defendant made claim (Illinois) · Go Syfert
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defendant made claim in Illinois

11 Illinois opinions name it 2 courts 1936–2023 3 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 (1)

CaseFollowedCited
People v. Colemangreen
ill · 1998 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021The proportionate penalties clause claim was raised for the first time in his brief on appeal. ¶ 11 In People v. Coleman, 183 Ill. 2d 366, 388 (1998), the supreme court held that “[t]he question raised in an appeal from an order dismissing a post-conviction petition is whether the allegations in the petition, liberally construed and taken as true, are sufficient to invoke relief under the Act.” In People v. Jones, 211 Ill. 2d 140 , 148 (1998), the supreme court, citing Coleman as authority, held that any issue to be reviewed on appeal must be presented in the petition filed in the circuit cour

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 (13)

CaseCitedYears
Supreme Hive Ladies of the Maccabees of the World v. Harrington green
ill · 1907
2 sentences

1984If the defendant appears and makes a motion or files a plea or takes any other step which the court would have no power to dispose of without jurisdiction of the defendant’s person, such action on the part of the defendant will be a submission of his person to the jurisdiction of the court and will be a waiver of any objections to the jurisdiction.” (Supreme Hive Ladies of the Maccabees of the World v. Harrington (1907), 227 Ill. 511, 525 , 81 N.E. 533 .) The question before us then is whether the minor respondents in the instant cases did any act which recognized the power of the court to act

1984If the defendant appears and makes a motion or files a plea or takes any other step which the court would have no power to dispose of without jurisdiction of the defendant’s person, such action on the part of the defendant will be a submission of his person to the jurisdiction of the court and will be a waiver of any objections to the jurisdiction.” (Supreme Hive Ladies of the Maccabees of the World v. Harrington (1907), 227 Ill. 511, 525 , 81 N.E. 533 .) The question before us then is whether the minor respondents in the instant cases did any act which recognized the power of the court to act

21984–1984
People v. Polk green
illappct · 2004
2 sentences

2023Id. ¶ 50 The State argued that remand would be a waste of judicial resources because the trial court had considered all of the evidence in mitigation and that the defendant made no claim that the trial court committed a sentencing error.

2023Id. at 764 . ¶ 51 The Polk court first distinguished Williams on the basis that the defendant in Williams did not identify any specific sentencing issues that he was unable to raise due to the trial court’s incomplete admonishments.

12023–2023
People v. Jones green
ill · 2004
1 sentence

2021The proportionate penalties clause claim was raised for the first time in his brief on appeal. ¶ 11 In People v. Coleman, 183 Ill. 2d 366, 388 (1998), the supreme court held that “[t]he question raised in an appeal from an order dismissing a post-conviction petition is whether the allegations in the petition, liberally construed and taken as true, are sufficient to invoke relief under the Act.” In People v. Jones, 211 Ill. 2d 140 , 148 (1998), the supreme court, citing Coleman as authority, held that any issue to be reviewed on appeal must be presented in the petition filed in the circuit cour

12021–2021
People v. Wright green
ill · 2017
1 sentence

2021People v. Wright, 2017 IL 119561, ¶ 41 .

12021–2021
People v. Bannister green
ill · 2008
1 sentence

2020Id.

12020–2020
Leonardi v. Loyola University of Chicago green
ill · 1995
2 sentences

2018In light of these decisions, we do not see how we can accept plaintiff's argument, and the trial court's conclusion, that the sole proximate cause theory is inapplicable when a defendant claims that two different nonparties' negligence was the sole proximate cause of a plaintiff's injuries. ¶ 45 It is no distinction that Nolan never specifically discussed the propriety of the jury instruction that corresponds to the sole proximate cause theory, the second paragraph of IPI Civil No. 12.04 ; if there is sufficient evidence to support the sole proximate cause theory at trial, "the defendant is en

2018In light of these decisions, we do not see how we can accept plaintiff's argument, and the trial court's conclusion, that the sole proximate cause theory is inapplicable when a defendant claims that two different nonparties' negligence was the sole proximate cause of a plaintiff's injuries. ¶ 45 It is no distinction that Nolan never specifically discussed the propriety of the jury instruction that corresponds to the sole proximate cause theory, the second paragraph of IPI Civil No. 12.04 ; if there is sufficient evidence to support the sole proximate cause theory at trial, "the defendant is en

12018–2018
People v. Haynes green
ill · 1996
1 sentence

2015Id.

12015–2015
People v. Morgan green
ill · 1991
1 sentence

1992The defendant made this claim in spite of this court’s decisions in People v. Morgan (1991), 142 Ill. 2d 410 , and People v. Hope (1990), 137 Ill. 2d 430 (trial court’s refusal to life-qualify jurors on a motion by defendant held not to constitute per se error).

11992–1992
People v. Hope green
ill · 1990
1 sentence

1992The defendant made this claim in spite of this court’s decisions in People v. Morgan (1991), 142 Ill. 2d 410 , and People v. Hope (1990), 137 Ill. 2d 430 (trial court’s refusal to life-qualify jurors on a motion by defendant held not to constitute per se error).

11992–1992
Ford v. CONTINENTAL ILL. NAT. BK. & T. CO. green
illappct · 1974
1 sentence

1984If the defendant appears and makes a motion or files a plea or takes any other step which the court would have no power to dispose of without jurisdiction of the defendant's person, such action on the part of the defendant will be a submission of his person to the jurisdiction of the court and will be a waiver of any objections to the jurisdiction." ( Supreme Hive Ladies of the Maccabees of the World v. Harrington (1907), 227 Ill. 511, 525 , 81 N.E. 533 .) The question before us then is whether the minor respondents in the instant cases did any act which recognized the power of the court to ac

11984–1984
Lord v. Hubert green
ill · 1957
2 sentences

1984If the defendant appears and makes a motion or files a plea or takes any other step which the court would have no power to dispose of without jurisdiction of the defendant's person, such action on the part of the defendant will be a submission of his person to the jurisdiction of the court and will be a waiver of any objections to the jurisdiction." ( Supreme Hive Ladies of the Maccabees of the World v. Harrington (1907), 227 Ill. 511, 525 , 81 N.E. 533 .) The question before us then is whether the minor respondents in the instant cases did any act which recognized the power of the court to ac

1984If the defendant appears and makes a motion or files a plea or takes any other step which the court would have no power to dispose of without jurisdiction of the defendant's person, such action on the part of the defendant will be a submission of his person to the jurisdiction of the court and will be a waiver of any objections to the jurisdiction." ( Supreme Hive Ladies of the Maccabees of the World v. Harrington (1907), 227 Ill. 511, 525 , 81 N.E. 533 .) The question before us then is whether the minor respondents in the instant cases did any act which recognized the power of the court to ac

11984–1984
People v. Joyner green
illappct · 1982
2 sentences

1984We note in passing that the defendant made no challenge to the array, as was the case in People v. Joyner (1982), 109 Ill.

1984App. 3d 1083 , 441 N.E.2d 1214 .

11984–1984
Royal Circle v. Achterrath neutral
ohioctapp · 1903
1 sentence

1936Royal Circle v. Achterrath, 204 Ill. 549 , is cited in support.

11936–1936

Where else courts name it

CT 23 (1936–2025) NY 12 (1871–2016) IL 11 (1936–2023) MA 10 (1984–2023) TX 10 (1967–2014) SC 5 (1991–2022) NC 4 (1933–2016) IN 4 (2013–2020) AR 4 (1993–2010) VT 3 (1868–2005) OR 3 (1957–1989) MN 3 (1970–2001) CO 3 (1912–2026) OH 2 (1984–2000) KS 2 (1910–1974) NH 2 (1999–2007) AL 2 (1912–1986) HI 2 (1960–2013) OK 2 (1954–1962) WI 2 (1989–2014) MI 2 (1878–1926) MO 2 (1911–1938) FL 2 (1997–2009) GA 2 (1965–2020) MD 2 (1940–2008)

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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