context of an instructional error (Illinois) · Go Syfert
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context of an instructional error in Illinois

9 Illinois opinions name it 2 courts 1985–2020 0 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. Dennisgreen
ill · 1998 · cited in 5 Illinois opinions naming this issue, 2012–2020
2 sentences

2020People v. Housby, 84 Ill. 2d 415, 433-34 (1981). ¶ 16 Nonetheless, “[i]nstructional errors are reviewed under a harmless error * * * analysis,” and “the test for harmless error in the context of an instructional error is whether the result at trial would have been different had the jury been properly instructed.” People v. Dennis, 181 Ill. 2d 87, 95 (1998). “[T]he harmless error analysis requires, in the first instance, a determination of whether any error occurred-in other words, whether the instruction was correct.

2020App. 3d 923, 929 (2001)). “[T]he test for harmless error in the context of an instructional error is whether the result at trial would have been different had the jury been properly instructed.” People v. Dennis, 181 Ill. 2d 87, 95 (1998) (citing People v. Johnson, 146 Ill. 2d 109, 137 (1991)).

35
People v. Johnsongreen
ill · 1991 · cited in 3 Illinois opinions naming this issue, 1998–2020
2 sentences

2020App. 3d 923, 929 (2001)). “[T]he test for harmless error in the context of an instructional error is whether the result at trial would have been different had the jury been properly instructed.” People v. Dennis, 181 Ill. 2d 87, 95 (1998) (citing People v. Johnson, 146 Ill. 2d 109, 137 (1991)).

1998People v. Johnson, 146 Ill.2d 109, 137 , 165 Ill. Dec. 682 , 585 N.E.2d 78 (1991).

33
People v. Housbygreen
ill · 1981 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020People v. Housby, 84 Ill. 2d 415, 433-34 (1981). ¶ 16 Nonetheless, “[i]nstructional errors are reviewed under a harmless error * * * analysis,” and “the test for harmless error in the context of an instructional error is whether the result at trial would have been different had the jury been properly instructed.” People v. Dennis, 181 Ill. 2d 87, 95 (1998). “[T]he harmless error analysis requires, in the first instance, a determination of whether any error occurred-in other words, whether the instruction was correct.

11
People v. Thurowgreen
ill · 2003 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020Unlike a plain-error analysis, in a harmless-error analysis, the State bears the burden of persuasion and, thus, “must prove beyond a reasonable doubt that the jury verdict would have been the same absent the error.” People v. Thurow, 203 Ill. 2d 352, 363 (2003). ¶ 69 However, similar to a plain-error analysis, the first analytical step in a harmless- error analysis is to determine whether any error occurred.

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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 (3)

CaseCitedYears
People v. Durr green
ill · 2005
1 sentence

2005Recently, our supreme court in People v. Herron, 215 Ill. 2d 167 (2005), and People v. Durr, 215 Ill. 2d 283 (2005), discussed at length the application of the plain error rule in the context of an instructional error.

12005–2005
People v. Herron green
ill · 2005
1 sentence

2005Recently, our supreme court in People v. Herron, 215 Ill. 2d 167 (2005), and People v. Durr, 215 Ill. 2d 283 (2005), discussed at length the application of the plain error rule in the context of an instructional error.

12005–2005
Mileur v. Briggerman neutral
illappct · 1982
2 sentences

1985Although discussed in the context of an instructional error, the court in Mileur v. Briggerman (1982), 110 Ill.

1985Although discussed in the context of an instructional error, the court in Mileur v. Briggerman (1982), 110 Ill.

11985–1985

Where else courts name it

IL 9 (1985–2020) CA 3 (2013–2025)

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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