12 Illinois opinions name it 2 courts 1907–2024 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.
| Case | Followed | Cited |
|---|---|---|
City of Chicago v. American National Bank & Trust Co.green2 sentences2001See City of Chicago v. American National Bank & Trust Co., 171 Ill. 2001See City of Chicago v. American National Bank & Trust Co. , 171 Ill. | 2 | 2 |
State v. Kociolekgreen2 sentences1995(See State v. Kociolek (1957), 23 N.J. 400, 413 , 129 A.2d 417, 424-25 (applying the privilege to communications between an attorney "and a scientific expert retained to aid in the presentation of the defense, a confidential employment”).) In Kociolek the court reviewed the history and purpose of the attorney-client privilege at length, noting that the "ancient common-law privilege, in this country and in England *** [was] deemed a basic civil right, indispensable to the fulfillment of the constitutional security against self-incrimination and the right to make defense with the aid of counsel 1995(See State v. Kociolek (1957), 23 N.J. 400, 413 , 129 A.2d 417, 424-25 (applying the privilege to communications between an attorney "and a scientific expert retained to aid in the presentation of the defense, a confidential employment”).) In Kociolek the court reviewed the history and purpose of the attorney-client privilege at length, noting that the "ancient common-law privilege, in this country and in England *** [was] deemed a basic civil right, indispensable to the fulfillment of the constitutional security against self-incrimination and the right to make defense with the aid of counsel | 1 | 1 |
People v. Nievesgreen2 sentences1987(Cf. People v. Nieves (1982), 92 Ill. 2d 452, 466 , 442 N.E.2d 228, 235 (in which the court stated that where defendant proceeds to trial with standby counsel, admonishments of supreme court rule for waiver of counsel are not necessary).) Instead, defendant claims that “[bjecause of his physical disability and his limited mental capacity to think rationally and articulate ideas, defendant lacked the ability to assist in his own defense, much less conduct it.” The sixth amendment to the United States Constitution grants to a criminal defendant the right to make a defense pro se. 1987(Cf. People v. Nieves (1982), 92 Ill. 2d 452, 466 , 442 N.E.2d 228, 235 (in which the court stated that where defendant proceeds to trial with standby counsel, admonishments of supreme court rule for waiver of counsel are not necessary).) Instead, defendant claims that “[bjecause of his physical disability and his limited mental capacity to think rationally and articulate ideas, defendant lacked the ability to assist in his own defense, much less conduct it.” The sixth amendment to the United States Constitution grants to a criminal defendant the right to make a defense pro se. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Faretta v. California
green
2 sentences2009“The Sixth Amendment does not provide merely that a defense shall be made for the accused; it grants to the accused personally the right to make his defense. *** The right to defend is given directly to the accused; for it is he who suffers the consequences if the defense fails.” Faretta, 422 U.S. at 819-20 , 45 L. 2009“The Sixth Amendment does not provide merely that a defense shall be made for the accused; it grants to the accused personally the right to make his defense. *** The right to defend is given directly to the accused; for it is he who suffers the consequences if the defense fails.” Faretta, 422 U.S. at 819-20 , 45 L. | 4 | 1987–2024 |
Edgar County Bank & Trust Co. v. Paris Hospital, Inc.
green
2 sentences1986The majority relies upon Edgar County Bank & Trust Co. v. Paris Hospital, Inc. (1974), 57 Ill.2d 298 , but in that case the covenant specifically named the tortfeasor against whom the one giving the covenant was reserving the right to make a claim. 1986The majority relies upon Edgar County Bank & Trust Co. v. Paris Hospital, Inc. (1974), 57 Ill. 2d 298 , but in that case the covenant specifically named the tortfeasor against whom the one giving the covenant was reserving the right to make a claim. | 1 | 1986–1986 |
Neal Institute Co. v. Stuckart
neutral
1 sentence1938In all these situations, as a defense to the sale, the invalidity of the tax could be urged (Neal Institute Co. v. Stuckart, 281 Ill. 526 ; Elmwood Cemetery Co. v. People, 204 id. 468;) and, in all cases where a judgment in personam is sought, the defendant is entitled to personal service of process and the right to make the defense of invalidity of the levy. | 1 | 1938–1938 |
Essley v. Sloan
neutral
1 sentence1931In Crawford v. Nimmons, 180 Ill. 143, 147 , it is said: “The privilege of pleading-usury is personal to the mortgagor and those who are in privity with him, but if there is no agreement or understanding- about it his grantee will have the right to make the defense.” After citing several cases and discussing others the court continues (p. 148): “In Essley v. Sloan, 116 Ill. 391 , the court found, from the evidence, that the incumbrances were figured up and amounted to $7.68 per acre, which amount was counted in to make up the price to be paid for the land. | 1 | 1931–1931 |
Crawford v. Nimmons
green
1 sentence1931In Crawford v. Nimmons, 180 Ill. 143, 147 , it is said: “The privilege of pleading-usury is personal to the mortgagor and those who are in privity with him, but if there is no agreement or understanding- about it his grantee will have the right to make the defense.” After citing several cases and discussing others the court continues (p. 148): “In Essley v. Sloan, 116 Ill. 391 , the court found, from the evidence, that the incumbrances were figured up and amounted to $7.68 per acre, which amount was counted in to make up the price to be paid for the land. | 1 | 1931–1931 |
Sonnemann v. Mertz
neutral
1 sentence1921In Sonnemann v. Mertz, 221 Ill. 362 , it was held that an instruction in an action in ejectment was erroneous which excluded heirs and' privies of the parties to a parol agreement from taking advantage of the Statute of Frauds. | 1 | 1921–1921 |
State ex rel. Stallard v. White
green
1 sentence1907It does not mean that the law guarantees the right to do them at all possible times and under all possible circumstances.” The son of the relator, the college-student in case supra, joined a temperance organization chartered by the state, called the “Good Templars, ’ ’ and was expelled from the college under the rule-for infringing it in so doing, and the Supreme Court, decided that while he had a right to join either the Good Templars of Wheaton College, either the Templars or the college had the right to make a rule expelling him-for violation of its rules that were not “inconsistent, with l | 1 | 1907–1907 |
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.