Weaver rule (Illinois) · Go Syfert
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Weaver rule in Illinois

10 Illinois opinions name it 2 courts 1990–2021 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 (2)

CaseFollowedCited
Simpson v. Office of the Chief Judge of the Circuit Courtgreen
ca7 · 2009 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017See Simpson v. Office of the Chief Judge, 559 F.3d 706, 714-15 (7th Cir. 2009) (defendants’ conduct in terminating plaintiff’s employment while plaintiff was on medical leave did not violate FMLA because charges of wrongdoing leveled against plaintiff justified her termination, regardless of her leave); Kohls v. Beverly Enterprises Wisconsin, Inc., 259 F.3d 799, 805 (7th Cir. 2001) (“an employee may be fired for poor performance when she would have been fired for such performance even absent her leave”). -7­ No. 1-16-1674 ¶ 19 Notwithstanding her failure to pursue this argument on appeal, Weav

2017See Simpson v. Office of the Chief Judge, 559 F.3d 706, 714-15 (7th Cir. 2009) (defendants’ conduct in terminating plaintiff’s employment while plaintiff was on medical leave did not violate FMLA because charges of wrongdoing leveled against plaintiff justified her termination, regardless of her leave); Kohls v. Beverly Enterprises Wisconsin, Inc., 259 F.3d 799, 805 (7th Cir. 2001) (“an employee may be fired for poor performance when she would have been fired for such performance even absent her leave”). ¶ 19 Notwithstanding her failure to pursue this argument on appeal, Weaver’s brief alludes

22
Amy Kohls v. Beverly Enterprises Wisconsin, Inc. D/B/A Maple Manor Healthcaregreen
ca7 · 2001 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017See Simpson v. Office of the Chief Judge, 559 F.3d 706, 714-15 (7th Cir. 2009) (defendants’ conduct in terminating plaintiff’s employment while plaintiff was on medical leave did not violate FMLA because charges of wrongdoing leveled against plaintiff justified her termination, regardless of her leave); Kohls v. Beverly Enterprises Wisconsin, Inc., 259 F.3d 799, 805 (7th Cir. 2001) (“an employee may be fired for poor performance when she would have been fired for such performance even absent her leave”). -7­ No. 1-16-1674 ¶ 19 Notwithstanding her failure to pursue this argument on appeal, Weav

2017See Simpson v. Office of the Chief Judge, 559 F.3d 706, 714-15 (7th Cir. 2009) (defendants’ conduct in terminating plaintiff’s employment while plaintiff was on medical leave did not violate FMLA because charges of wrongdoing leveled against plaintiff justified her termination, regardless of her leave); Kohls v. Beverly Enterprises Wisconsin, Inc., 259 F.3d 799, 805 (7th Cir. 2001) (“an employee may be fired for poor performance when she would have been fired for such performance even absent her leave”). ¶ 19 Notwithstanding her failure to pursue this argument on appeal, Weaver’s brief alludes

22

Distinguished, questioned or overruled (1)

CaseNegativeCited
People v. Bradfordgreen
ill · 2016 · cited in 3 Illinois opinions naming this issue, 2019–2021
2 sentences

2021We agree with Moore and find that the instant appellate court decision erroneously speculated that the retail theft statute would be rendered a nullity if the long-standing Weaver rule continued to apply. ¶ 30 Bradford’s final reason for refusing to extend the limited authority doctrine to burglary by remaining was that it would be “at odds with the historical development of the burglary statute.” Bradford, 2016 IL 118674, ¶ 29 .

2021We agree with Moore and find that the instant appellate court decision erroneously speculated that the retail theft statute would be rendered a nullity if the long-standing Weaver rule continued to apply. ¶ 30 Bradford’s final reason for refusing to extend the limited authority doctrine to burglary by remaining was that it would be “at odds with the historical development of the burglary statute.” Bradford, 2016 IL 118674, ¶ 29 .

13

Also cited on this issue (5)

CaseCitedYears
The PEOPLE v. Weaver green
ill · 1968
2 sentences

2021We observed that “[a]n entry with intent to commit a theft cannot be said to be within the authority granted patrons of a laundromat.” Id. ¶ 61 The majority would apply the Weaver rule here, asserting that our holding in that case rested entirely on the defendant’s criminal intent at the time he entered the building.

2021We observed that “[a]n entry with intent to commit a theft cannot be said to be within the authority granted patrons of a laundromat.” Id. ¶ 61 The majority would apply the Weaver rule here, asserting that our holding in that case rested entirely on the defendant’s criminal intent at the time he entered the building.

52014–2021
People v. Drake green
illappct · 1988
2 sentences

2014This court held, pursuant to Weaver, that the defendant's entry was without authority even though the building was open to the general public because the "[d]efendant did not have authority to enter the grocery store to commit a forgery." Id. at 1028 , 527 N.E.2d at 520 (citing Weaver, 41 Ill. 2d at 439 , 243 N.E.2d at 248 ). ¶ 28 Clearly, Weaver and the above cases which adopted Weaver's analysis all involved the offense of burglary by unlawful entry, whereas the defendant in the present case was convicted of burglary by unlawfully remaining.

2014This court held, pursuant to Weaver, that the defendant's entry was without authority even though the building was open to the general public because the "[d]efendant did not have authority to enter the grocery store to commit a forgery." Id. at 1028 , 527 N.E.2d at 520 (citing Weaver, 41 Ill. 2d at 439 , 243 N.E.2d at 248 ). ¶ 28 Clearly, Weaver and the above cases which adopted Weaver's analysis all involved the offense of burglary by unlawful entry, whereas the defendant in the present case was convicted of burglary by unlawfully remaining.

32014–2014
Boswell v. City of Chicago green
illappct · 2016
2 sentences

2017Boswell v. City of Chicago, 2016 IL App (1st) 150871, ¶ 31 . ¶ 24 We do not believe Weaver’s case presents extraordinary or compelling circumstances, but even assuming that the doctrine of promissory estoppel is applicable, Weaver’s claim nevertheless fails.

2017Boswell v. City of Chicago, 2016 IL App (1st) 150871, ¶ 31 . ¶ 24 We do not believe Weaver’s case presents extraordinary or compelling circumstances, but even assuming that the doctrine of promissory estoppel is applicable, Weaver’s claim nevertheless fails.

22017–2017
People v. Johnson green
illappct · 1985
2 sentences

1992Defendant argues that the case at bar is remarkably similar to People v. Johnson (1985), 138 Ill.

1992Defendant argues that the case at bar is remarkably similar to People v. Johnson (1985), 138 Ill.

11992–1992
Broussard v. Huffman Manufacturing Co. green
illappct · 1982
1 sentence

1990App. 3d 356 , 438 N.E.2d 1217 .) Since Baltus put his competence as an expert in issue in his response to Weaver’s motion to bar experts for lack of disclosure, he had the burden of presenting himself as a qualified expert on the material issues.

11990–1990

Statutes the citing opinions construe

IL § 720 ILCS 5/19-1 (6) IL § 55 ILCS 5/4-2002 (3) IL § 705 ILCS 105/27.3a (3) IL § 730 ILCS 110/15.1 (3)

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

IL 10 (1990–2021) CA 9 (1985–2026) AL 8 (1968–2017) PA 7 (1963–2022) MT 7 (1990–2009) GA 6 (2001–2024) IN 5 (2000–2025) NY 3 (2015–2015) SD 3 (1987–2002) FL 3 (1985–2015) MD 3 (1994–2018) IA 3 (1998–2009) MI 2 (2005–2009) AZ 2 (1992–2018) AR 2 (2004–2008) SC 2 (1993–2025) CO 2 (1992–2024) KS 2 (1998–2021) WA 2 (1990–2019) OH 2 (2018–2025) MS 2 (2001–2003) TX 2 (1992–2025) VA 2 (2003–2025)

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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