defendant claiming error (Illinois) · Go Syfert
← Illinois issues

defendant claiming error in Illinois

10 Illinois opinions name it 2 courts 1984–2024 2 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 (5)

CaseFollowedCited
People v. Bakergreen
ill · 1988 · cited in 2 Illinois opinions naming this issue, 2002–2002
2 sentences

2002App. 3d at 150 ; see also People v. Baker, 123 Ill. 2d 233, 244 (1988) (a defendant claiming the privilege must have a reasonable ground to believe that his answers to questions asked might tend to incriminate him).

2002Dec. 17 , 526 N.E.2d 157 (1988) (a defendant claiming the privilege must have a reasonable ground to believe that his answers to questions asked might tend to incriminate him).

22
Monson v. City of Danvillegreen
ill · 2018 · cited in 2 Illinois opinions naming this issue, 2019–2024
2 sentences

2024Reyes v. Board of Education of City of Chicago, 2019 IL App (1st) 180593 , ¶ 51; see also Monson v. City of Danville, 2018 IL 122486 , ¶ 29. ¶ 26 A policy choice is one which “require[s] the governmental entity or employee to balance competing interests and to make a judgment call as to what solutions will best serve each of those interests.” Van Meter v. Darien Park District, 207 Ill. 2d 359, 379 (2003).

2019Monson, 2018 IL 122486, ¶ 29 .

12
Van Meter v. Darien Park Dist.green
ill · 2003 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024Reyes v. Board of Education of City of Chicago, 2019 IL App (1st) 180593 , ¶ 51; see also Monson v. City of Danville, 2018 IL 122486 , ¶ 29. ¶ 26 A policy choice is one which “require[s] the governmental entity or employee to balance competing interests and to make a judgment call as to what solutions will best serve each of those interests.” Van Meter v. Darien Park District, 207 Ill. 2d 359, 379 (2003).

11
People v. Fasslergreen
ill · 1992 · cited in 1 Illinois opinions naming this issue, 2022–2022
2 sentences

2022See People v. Fassler, 153 Ill. 2d 49, 58 , 605 N.E.2d 576 , - 10 - 580 (1992) (stating that a trial judge has the inherent authority to dismiss a charge when failure to do so would result in a deprivation of due process or a miscarriage of justice); People v. Soliday, 313 Ill.

2022See People v. Fassler, 153 Ill. 2d 49, 58 , 605 N.E.2d 576 , - 10 - 580 (1992) (stating that a trial judge has the inherent authority to dismiss a charge when failure to do so would result in a deprivation of due process or a miscarriage of justice); People v. Soliday, 313 Ill.

11
People v. Hamiltongreen
illappct · 1978 · cited in 1 Illinois opinions naming this issue, 1984–1984
1 sentence

1984App. 3d 229, 232 ; see also People v. Hamilton (1978), 64 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 (5)

CaseCitedYears
People v. Oatis green
illappct · 1977
2 sentences

2005In People v. Oatis (1977), 47 Ill.2d [App.3d] 229, 232 [ 5 Ill.Dec. 618 , 361 N.E.2d 1146 ], the court correctly observed: `[I]n a criminal case when the common law record shows that the defendant has waived jury trial, on appeal after a bench trial, a defendant claiming error in the jury waiver must cite the specific error that occurred and substantiate that claim by the presentation of a sufficient record.

2005In People v. Oatis (1977), 47 Ill.2d [App.3d] 229, 232 [ 5 Ill.Dec. 618 , 361 N.E.2d 1146 ], the court correctly observed: `[I]n a criminal case when the common law record shows that the defendant has waived jury trial, on appeal after a bench trial, a defendant claiming error in the jury waiver must cite the specific error that occurred and substantiate that claim by the presentation of a sufficient record.

31984–2005
People v. Smith green
ill · 1985
2 sentences

2005If the claim is that the jury waiver was not made in open court or that it was not understandingly made, the record should be sufficient to cover all proceedings which involved the waiver.' " Smith , 106 Ill. 2d at 334-35 .

2005If the claim is that the jury waiver was not made in open court or that it was not understandingly made, the record should be sufficient to cover all proceedings which involved the waiver.’ ” Smith, 106 Ill. 2d at 334-35 .

22005–2005
People v. Soliday green
illappct · 2000
1 sentence

2022See People v. Fassler, 153 Ill. 2d 49, 58 , 605 N.E.2d 576 , - 10 - 580 (1992) (stating that a trial judge has the inherent authority to dismiss a charge when failure to do so would result in a deprivation of due process or a miscarriage of justice); People v. Soliday, 313 Ill.

12022–2022
People v. Bowman green
ill · 1990
1 sentence

1993People v. Bowman (1990), 138 Ill. 2d 131, 137 .

11993–1993
People v. Turner green
ill · 1989
1 sentence

1993(People v. Turner (1989), 128 Ill. 2d 540, 550 .) Moreover, a defendant claiming a violation of his right to a speedy trial has the burden of establishing the violation.

11993–1993

Where else courts name it

OH 82 (1981–2026) IN 57 (2000–2024) FL 17 (1969–2020) MN 15 (1981–2019) CA 15 (1989–2024) PA 14 (1980–2025) IL 10 (1984–2024) MI 10 (1975–2026) NJ 9 (1980–2021) MO 7 (1982–2023) WA 6 (2005–2016) LA 5 (1989–2008) TX 5 (1944–2019) WI 4 (2001–2025) SC 3 (2016–2021) NM 3 (2012–2019) NY 3 (1916–1945) MA 3 (2016–2025) CO 2 (1988–2016) ID 2 (2012–2018) NC 2 (1892–1892) MD 2 (2000–2026)

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.

← Caselaw search · G Cite Topics · Brief Check