challenge claim (Illinois) · Go Syfert
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challenge claim in Illinois

11 Illinois opinions name it 2 courts 1951–2024 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.

Followed or applied (7)

CaseFollowedCited
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. Pattersongreen
illappct · 2004 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008See People v. Patterson, 347 Ill.

2008See People v. Patterson, 347 Ill.App.3d 1044, 1054 , 283 Ill.Dec. 871 , 808 N.E.2d 1159 (2004) ("The decision whether to call particular witnesses and the manner and extent of cross-examination are matters of trial strategy and thus will not ordinarily support an ineffective-assistance-of-counsel claim").

22
People v. Jimersongreen
ill · 1989 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See Jimerson, 127 Ill. 2d at 43 . ¶ 37 Second, although defendant challenges the blood test result, claiming that the chain of custody and other foundational elements were lacking, such a challenge is a challenge to the admissibility of the evidence and not a challenge to the sufficiency of the evidence.

11
People v. Muhammadgreen
illappct · 2010 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See People v. Woods, 214 Ill. 2d 455, 471 (2005) (rejecting the notion that a defendant’s challenge to the chain of custody was a question of the sufficiency of the evidence); People v. Muhammad, 398 Ill.

11
People v. Woodsgreen
ill · 2005 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See People v. Woods, 214 Ill. 2d 455, 471 (2005) (rejecting the notion that a defendant’s challenge to the chain of custody was a question of the sufficiency of the evidence); People v. Muhammad, 398 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 (7)

CaseCitedYears
People v. Cosby green
illappct · 1999
2 sentences

2002A challenge under this clause may be made on any one of three bases, only one of which is raised here: “ ‘a penalty violates the proportionate penalties clause if it is “cruel,” “degrading” or so “wholly disproportionate to the offense committed as to shock the moral sense of the community.” ’ [Citation.]” Cosby, 305 Ill.

2002A challenge under this clause may be made on any one of three bases, only one of which is raised here: "`a penalty violates the proportionate penalties clause if it is cruel, degrading or so wholly disproportionate to the offense committed as to shock the moral sense of the community.' [Citation.]" Cosby, 305 Ill.App.3d at 225 , 238 Ill.Dec. 513 , 711 N.E.2d 1174 .

22002–2002
People v. Smith green
ill · 2019
1 sentence

2024Smith, 2019 IL 123901, ¶ 14 . ¶ 28 Defendant points out that the mittimus entered by the circuit court does not specify whether defendant pleaded guilty to financial exploitation of an elderly person pursuant to subsection (a)(1) (requiring deception or intimidation) or (a)(2) (requiring only illegal use of asset or resource).

12024–2024
The PEOPLE v. Derengowski green
ill · 1970
1 sentence

1971As we put it in People v. Derengowski, 44 Ill.2d 476 , 479: “Furthermore, it is not within the view of the Act to have claims determined which could have been presented on direct review of the conviction.

11971–1971
The People v. McElroy green
ill · 1964
1 sentence

1965People v. McElroy, 30 Ill2d 286, 196 NE2d 651 , and People v. Smith, 24 Ill2d 198, 181 NE2d 77 .

11965–1965
The PEOPLE v. Smith green
ill · 1962
1 sentence

1965People v. McElroy, 30 Ill2d 286, 196 NE2d 651 , and People v. Smith, 24 Ill2d 198, 181 NE2d 77 .

11965–1965
The People v. Gibson green
ill · 1944
1 sentence

1951A challenge to an instruction identical to the one here given was overruled by this court in People v. Tamborski, 356 Ill. 11 , and in People v. Gibson, 385 Ill. 371 , where it was held that this same instruction on self-defense was not subject to criticism.

11951–1951
The People v. Tamborski neutral
ill · 1934
1 sentence

1951A challenge to an instruction identical to the one here given was overruled by this court in People v. Tamborski, 356 Ill. 11 , and in People v. Gibson, 385 Ill. 371 , where it was held that this same instruction on self-defense was not subject to criticism.

11951–1951

Where else courts name it

CA 42 (1978–2025) OR 23 (2000–2025) IN 20 (1976–2014) WA 20 (1941–2025) NY 18 (1940–2026) TX 16 (1997–2023) UT 16 (2004–2020) PA 15 (1974–2026) MI 13 (1978–2025) IL 11 (1951–2024) IA 11 (1974–2024) OH 9 (1983–2021) MO 9 (1967–2024) MA 8 (1986–2026) WI 7 (2004–2019) FL 7 (1990–2016) NC 6 (2013–2020) VA 6 (1991–2016) CO 6 (1995–2025) KS 5 (2016–2019) MT 5 (1931–2011) DC 4 (1997–2024) GA 3 (1984–2018) OK 3 (1987–2001) CT 3 (1977–1997) LA 3 (1994–2014) SD 3 (1977–1992) DE 3 (2016–2023) MD 2 (1997–2000) AZ 2 (2000–2019) MS 2 (1986–2026) NH 2 (1983–2016) AR 2 (2001–2003) NE 2 (1974–1983) AL 2 (1991–2017) ND 2 (1988–2023) RI 2 (2012–2012) AK 2 (1988–2020) NJ 2 (2009–2012) NM 2 (1990–2012)

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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