67 Illinois opinions name it 2 courts 1978–2026 11 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 |
|---|---|---|
Buehler v. Whalengreen2 sentences2026See Buehler v. Whalen, 70 Ill. 2d 51, 67 (“Our discovery procedures are meaningless unless a violation entails a penalty proportionate to the gravity of the violation.”). ¶ 70 In short, an application of the Shimanovsky factors in this case demonstrates that the trial court properly exercised its discretion in concluding that the imposition of sanctions was warranted. 2010See Buehler v. Whalen, 70 Ill. 2d 51, 67 (1977) (“Our discovery procedures are meaningless unless a violation entails a penalty proportionate to the gravity of the violation. | 8 | 22 |
In Re IFC Credit Corp.green2 sentences2017The actions taken by plaintiff were for the limited purpose of preserving her legal rights and those of the decedent’s next of kin and were not performed in the general prosecution of the lawsuit. ¶ 27 In addition, the Seventh Circuit Court of Appeals has determined that the sanction for violating the nullity rule “should be proportioned to the gravity of the violation’s consequences.” In re IFC Credit Corp., 663 F.3d 315, 321 (7th Cir. 2011). 2017The actions taken by plaintiff were for the limited purpose of preserving her legal rights and those of the decedent's next-of-kin, and were not performed in the general prosecution of the lawsuit. ¶ 27 In addition, the Seventh Circuit Court of Appeals has determined that the sanction for violating the nullity rule "should be proportioned to the gravity of the violation's consequences." In re IFC Credit Corp., 663 F. 3d 315, 321 (7th Cir. 2011). | 4 | 5 |
People v. Durrgreen2 sentences2026Jan. 1, 1967)), under which “[p]lain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the trial court,” and we construe them “identically.” People v. Hartfield, 2022 IL 126729, ¶ 49 (citing Herron, 215 Ill. 2d at 175 ); see also People v. Sargent, 239 Ill. 2d 166, 189 (2010); People v. Durr, 215 Ill. 2d 283, 296-97 (2005). 25 No. 1-23-2093 ¶ 69 Under the plain error doctrine, a reviewing court may consider an unpreserved error when there was a clear and obvious error and either (1) the evidence was so closely balanced that the err 2024People v. Durr, 215 Ill. 2d 283, 296-97 (2005). ¶ 78 Under the plain error doctrine, we may consider an unpreserved error when there was a clear and obvious error and either (1) the evidence was so closely balanced that the error itself threatened to tip the scales of justice against the defendant, regardless of the gravity of the error, or (2) the error was so serious that it resulted in an unfair trial to the defendant and challenged the integrity of the judicial process, regardless of the closeness of the evidence. | 2 | 2 |
People v. Nelsongreen2 sentences2018See Nelson , 235 Ill. 2d at 435 , 337 Ill.Dec. 479 , 922 N.E.2d 1056 . ¶ 38 While we reverse and remand for a new trial on the basis of the improper admission of the altered arrest photo, because we find the evidence was sufficient to convict defendant beyond a reasonable doubt, there are no double jeopardy concerns in remanding the case for a new trial. 2018See Nelson , 235 Ill. 2d at 435 , 337 Ill.Dec. 479 , 922 N.E.2d 1056 . ¶ 38 While we reverse and remand for a new trial on the basis of the improper admission of the altered arrest photo, because we find the evidence was sufficient to convict defendant beyond a reasonable doubt, there are no double jeopardy concerns in remanding the case for a new trial. | 2 | 2 |
Gonzalez v. Nissan North America, Inc.green2 sentences2016Gonzalez v. Nissan North America, Inc., 369 Ill. 2015Gonzalez v. Nissan North America, Inc., 369 Ill. | 2 | 2 |
People v. Kiddgreen2 sentences2011People v. Kidd, 178 Ill.2d 92, 104-05 , 227 Ill.Dec. 463 , 687 N.E.2d 945, 952 (1997). 2011People v. Kidd, 178 Ill.2d 92, 104-05 , 227 Ill.Dec. 463 , 687 N.E.2d 945, 952 (1997). | 2 | 2 |
United States v. Joseph Mark Andrewsgreen2 sentences2000See Andrews, 895 F.2d at 409 . 2000See Andrews, 895 F.2d at 409 . | 2 | 2 |
People v. Hallgreen2 sentences2021Id. at 335 . 2021People v. Hall, 194 Ill. 2d 305, 335 (2000). | 1 | 3 |
People v. Hartfieldgreen2 sentences2026Jan. 1, 1967)), under which “[p]lain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the trial court,” and we construe them “identically.” People v. Hartfield, 2022 IL 126729, ¶ 49 (citing Herron, 215 Ill. 2d at 175 ); see also People v. Sargent, 239 Ill. 2d 166, 189 (2010); People v. Durr, 215 Ill. 2d 283, 296-97 (2005). 25 No. 1-23-2093 ¶ 69 Under the plain error doctrine, a reviewing court may consider an unpreserved error when there was a clear and obvious error and either (1) the evidence was so closely balanced that the err 2024We reject the analogy as unsound because the speedy trial statute implements a constitutional right (People v. Hartfield, 2022 IL 126729, ¶ 32 ) and article 104 implements a civil statutory right and implementing a similar remedy for an untimely discharge hearing would only read into article 104 a provision neither included by the legislature (Grant, 2022 IL 126824, ¶ 25 ) nor required by the gravity of the violation. ¶ 53 Accordingly, for the foregoing reasons, we reject defendant’s contention that he is entitled to reversal of the trial court’s finding of not not guilty due to any untimeline | 1 | 2 |
People v. Herrongreen2 sentences2026Jan. 1, 1967)), under which “[p]lain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the trial court,” and we construe them “identically.” People v. Hartfield, 2022 IL 126729, ¶ 49 (citing Herron, 215 Ill. 2d at 175 ); see also People v. Sargent, 239 Ill. 2d 166, 189 (2010); People v. Durr, 215 Ill. 2d 283, 296-97 (2005). 25 No. 1-23-2093 ¶ 69 Under the plain error doctrine, a reviewing court may consider an unpreserved error when there was a clear and obvious error and either (1) the evidence was so closely balanced that the err 2016For the reasons that follow, I find that the latter formulation is the more logical recitation. ¶ 35 The necessity of my conclusion is illustrated by the oft-quoted but contradictory case of Herron, 215 Ill. 2d at 178, 187 . | 1 | 2 |
People v. Sargentgreen1 sentence2026Jan. 1, 1967)), under which “[p]lain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the trial court,” and we construe them “identically.” People v. Hartfield, 2022 IL 126729, ¶ 49 (citing Herron, 215 Ill. 2d at 175 ); see also People v. Sargent, 239 Ill. 2d 166, 189 (2010); People v. Durr, 215 Ill. 2d 283, 296-97 (2005). 25 No. 1-23-2093 ¶ 69 Under the plain error doctrine, a reviewing court may consider an unpreserved error when there was a clear and obvious error and either (1) the evidence was so closely balanced that the err | 1 | 1 |
In Re Marriage of Laigreen1 sentence2023In fact, the record is devoid of any request for the missing information by Mr. Harris prior to requesting sanctions. ¶ 66 “Sanctions must be proportionate to the gravity of the violation.” In re Marriage of Lai, 253 Ill. | 1 | 1 |
People v. Williamsgreen2 sentences2012I, § 8. *** The gravity of a waiver [of counsel] requires a trial court to fully inform a defendant of both the nature of the right being abandoned and the consequences of the decision.” People v. Black, 2011 IL App (5th) 080089, ¶ 11 , 953 N.E.2d 958 . ¶ 40 In reaching this decision, we have considered what the Supreme Court of Illinois wrote 30 years ago in People v. Williams, 92 Ill. 2d 109, 118 , 440 N.E.2d 843, 847 (1982): “[W]here a defendant who is financially able to engage counsel has been instructed to do so within a certain and reasonable time, but he fails to do so and does not sho 2012I, § 8. *** The gravity of a waiver [of counsel] requires a trial court to fully inform a defendant of both the nature of the right being abandoned and the consequences of the decision.” People v. Black, 2011 IL App (5th) 080089, ¶ 11 , 953 N.E.2d 958 . ¶ 40 In reaching this decision, we have considered what the Supreme Court of Illinois wrote 30 years ago in People v. Williams, 92 Ill. 2d 109, 118 , 440 N.E.2d 843, 847 (1982): “[W]here a defendant who is financially able to engage counsel has been instructed to do so within a certain and reasonable time, but he fails to do so and does not sho | 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. Sebby
green
2 sentences2026People v. Sebby, 2017 IL 119445 , ¶ 48. 2024People v. Sebby, 2017 IL 119445, ¶ 48 . | 9 | 2019–2026 |
People v. Black
green
2 sentences2015“The gravity of a waiver requires a trial court to fully inform a defendant of both the nature of the right being abandoned and the consequences of the decision.” Id. 2015“The gravity of a waiver requires a trial court to fully inform a defendant of both the nature of the right being abandoned and the consequences of the decision.” Id. | 4 | 2012–2015 |
Spiller v. Continental Tube Co.
green
2 sentences1993(Spiller v. Continental Tube Co. (1983), 95 Ill. 2d 423, 430-31 , 447 N.E.2d 834 .) Here, default, the harshest sanction available to the court, was the first sanction entered. 1993(Spiller v. Continental Tube Co. (1983), 95 Ill. 2d 423, 430-31 , 447 N.E.2d 834 .) Here, default, the harshest sanction available to the court, was the first sanction entered. | 3 | 1986–1993 |
People v. Davis
green
2 sentences2019Even though the defendant forfeited this issue by failing to raise it in his motion to withdraw his guilty plea, the supreme court stated, “Due to the gravity of the error, and in the interests of justice, we believe defendant’s failure to raise the issue in his motion does not waive it on appeal.” Davis, 145 Ill. 2d at 251 , 582 N.E.2d at 719 . 2019Even though the defendant forfeited this issue by failing to raise it in his motion to withdraw his guilty plea, the supreme court stated, “Due to the gravity of the error, and in the interests of justice, we believe defendant’s failure to raise the issue in his motion does not waive it on appeal.” Davis, 145 Ill. 2d at 251 , 582 N.E.2d at 719 . | 2 | 2019–2020 |
Servbest Foods, Inc. v. Emessee Industries, Inc.
green
2 sentences1987App. 3d 662, 680 , 403 N.E.2d 1, 15 .) Sanctions must be proportionate to the gravity of the violation. 1986App. 3d 662, 680 , 403 N.E.2d 1 .) Sanctions must be proportionate to the gravity of the violation. | 2 | 1986–1987 |
United States v. Gonzalez-Lopez
green
1 sentence2025Id. | 1 | 2025–2025 |
People v. Grant
green
1 sentence2024We reject the analogy as unsound because the speedy trial statute implements a constitutional right (People v. Hartfield, 2022 IL 126729, ¶ 32 ) and article 104 implements a civil statutory right and implementing a similar remedy for an untimely discharge hearing would only read into article 104 a provision neither included by the legislature (Grant, 2022 IL 126824, ¶ 25 ) nor required by the gravity of the violation. ¶ 53 Accordingly, for the foregoing reasons, we reject defendant’s contention that he is entitled to reversal of the trial court’s finding of not not guilty due to any untimeline | 1 | 2024–2024 |
People v. J.F.
green
1 sentence2024Judicial Notice of Fitness Evaluation and Status Update Reports - 20 - 2024 IL App (2d) 230259 ¶ 55 Defendant argues next that the trial court abused its discretion in failing to take judicial notice of Oliverio’s fitness evaluation and the status reports provided by the Ecker Center in considering whether defendant acted knowingly when he rubbed G.F.’s breasts. | 1 | 2024–2024 |
People v. Pitsonbarger
green
1 sentence2024Id. at 459 . | 1 | 2024–2024 |
People v. Black
green
1 sentence2012I, § 8. *** The gravity of a waiver [of counsel] requires a trial court to fully inform a defendant of both the nature of the right being abandoned and the consequences of the decision.” People v. Black, 2011 IL App (5th) 080089, ¶ 11 , 953 N.E.2d 958 . ¶ 40 In reaching this decision, we have considered what the Supreme Court of Illinois wrote 30 years ago in People v. Williams, 92 Ill. 2d 109, 118 , 440 N.E.2d 843, 847 (1982): “[W]here a defendant who is financially able to engage counsel has been instructed to do so within a certain and reasonable time, but he fails to do so and does not sho | 1 | 2012–2012 |
Ford Motor Credit Co. v. Sperry
green
1 sentence2012Applebaum, 231 Ill. 2d at 439 (citing Sperry, 214 Ill. 2d at 382 ). ¶ 31 We hold there is no automatic nullity rule. | 1 | 2012–2012 |
Applebaum v. RUSH UNIVERSITY MEDICAL CENTER
green
1 sentence2012Applebaum, 231 Ill. 2d at 439 (citing Sperry, 214 Ill. 2d at 382 ). ¶ 31 We hold there is no automatic nullity rule. | 1 | 2012–2012 |
Boettcher v. Fournie Farms, Inc.
green
1 sentence1995(Boettcher v. Fournie Farms, Inc. (1993), 243 Ill. | 1 | 1995–1995 |
Ostendorf v. International Harvester Co.
green
2 sentences1993In Buehler v. Whalen (1977), 70 Ill. 2d 51 , 374 N.E.2d 460 , our supreme court instructed us that half-truths are equivalent to outright lies and “fractional disclosure” is not the disclosure contemplated by our discovery rules. ( 70 Ill. 2d at 67-68 , 374 N.E.2d at 467-68 .) “[Hjalf-truths *** have the effect of affirmative concealment, since they imply that there is no information or evidence to be sought.” Ostendorf v. International Harvester Co. (1982), 89 Ill. 2d 273, 282 , 433 N.E.2d 253, 257 . “[0]ur discovery procedures are meaningless unless a violation entails a penalty proportionat 1993In Buehler v. Whalen (1977), 70 Ill. 2d 51 , 374 N.E.2d 460 , our supreme court instructed us that half-truths are equivalent to outright lies and “fractional disclosure” is not the disclosure contemplated by our discovery rules. ( 70 Ill. 2d at 67-68 , 374 N.E.2d at 467-68 .) “[Hjalf-truths *** have the effect of affirmative concealment, since they imply that there is no information or evidence to be sought.” Ostendorf v. International Harvester Co. (1982), 89 Ill. 2d 273, 282 , 433 N.E.2d 253, 257 . “[0]ur discovery procedures are meaningless unless a violation entails a penalty proportionat | 1 | 1993–1993 |
Leeson v. State Farm Mutual Automobile Insurance
green
1 sentence1992App. 3d 359, 368 , 546 N.E.2d 782, 788 .) “Pursuant to Supreme Court Rule 220 (107 Ill. 2d R. 220), sanctions imposed for violations of discovery rules must be proportionate to the gravity of the violation. [Citation.] The purpose of a sanction pursuant to Rule 220 is not to punish [citation], but to insure fair discovery and a trial on the merits [citation]. | 1 | 1992–1992 |
Caruso v. Pine Manor Nursing Center
neutral
2 sentences1992A trial court’s exercise of its broad discretion in imposing sanctions for discovery violations will not be disturbed absent a clear abuse.” Caruso v. Pine Manor Nursing Center (1989), 182 Ill. 1992A trial court's exercise of its broad discretion in imposing sanctions for discovery violations will not be disturbed absent a clear abuse." Caruso v. Pine Manor Nursing Center (1989), 182 Ill.App.3d 879 , 131 Ill.Dec. 347 , 538 N.E.2d 722 . | 1 | 1992–1992 |
Slatten v. City of Chicago
green
1 sentence1991App. 3d 808 , 299 N.E.2d 442 .) “Our discovery procedures are meaningless unless a violation entails a penalty proportionate to the gravity of the violation. | 1 | 1991–1991 |
| People v. Reddick green | 1 | 1990–1990 |
| Peoples Gas, Light & Coke Co. v. Chicago Black Improvement Ass'n neutral | 1 | 1989–1989 |
| In Re Estate of Soderholm green | 1 | 1987–1987 |
| Barnes v. Black & Decker Manufacturing Co. neutral | 1 | 1986–1986 |
| Plost v. Louis A. Weiss Memorial Hospital green | 1 | 1986–1986 |
| People v. Jones green | 1 | 1982–1982 |
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.