insufficiency warning (Illinois) · Go Syfert
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insufficiency warning in Illinois

9 Illinois opinions name it 1 courts 1990–2024 3 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 (3)

CaseFollowedCited
Northern Trust Co. v. Upjohn Co.green
illappct · 1991 · cited in 3 Illinois opinions naming this issue, 2011–2022
2 sentences

2022Northern Trust Co. v. Upjohn Co., 213 Ill.

2011Northern Trust Co., 213 Ill.

13
People v. Martingreen
illappct · 2023 · cited in 1 Illinois opinions naming this issue, 2024–2024
2 sentences

2024S. Ct. R. 604(h)(2); 606(d); see Martin, 2023 IL App (4th) 230826, ¶ 19 (“It would be especially inappropriate to overlook the insufficiency of defense counsel’s rote, mechanical, and nonspecific statements that could be (and in our brief experience, have been) applied generically to any Rule 604(h) appeal.”) It is well-established that “supreme court rules have the force of law,” “are not suggestions,” and “are not aspirational.” (Internal quotations and citations omitted.) Martin, 2023 IL App (4th) 230826, ¶ 18 .

2024S. Ct. R. 604(h)(2); 606(d); see Martin, 2023 IL App (4th) 230826, ¶ 19 (“It would be especially inappropriate to overlook the insufficiency of defense counsel’s rote, mechanical, and nonspecific statements that could be (and in our brief experience, have been) applied generically to any Rule 604(h) appeal.”) It is well-established that “supreme court rules have the force of law,” “are not suggestions,” and “are not aspirational.” (Internal quotations and citations omitted.) Martin, 2023 IL App (4th) 230826, ¶ 18 .

11
Dion v. Graduate Hospital of the University of Pennsylvaniagreen
pa · 1987 · cited in 1 Illinois opinions naming this issue, 1991–1991
1 sentence

1991(See Dion v. Graduate Hospital of University of Pennsylvania, 360 Pa. Super, at 426, 520 A.2d at 881 (expert testimony requirement limited to those cases in which the meaning of the warning eludes the comprehension of the ordinary lay person).) Consequently, we must now consider whether expert testimony was required in the present case or whether the alleged failure to warn was of a type that would allow a jury to reach an intelligent conclusion about the adequacy of the warning without the aid of an expert’s specialized knowledge.

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 (3)

CaseCitedYears
People v. Moore green
ill · 2003
2 sentences

2016Moore, 207 Ill. 2d at 78-79 .

2016Moore, 207 Ill. 2d at 78-79 .

22016–2016
People v. Vingara green
illappct · 2023
1 sentence

2023To the extent that the Fifth District’s recent opinion in People v. Vingara, 2023 IL App (5th) 230698, ¶ 12 , suggests that the -8- clear language of Rule 604(h) can be disregarded by employing plain-error analysis, we disagree.

12023–2023
Lemke v. Kenilworth Insurance Co. green
ill · 1985
2 sentences

1990Lemke v. Kenilworth Insurance Co. (1985), 109 Ill. 2d 350, 354-55 , 487 N.E.2d 943 .

1990Lemke v. Kenilworth Insurance Co. (1985), 109 Ill. 2d 350, 354-55 , 487 N.E.2d 943 .

11990–1990

Where else courts name it

WA 24 (2006–2021) CT 20 (1986–2022) TX 19 (1873–2023) PA 15 (1915–2026) DC 15 (1986–2016) NY 13 (1909–2018) OH 13 (1998–2018) CA 10 (1906–2024) IL 9 (1990–2024) LA 7 (2005–2017) IN 6 (1978–2009) UT 5 (2019–2025) KS 4 (1949–2016) IA 4 (1961–2010) MN 3 (1926–2024) MD 3 (1985–2018) NM 3 (2002–2015) MS 3 (1995–2001) NJ 3 (1928–1996) MI 2 (2003–2021) FL 2 (1986–2008) MO 2 (2007–2012) WI 2 (1976–1982) NH 2 (2005–2018) VA 2 (2003–2015)

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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