implausibility defense (Illinois) · Go Syfert
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implausibility defense in Illinois

7 Illinois opinions name it 2 courts 2000–2022 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 (4)

CaseFollowedCited
People v. Camerongreen
illappct · 2012 · cited in 3 Illinois opinions naming this issue, 2018–2022
2 sentences

2022Efforts by the trial court “to test, support, or sustain the defense’s theories” does not amount to burden-shifting, as the trial court “is free to comment on the implausibility of the defense’s theories, as long as it is clear from the record that the trial court applied the proper burden of proof in finding the defendant guilty.” People v. Cameron, 2012 IL App (3d) 110020, ¶ 28 (citing People v. Howery, 178 Ill. 2d 1, 34-35 (1997)). ¶ 50 In sum, we find the State proved beyond a reasonable doubt that defendant had control over the vehicle and knew the gun was present, and thus had constructi

2018See Cameron , 2012 IL App (3d) 110020 , ¶ 28, 364 Ill.Dec. 1000 , 977 N.E.2d 909 ("The trial court is free to comment on the implausibility of the defense's theories, as long as it is clear from the record that the trial court applied the proper burden of proof in finding the defendant guilty.").

33
People v. Hopegreen
ill · 1990 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000See also People v. Hope, 137 Ill. 2d 430 (1990) (in context, the State’s argument was a comment on the implausibility of the defense theory rather than an accusation against defense counsel of fabrication or trickery).

2000See also People v. Hope , 137 Ill. 2d 430 (1990) (in context, the State’s argument was a comment on the implausibility of the defense theory rather than an accusation against defense counsel of fabrication or trickery).

22
People v. Howerygreen
ill · 1997 · cited in 3 Illinois opinions naming this issue, 2012–2022
2 sentences

2022Efforts by the trial court “to test, support, or sustain the defense’s theories” does not amount to burden-shifting, as the trial court “is free to comment on the implausibility of the defense’s theories, as long as it is clear from the record that the trial court applied the proper burden of proof in finding the defendant guilty.” People v. Cameron, 2012 IL App (3d) 110020, ¶ 28 (citing People v. Howery, 178 Ill. 2d 1, 34-35 (1997)). ¶ 50 In sum, we find the State proved beyond a reasonable doubt that defendant had control over the vehicle and knew the gun was present, and thus had constructi

2018Howery, 178 Ill. 2d at 34-35 .

13
People v. Westongreen
illappct · 1995 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022People v. Weston, 271 Ill. App. 3d 604, 616 (1995). ¶ 57 Moreover, the trial court is “free to comment on the implausibility of the defense’s theories, as long as it is clear from the record that the trial court applied the proper burden of proof.” (Internal quotation marks omitted.) People v. Schuit, 2016 IL App (1st) 150312, ¶ 113 (modified upon denial of rehearing).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Statutes the citing opinions construe

IL § 720 ILCS 5/9-1 (3) IL § 730 ILCS 5/5-8-1 (3) IL § 730 ILCS 5/5-8-4 (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 7 (2000–2022) MA 2 (2003–2018)

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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