clarifying instruction (Illinois) · Go Syfert
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clarifying instruction in Illinois

10 Illinois opinions name it 1 courts 1968–2024 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 (3)

CaseFollowedCited
People v. Williamsgreen
illappct · 2017 · cited in 2 Illinois opinions naming this issue, 2020–2020
2 sentences

2020See People v. Williams, 2017 IL App (1st) 142733, ¶ 50 (holding that “[i]t is the defendant’s burden to demonstrate prejudice resulting from an alleged instruction error”). ¶ 71 E.

2020See People v. Williams, 2017 IL App (1st) 142733, ¶ 50 (holding that “[i]t is the defendant’s burden to demonstrate prejudice resulting from an alleged instruction error”). ¶ 71 E.

22
People v. Childsgreen
ill · 1994 · cited in 2 Illinois opinions naming this issue, 2020–2020
2 sentences

2020See People v. Childs, 159 Ill. 2d 217, 229 (1994).

2020See People v. Childs, 159 Ill. 2d 217, 229 (1994).

22
People v. Lewisgreen
ill · 2022 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024See People v. Lewis, 2022 IL 126705, ¶ 69 ; cf. Jones, 2023 IL 6 127810, ¶ 54 (no ineffective assistance found where counsel made a strategic choice to omit a clarifying instruction). ¶ 18 Section 11-401 of the Illinois Vehicle Code (625 ILCS 5/11-401 (West 2020)) provides in relevant part: “(a) The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of th

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 (5)

CaseCitedYears
People v. Powell green
illappct · 1987
2 sentences

2014Defense counsel objected to a clarifying instruction, and the court told the jury, “ ‘so far as the law is concerned, as far as your instructions are concerned, we do not have a separate and distinct definition of intent nor [sic] knowingly.’ ” Id. at 1014 .

2013Defense counsel objected to a clarifying instruction, and the court told the jury, " 'so far as the law is concerned, as far as your instructions are concerned, we do not have a separate and distinct definition of intent nor [sic] knowingly.' " Id. at 1014 .

42004–2014
County Court of Ulster Cty. v. Allen green
scotus · 1979
1 sentence

1992Ed. 2d 777, 792 , 99 S. Ct. 2213, 2225 .) Thus, the instruction here was not sufficiently clarified by an instruction defining the phrase “prima facie evidence,” even if it could have been rendered proper by such a clarifying instruction.

11992–1992
South Dakota v. Neville green
scotus · 1983
1 sentence

1985Ed. 2d 748 , 103 S. Ct. 916 .) We therefore do not agree with defendant that a warning which informs him of the right to remain silent appears so directly at odds with the admonishments required by the implied consent statute that confusion is likely and a clarifying warning is required.

11985–1985
Village of Cary v. Jakubek green
illappct · 1984
1 sentence

1985Moreover, as in Village of Cary v. Jakubek (1984), 121 Ill.

11985–1985
Spencer v. Burns green
ill · 1952
1 sentence

1968When the Supreme Court in Spencer v. Burns, supra, interpreted this as a substantive change, the legislature quickly added the clarifying clause within six months thereafter.

11968–1968

Where else courts name it

CA 168 (1971–2026) WA 15 (1971–2016) MD 12 (1974–2021) MO 10 (1939–1996) IL 10 (1968–2024) HI 8 (1966–1998) OR 8 (2007–2019) CO 8 (1982–2025) PA 7 (1976–2021) AZ 5 (2007–2022) NY 5 (1977–2016) TX 5 (1974–2019) ID 5 (1951–2010) UT 4 (1998–2024) MN 3 (1986–2016) ME 3 (1976–2018) NC 3 (1987–2004) MI 3 (1988–2020) AL 3 (1991–1996) NJ 2 (1991–2017) CT 2 (2017–2017) VA 2 (2002–2023) NM 2 (2011–2020) ND 2 (2013–2013) GA 2 (1988–2023)

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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