nearly identical instruction (Illinois) · Go Syfert
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nearly identical instruction in Illinois

11 Illinois opinions name it 1 courts 2010–2023 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 (4)

CaseFollowedCited
People v. Pomykalagreen
ill · 2003 · cited in 4 Illinois opinions naming this issue, 2015–2015
2 sentences

2015See People v. Leach, 2012 IL 111534, ¶ 141 (harmless error "certainly cannot rise to the level of plain error"); People v. Pomykala, 203 Ill. 2d 198, 210 (2003) (error in jury instructions will be considered harmless if result of trial would not have been different if jury had been - 20 - No. 1-12-0958 properly instructed).

2015See People v. Leach, 2012 IL 111534, ¶ 141 (harmless error "certainly cannot rise to the level of plain error"); People v. Pomykala, 203 Ill. 2d 198, 210 (2003) (error in jury instructions - 20 - No. 1-12-0958 will be considered harmless if result of trial would not have been different if jury had been properly instructed).

44
People v. Leachgreen
ill · 2012 · cited in 4 Illinois opinions naming this issue, 2015–2015
2 sentences

2015See People v. Leach, 2012 IL 111534, ¶ 141 (harmless error "certainly cannot rise to the level of plain error"); People v. Pomykala, 203 Ill. 2d 198, 210 (2003) (error in jury instructions will be considered harmless if result of trial would not have been different if jury had been - 20 - No. 1-12-0958 properly instructed).

2015See People v. Leach, 2012 IL 111534, ¶ 141 (harmless error "certainly cannot rise to the level of plain error"); People v. Pomykala, 203 Ill. 2d 198, 210 (2003) (error in jury instructions - 20 - No. 1-12-0958 will be considered harmless if result of trial would not have been different if jury had been properly instructed).

44
People v. Bakergreen
illappct · 2023 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023Id. at ___, 142 S. Ct. at 2137 . ¶ 27 The same panel as in this case (with Presiding Justice Oden Johnson writing the unanimous opinion) recently addressed a nearly identical claim in People v. Baker, 2023 IL App (1st) 220328, ¶¶ 2, 16-17 , where the defendant claimed that the UUWF was unconstitutional as applied to him.

11
People v. Mitchemgreen
illappct · 2019 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See Mitchem, 2019 IL App (1st) 162257, ¶¶ 26-27 .

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 (4)

CaseCitedYears
Czarnecki v. Uno-Ven Co. green
illappct · 2003
2 sentences

2010In addition, “plaintiffs original decision to file in Will County, his voluntary dismissal on the brink of trial, and the subsequent filing of a nearly identical claim in Cook County strongly implies that plaintiff is engaging in impermissible forum shopping.” Czarnecki, 339 Ill.

2010In addition, “plaintiff’s original decision to file in Will County, his voluntary dismissal on the brink of trial, and the subsequent filing of a nearly identical claim in Cook County strongly implies that plaintiff is engaging in impermissible forum shopping.” Czarnecki, 339 Ill.

42010–2010
New York State Rifle & Pistol Assn., Inc. v. Bruen green
scotus · 2022
2 sentences

2023Id. at ___, 142 S. Ct. at 2137 . ¶ 27 The same panel as in this case (with Presiding Justice Oden Johnson writing the unanimous opinion) recently addressed a nearly identical claim in People v. Baker, 2023 IL App (1st) 220328, ¶¶ 2, 16-17 , where the defendant claimed that the UUWF was unconstitutional as applied to him.

2023Id. at ___, 142 S. Ct. at 2137 . ¶ 27 The same panel as in this case (with Presiding Justice Oden Johnson writing the unanimous opinion) recently addressed a nearly identical claim in People v. Baker, 2023 IL App (1st) 220328, ¶¶ 2, 16-17 , where the defendant claimed that the UUWF was unconstitutional as applied to him.

12023–2023
People v. Johnson green
illappct · 2008
1 sentence

2015Yet, the majority concludes that defendant cannot show any serious risk that the jury misunderstood the law because the court gave a nearly identical instruction to IPI 3.06-3.07. ¶ 170 I would note additionally, that the court in People v. Johnson, 385 Ill.

12015–2015
People v. Patterson green
ill · 2014
1 sentence

2015Where there need not be "absolute symmetry" in sentencing, and where the legislature has clearly expressed that the purpose of the Act is the rehabilitation of the minor as well as 24 1-14-3316 "promot[ing] a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system that will protect the community, impose accountability for violations of law and equip juvenile offenders with competencies to live responsibly and productively" (705 ILCS 405/5-101 (West 2012)); and where our supreme court has instructed that the Roper, Graham, and Miller decisions are closely l

12015–2015

Statutes the citing opinions construe

IL § 705 ILCS 405/5-130 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 27 (1995–2025) PA 21 (1999–2026) IN 16 (1976–2025) IL 11 (2010–2023) WA 9 (1987–2019) MO 9 (1994–2019) CT 8 (1970–2021) FL 8 (1996–2019) MS 8 (1990–2025) OH 7 (1987–2026) NY 6 (1987–2026) IA 5 (1986–2021) OR 5 (1990–2025) TX 4 (1986–2004) AZ 4 (1970–2024) MI 3 (1974–2018) MD 3 (1985–2013) MA 3 (1995–2016) UT 3 (1997–2019) DE 3 (2015–2025) ID 3 (1994–2026) NC 2 (2001–2015) MT 2 (2002–2006) MN 2 (1991–2016)

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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