
The People v. Burgard green ill · 1941 2 sentences 1974(People v. Burgard, 377 Ill. 322 , 36 N.E.2d 558 .) In the case before us, defense counsel’s objection was overruled, and defendant Neeley’s proffered instruction, to the effect that rape is not a probationable offense, was refused. 1974(People v. Burgard, 377 Ill. 322 , 36 N.E.2d 558 .) In the case before us, defense counsel’s objection was overruled, and defendant Neeley’s proffered instruction, to the effect that rape is not a probationable offense, was refused.	1	1974–1974
The PEOPLE v. Pelegri green ill · 1968 1 sentence 1969In People v. Pelegri, 39 Ill.2d 568, 574-75 , the defendant complained of numerous instances of improper closing argument by the State, but the trial judge sustained defense objections to portions of the argument which were in fact improper and also remarked from the bench that he was aware of the nature of the argument.	1	1969–1969
The People v. Wallenberg green ill · 1962 1 sentence 1969Likewise, in People v. Wallenberg, 24 Ill.2d 350, 353 , it appeared from the record that the court was not influenced by the improper evidence because he ordered the improper question to be stricken and stated that there was nothing therein of probative value with respect to the defendant.	1	1969–1969

Where else courts name it

LA 20 (1922–1996) IL 12 (1969–2015) MA 6 (1973–2025) MS 5 (1866–2009) CA 3 (1982–2021) AL 3 (1979–1987) NY 2 (1987–1987) TX 2 (2007–2007) FL 2 (2002–2014) NJ 2 (1982–2021)

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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