10 Illinois opinions name it 2 courts 2016–2026 6 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.
| Case | Followed | Cited |
|---|---|---|
People v. Whitersgreen1 sentence2022See, e.g., People v. Whiters, 146 Ill. 2d 437, 441 (1992) (upholding the appellate court’s reversal of a defendant’s voluntary manslaughter conviction and remand for new trial where the trial court denied defendant’s request for an involuntary manslaughter jury instruction, even though evidence was presented from which the jury could have found that the defendant had acted recklessly). ¶ 53 III. | 1 | 1 |
People v. Wardgreen1 sentence2022See People v. Ward, 101 Ill. 2d 443, 451-52 (1984) (“A blow from a bare fist can result in murder where *** there is great disparity in size and strength between the defendant and the victim.”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. McDonald
green
2 sentences2026Thus, an act does not have to be unintentional or accidental to be reckless. ¶ 44 Our supreme court has explained that in deciding whether an involuntary manslaughter jury instruction is warranted, courts may consider several nondispositive factors: “(1) the disparity of size and strength between the defendant and the victim, (2) the duration of the altercation and the severity of the victim’s injuries, (3) whether the defendant used a weapon, (4) whether the defendant inflicted multiple wounds, and (5) whether the victim was defenseless.” McDonald, 2016 IL 118882, ¶ 52 . ¶ 45 The Appellate Co 2022The murder charge alleged that defendant, without lawful justification, knowingly struck the head of R.S. knowing said act created a strong probability of great bodily harm to R.S. thereby causing his death. 720 ILCS 5/9-1(a)(2) (West 2016). “ ‘Knowledge’ is a conscious awareness that one’s conduct is practically certain to cause a particular result.” McDonald, 2016 IL 118882 ¶ 51 . 17 “Certain factors, while not dispositive, may be considered in deciding whether an involuntary manslaughter jury instruction is warranted: (1) the disparity of size and strength between the defendant and the vict | 4 | 2021–2026 |
People v. DiVincenzo
green
2 sentences2017DiVincenzo, 183 Ill. 2d at 250-51 . - 11 - ¶ 53 Defendant notes that the appellate court found some evidence that defendant did not intend to kill Gladney, relying on the fact that both men were of similar size, that two of the three stab wounds were superficial, and that the fatal stab wound to Gladney’s face was some evidence that defendant did not aim for Gladney’s neck. 2016DiVincenzo, 183 Ill. 2d at 250-51 . ¶ 53 Defendant notes that the appellate court found some evidence that defendant did not intend to kill Gladney, relying on the fact that both men were of similar size, that two of the three stab wounds were superficial, and that the fatal stab wound to Gladney’s face was some evidence that defendant did not aim for Gladney’s neck. | 2 | 2016–2017 |
People v. Rogers
green
2 sentences2017Rogers, 197 Ill. 2d at 223 . ¶ 73 First, on the involuntary manslaughter jury instruction, appellate counsel did raise the issue on direct appeal, arguing that when Luis beat Sandra, he was acting under sudden and intense passion stemming from serious provocation. 2017Rogers, 197 Ill. 2d at 223 . ¶ 73 First, on the involuntary manslaughter jury instruction, appellate counsel did raise the issue on direct appeal, arguing that when Luis beat Sandra, he was acting under sudden and intense passion stemming from serious provocation. | 2 | 2017–2017 |
People v. Minniefield
green
1 sentence2025People v. Minniefield, No. 1-08-0649 (2010) (unpublished order under Illinois Supreme Court Rule 23); Minniefield, 2014 IL App (1st) 130535 . | 1 | 2025–2025 |
People v. Beasley
green
1 sentence2021Our supreme court has noted that, while not dispositive, the following factors may be considered in deciding whether an involuntary manslaughter jury instruction is warranted: “(1) the disparity of size and strength between the defendant and the victim, (2) the duration of the altercation and the severity of the victim’s injuries, (3) whether the defendant used a weapon, (4) whether the defendant inflicted multiple wounds, and (5) whether the victim was defenseless.” McDonald, 2016 IL 118882, ¶ 52 . ¶ 42 Defendant contends the facts of his case are similar to People v. Beasley, 2014 IL App (4t | 1 | 2021–2021 |
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.
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.