supplemental instruction (Illinois) · Go Syfert
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supplemental instruction in Illinois

62 Illinois opinions name it 2 courts 1898–2026 7 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 (17)

CaseFollowedCited
People v. Prestongreen
ill · 1979 · cited in 9 Illinois opinions naming this issue, 1981–2023
2 sentences

2023In announcing that rule, the Cowan court quoted 24 from Preston, which stated, “ ‘it is primarily the function of the trial court to determine, on the basis of such factors as the length of time already spent in deliberation and the complexity of the issues before the jury, when the giving of the supplemental instruction becomes appropriate.’ ” Id. (quoting Preston, 76 Ill. 2d at 283-84 ). ¶ 56 Here, the jury was actively engaged in reviewing the evidence until it was retired, as exemplified by its submission of five notes during that time.

2023See Preston, 76 Ill. 2d at 283-84 (stating that the trial court is tasked with deciding when to give a supplemental instruction “on the basis of such factors as the length of time already spent in deliberation and the complexity of the issues before the jury”). 25 ¶ 58 Moreover, case law barred the court from further defining the meaning of “reasonable doubt” and the related concept of the State’s burden of proof, the points of contention recited in the jury’s fifth note.

59
People v. Leegreen
illappct · 1999 · cited in 4 Illinois opinions naming this issue, 2001–2005
2 sentences

2005In that regard the court held that the trial court had discretion to decline to answer inquiries from the jury when the instructions are readily understandable and sufficiently explain the relevant law; when further instructions would serve no useful purpose or would potentially mislead the jury; when the jury's inquiry involves a question of fact; or when the giving of an answer would cause the court to express an opinion that would likely direct a verdict one way or another. *** When the jury communicates to the court its inability to reach a unanimous verdict, the court may, in its discreti

2005In that regard the court held that the trial court had discretion to decline to answer inquiries from the jury when the instructions are readily understandable and sufficiently explain the relevant law; when further instructions would serve no useful purpose or would potentially mislead the jury; when the jury’s inquiry involves a question of fact; or when the giving of an answer would cause the court to express an opinion that would likely direct a verdict one way or another. *** When the jury communicates to the court its inability to reach a unanimous verdict, the court may, in its discreti

44
People v. Cowangreen
ill · 1985 · cited in 6 Illinois opinions naming this issue, 1988–2023
2 sentences

2023People v. Cowan, 105 Ill. 2d 324, 328 (1985) (stating that “[t]he time when a supplemental instruction should be given is for the court to decide”).

2023In announcing that rule, the Cowan court quoted 24 from Preston, which stated, “ ‘it is primarily the function of the trial court to determine, on the basis of such factors as the length of time already spent in deliberation and the complexity of the issues before the jury, when the giving of the supplemental instruction becomes appropriate.’ ” Id. (quoting Preston, 76 Ill. 2d at 283-84 ). ¶ 56 Here, the jury was actively engaged in reviewing the evidence until it was retired, as exemplified by its submission of five notes during that time.

36
People v. Millsapgreen
ill · 2000 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011See id. at 165 , 244 Ill.Dec. 54 , 724 N.E.2d 942 . ¶ 19 Accordingly, the dispositive question in this case is whether the trial court's supplemental instruction introduced *653 a new theory of liability.

2011See id. at 165 , 244 Ill.Dec. 54 , 724 N.E.2d 942 . ¶ 19 Accordingly, the dispositive question in this case is whether the trial court's supplemental instruction introduced *653 a new theory of liability.

22
Palanti v. Dillon Enterprises, Ltd.green
illappct · 1999 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001However, although the length of time it took a jury to return its verdict after a supplemental instruction was given is a factor to be considered (Palanti v. Dillon Enterprises, Ltd., 303 Ill.

2001However, although the length of time it took a jury to return its verdict after a supplemental instruction was given is a factor to be considered ( Palanti v. Dillon Enterprises, Ltd. , 303 Ill.

22
People v. Primgreen
ill · 1972 · cited in 13 Illinois opinions naming this issue, 1977–2026
2 sentences

2026Alternatively, defendant asks this court to review the error as ineffective assistance of counsel for failing to properly preserve the issues. ¶ 90 In Prim, the Illinois Supreme Court acknowledged “the possible coercive dangers inherent in a supplemental instruction given to a deadlocked jury” but believed the jury should not “be left 32 to grope in such circumstances without some guidance from the court.” Id. at 74 .

2009The prosecutor asked the court to give the supplemental instruction set forth in People v. Prim, 53 Ill. 2d 62, 74-75 , 289 N.E.2d 601, 608-09 (1972).

113
People v. Branchgreen
illappct · 1984 · cited in 3 Illinois opinions naming this issue, 1999–2020
2 sentences

2020App. 3d 799 ; People v. Branch, 123 Ill.

1999People v. Branch, 123 Ill.

13
The People v. Malmenatogreen
ill · 1958 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023“Illinois law is clear that neither the court nor counsel should attempt to define the reasonable doubt standard for the jury (People v. Speight, 153 Ill. 2d 365, 374 (1992); People v. Malmenato, 14 Ill. 2d 52, 61 (1958)).

11
People v. Speightgreen
ill · 1992 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023“Illinois law is clear that neither the court nor counsel should attempt to define the reasonable doubt standard for the jury (People v. Speight, 153 Ill. 2d 365, 374 (1992); People v. Malmenato, 14 Ill. 2d 52, 61 (1958)).

11
People v. Robertsgreen
ill · 2005 · cited in 1 Illinois opinions naming this issue, 2020–2020
2 sentences

2020See People v. Cowan, 105 Ill. 2d 324, 328 (1985) (“The time when a supplemental instruction should be given is for the court to decide.”); People v. Chapman, 194 Ill. 2d 186, 222 (2000) (“It is up to the trial court’s discretion whether to give such an instruction and, if so, when to give the instruction.”); People v. Roberts, 214 Ill. 2d 106, 121 (2005) (“Matters relating to jury selection and management are generally within the discretion of the trial court) (citing Chapman, 194 Ill. 2d at 222 ); People v. Kimble, 2019 IL 122830, ¶ 46 (it is within the trial court’s discretion to determine i

2020See People v. Cowan, 105 Ill. 2d 324, 328 (1985) (“The time when a supplemental instruction should be given is for the court to decide.”); People v. Chapman, 194 Ill. 2d 186, 222 (2000) (“It is up to the trial court’s discretion whether to give such an instruction and, if so, when to give the instruction.”); People v. Roberts, 214 Ill. 2d 106, 121 (2005) (“Matters relating to jury selection and management are generally within the discretion of the trial court) (citing Chapman, 194 Ill. 2d at 222 ); People v. Kimble, 2019 IL 122830, ¶ 46 (it is within the trial court’s discretion to determine i

11
People v. Terrygreen
ill · 1984 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020“To sustain the charge of first degree murder ***, the State must prove the following propositions: First proposition: That the defendant or one for whose conduct he is legally responsible performed the acts which caused the death *** and Second proposition: That when the defendant or one for whose conduct he is legally responsible did so, he knew that his acts created a strong probability of death or great bodily harm ***.” Id. ¶ 76 In clarifying these instructions to the jury, the trial court also provided a supplemental instruction, based on People v. Terry, 99 Ill. 2d 508, 514 (1984), in e

11
People v. Chapmangreen
ill · 2000 · cited in 1 Illinois opinions naming this issue, 2020–2020
2 sentences

2020See People v. Cowan, 105 Ill. 2d 324, 328 (1985) (“The time when a supplemental instruction should be given is for the court to decide.”); People v. Chapman, 194 Ill. 2d 186, 222 (2000) (“It is up to the trial court’s discretion whether to give such an instruction and, if so, when to give the instruction.”); People v. Roberts, 214 Ill. 2d 106, 121 (2005) (“Matters relating to jury selection and management are generally within the discretion of the trial court) (citing Chapman, 194 Ill. 2d at 222 ); People v. Kimble, 2019 IL 122830, ¶ 46 (it is within the trial court’s discretion to determine i

2020See People v. Cowan, 105 Ill. 2d 324, 328 (1985) (“The time when a supplemental instruction should be given is for the court to decide.”); People v. Chapman, 194 Ill. 2d 186, 222 (2000) (“It is up to the trial court’s discretion whether to give such an instruction and, if so, when to give the instruction.”); People v. Roberts, 214 Ill. 2d 106, 121 (2005) (“Matters relating to jury selection and management are generally within the discretion of the trial court) (citing Chapman, 194 Ill. 2d at 222 ); People v. Kimble, 2019 IL 122830, ¶ 46 (it is within the trial court’s discretion to determine i

11
People v. Kimblegreen
ill · 2019 · cited in 1 Illinois opinions naming this issue, 2020–2020
2 sentences

2020See People v. Cowan, 105 Ill. 2d 324, 328 (1985) (“The time when a supplemental instruction should be given is for the court to decide.”); People v. Chapman, 194 Ill. 2d 186, 222 (2000) (“It is up to the trial court’s discretion whether to give such an instruction and, if so, when to give the instruction.”); People v. Roberts, 214 Ill. 2d 106, 121 (2005) (“Matters relating to jury selection and management are generally within the discretion of the trial court) (citing Chapman, 194 Ill. 2d at 222 ); People v. Kimble, 2019 IL 122830, ¶ 46 (it is within the trial court’s discretion to determine i

2020See People v. Cowan, 105 Ill. 2d 324, 328 (1985) (“The time when a supplemental instruction should be given is for the court to decide.”); People v. Chapman, 194 Ill. 2d 186, 222 (2000) (“It is up to the trial court’s discretion whether to give such an instruction and, if so, when to give the instruction.”); People v. Roberts, 214 Ill. 2d 106, 121 (2005) (“Matters relating to jury selection and management are generally within the discretion of the trial court) (citing Chapman, 194 Ill. 2d at 222 ); People v. Kimble, 2019 IL 122830, ¶ 46 (it is within the trial court’s discretion to determine i

11
People v. Martinezgreen
illappct · 2002 · cited in 1 Illinois opinions naming this issue, 2013–2013
11
People v. Rossgreen
ill · 2008 · cited in 1 Illinois opinions naming this issue, 2012–2012
11
People v. Curtisgreen
illappct · 2004 · cited in 1 Illinois opinions naming this issue, 2012–2012
11
People v. Canalegreen
ill · 1972 · cited in 1 Illinois opinions naming this issue, 1984–1984
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 (38)

CaseCitedYears
U. S. Collins v. Industrial Commission green
ill · 1957
2 sentences

2005Consequently, the circuit court has jurisdiction under the Act to review an award of attorney fees and, for purposes of such review, attorneys are “parties to the supplemental hearing at which their fees were determined.” Collins, 12 Ill. 2d at 203 .

2005Consequently, the circuit court has jurisdiction under the Act to review an award of attorney fees and, for purposes of such review, attorneys are "parties to the supplemental hearing at which their fees were determined." Collins, 12 Ill.2d at 203 , 145 N.E.2d 622 . [2] In their briefs, Goldstein and the Commission also argued that Alvarado was equitably estopped from claiming that Goldstein's fee petition was barred.

31979–2005
Old Dominion Branch No. 496 v. Austin green
scotus · 1973
2 sentences

1988Ed. 2d 144 , 93 S. Ct. 2731 , does not mandate a finding of error.

1985Ed. 2d 144 , 93 S. Ct. 2731 : “The verdict must represent the considered judgment of each juror.

31981–1988
Brumbaugh v. United States green
scotus · 1973
2 sentences

1988(People v. Cowan (1985), 105 Ill. 2d 324, 328 , 473 N.E.2d 1307, 1309 .) Moreover, the fact that the court did not give the supplemental instruction from People v. Prim (1972), 53 Ill. 2d 62, 75-76 , 289 N.E.2d 601, 609 , cert. denied (1973), 412 U.S. 918 , 37 L.

1985The prosecutor requested that the jury be given the supplemental instruction set out in People v. Prim (1972), 53 Ill. 2d 62, 75-76 , cert. denied (1973), 412 U.S. 918 , 37 L.

31981–1988
Howard v. Hemphill green
scotus · 1973
2 sentences

1988(People v. Cowan (1985), 105 Ill. 2d 324, 328 , 473 N.E.2d 1307, 1309 .) Moreover, the fact that the court did not give the supplemental instruction from People v. Prim (1972), 53 Ill. 2d 62, 75-76 , 289 N.E.2d 601, 609 , cert. denied (1973), 412 U.S. 918 , 37 L.

1985The prosecutor requested that the jury be given the supplemental instruction set out in People v. Prim (1972), 53 Ill. 2d 62, 75-76 , cert. denied (1973), 412 U.S. 918 , 37 L.

31981–1988
Rosenbach v. Six Flags Entertainment Corp. green
ill · 2019
2 sentences

2025Section 20 stated that “ ‘[a]ny person aggrieved by a violation of this Act shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party.’ ” (Emphasis added.) Id. (quoting 740 ILCS 14/20 (West 2016)).

2025It further provided the following: “ ‘[a] prevailing party may recover for each violation: (1) against a private entity that negligently violates a provision of this Act, liquidated damages of $1,000 or actual damages, whichever is greater; (2) against a private entity that intentionally or recklessly violates a provision of this Act, liquidated damages of $5,000 or actual damages, whichever is greater; - 13 - (3) reasonable attorneys’ fees and costs, including expert witness fees and other litigation expenses; and (4) other relief, including an injunction, as the State or federal court may de

22022–2025
Doe v. Chand green
illappct · 2002
2 sentences

2019In terms that parallel the AIDS Confidentiality Act, it provides simply that "[a]ny person aggrieved by a violation of this Act shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party." Id. *662 *1205 ¶ 28 Admittedly, this parallel, while instructive ( Hartney Fuel Oil Co. v. Hamer , 2013 IL 115130 , ¶ 25, 376 Ill.Dec. 294 , 998 N.E.2d 1227 ), is not dispositive.

2019In terms that parallel the AIDS Confidentiality Act, it provides simply that “[a]ny person aggrieved by a violation of this Act shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party.” Id. ¶ 28 Admittedly, this parallel, while instructive (Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130, ¶ 25 ), is not dispositive.

22019–2019
Hartney Fuel Oil Company v. Board of Trustees of the Village of Forest View, etc. green
ill · 2013
2 sentences

2019In terms that parallel the AIDS Confidentiality Act, it provides simply that "[a]ny person aggrieved by a violation of this Act shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party." Id. *662 *1205 ¶ 28 Admittedly, this parallel, while instructive ( Hartney Fuel Oil Co. v. Hamer , 2013 IL 115130 , ¶ 25, 376 Ill.Dec. 294 , 998 N.E.2d 1227 ), is not dispositive.

2019In terms that parallel the AIDS Confidentiality Act, it provides simply that “[a]ny person aggrieved by a violation of this Act shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party.” Id. ¶ 28 Admittedly, this parallel, while instructive (Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130, ¶ 25 ), is not dispositive.

22019–2019
People v. Kinkead green
ill · 1995
2 sentences

1998Kinkead I, 168 Ill.2d at 417 , 214 Ill.Dec. 145 , 660 N.E.2d 852 .

1998Kinkead I, 168 Ill. 2d at 417 .

21998–1998
People v. Burgess green
ill · 1997
2 sentences

1997The court concluded that the evidence presented at the supplemental hearing "compels the conclusion that the defendant was suffering no impairment as a result of his ingestion of psychotropic drugs during the time of his trial and sentencing hearing." Burgess , 176 Ill. 2d at 304 .

1997The court concluded that the evidence presented at the supplemental hearing "compels the conclusion that the defendant was suffering no impairment as a result of his ingestion of psychotropic drugs during the time of his trial and sentencing hearing.” Burgess, 176 Ill. 2d at 304 .

21997–1997
United States v. Herbert G. Jennings green
ca2 · 1973
2 sentences

1997Farella relied upon a decision by the United States Court of Appeals for the Second Circuit, United States v. Jennings , 471 F.2d 1310 (2d Cir. 1973).

1997Farella relied upon a decision by the United States Court of Appeals for the Second Circuit, United States v. Jennings, 471 F.2d 1310 (2d Cir. 1973).

21997–1997
People v. Farella green
illappct · 1979
2 sentences

1997App. 3d at 445 , 398 N.E.2d at 619 ), it does not follow that the supplemental instruction issued by the trial court in this case was demonstrably coercive and thus requires reversal.

1997App. 3d at 445 , 398 N.E.2d at 619 ), it does not follow that the supplemental instruction issued by the trial court in this case was demonstrably coercive and thus requires reversal.

21997–1997
People v. Harris green
illappct · 1981
2 sentences

1985People v. Harris (1981), 96 Ill.

1984See also People v. Canale (1972), 52 Ill. 2d 107 , 285 N.E.2d 133 (supplemental instruction after seven hours of deliberations and foreman’s statement that a verdict could be reached in a reasonable period of time); People v. Preston (1979), 76 Ill. 2d 274 , 391 N.E.2d 359 (Prim instruction after 6V2 hours of deliberations and foreman’s statement that the jury had not completely reached a verdict); People v. Harris (1981), 96 Ill.

21984–1985
Schilling v. Quincy Physicians & Surgeons Clinic, S.C. green
ill · 2026
1 sentence

2026“The supplemental instruction provided in IPI Civil No. 1.05 was derived from the Prim case.” Schilling v. Quincy Physicians and Surgeons Clinic, S.C., 2026 IL 131411, ¶ 42 .

12026–2026
In re Estate of Schlenker green
ill · 2004
1 sentence

2025It further provided the following: “ ‘[a] prevailing party may recover for each violation: (1) against a private entity that negligently violates a provision of this Act, liquidated damages of $1,000 or actual damages, whichever is greater; (2) against a private entity that intentionally or recklessly violates a provision of this Act, liquidated damages of $5,000 or actual damages, whichever is greater; - 13 - (3) reasonable attorneys’ fees and costs, including expert witness fees and other litigation expenses; and (4) other relief, including an injunction, as the State or federal court may de

12025–2025
People v. Manning green
ill · 2011
1 sentence

2022Manning, 241 Ill. 2d at 327 . ¶ 141 The majority summarily concludes that “counsel’s error [in not tendering a definition] resulted in the jury being improperly instructed on how to apply the legal terms to the facts and prevented them from analyzing the evidence to determine defendant’s guilt.” (Emphasis added.) Supra ¶ 70.

12022–2022
Mora v. J&M Plating, Inc. green
illappct · 2022
2 sentences

2022Section 20 further provides that “[a] prevailing party may recover for each violation: (1) against a private entity that negligently violates a provision of this Act, liquidated damages of $1,000 or actual damages, whichever is greater; (2) against a private entity that intentionally or recklessly violates a provision of this Act, liquidated damages of $5,000 or actual damages, whichever is greater; -4- 2022 IL App (2d) 210692 (3) reasonable attorneys’ fees and costs, including expert witness fees and other litigation expenses; and (4) other relief, including an injunction, as the State or fed

2022Section 20 further provides that “[a] prevailing party may recover for each violation: (1) against a private entity that negligently violates a provision of this Act, liquidated damages of $1,000 or actual damages, whichever is greater; (2) against a private entity that intentionally or recklessly violates a provision of this Act, liquidated damages of $5,000 or actual damages, whichever is greater; -4- 2022 IL App (2d) 210692 (3) reasonable attorneys’ fees and costs, including expert witness fees and other litigation expenses; and (4) other relief, including an injunction, as the State or fed

12022–2022
Rosenbach v. Six Flags Entertainment Corp. neutral
illappct · 2017
1 sentence

2017The Act also requires “using the reasonable standard of -2­ 2017 IL App (2d) 170317 care within the private entity’s industry” to store and protect the information. 740 ILCS 14/15(e) (West 2016). ¶5 Of relevance to this appeal is section 20, titled “Right of action,” which provides that “[a]ny person aggrieved by a violation of this Act shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party.” 740 ILCS 14/20 (West 2016).

12017–2017
The People v. Golub. green
ill · 1929
11993–1993
People v. Stevenson green
illappct · 1990
11992–1992
People v. Reimolds green
ill · 1982
11992–1992
People v. Garrett green
ill · 1990
11992–1992
Taylor v. Beasley green
scotus · 1991
11992–1992
People v. Craddock green
illappct · 1987
11989–1989
People v. Katalinich neutral
illappct · 1987
11989–1989
People v. Ross green
illappct · 1981
11988–1988
Lady v. Montgomery Ward & Co. green
illappct · 1980
11987–1987
Smith v. Bishop green
ill · 1962
11987–1987
People v. Blakes neutral
illappct · 1984
11985–1985
People v. Thompson green
illappct · 1981
11984–1984
People v. Robinson neutral
illappct · 1981
11984–1984
People v. Iverson green
illappct · 1973
11980–1980
The People v. Defrates green
ill · 1946
11979–1979
The PEOPLE v. Mays green
ill · 1962
11979–1979
Hazelton v. Zoning Board of Appeals green
illappct · 1977
11979–1979
Allen v. United States green
· 1896
11975–1975
United States v. John Fioravanti, Nicholas Panaccione, and Angelo Pepe, Nicholas Panaccione green
ca3 · 1969
11973–1973
People v. Richards neutral
illappct · 1968
11972–1972
McDonald v. Rosengarten green
· 1890
11898–1898

Statutes the citing opinions construe

IL § 740 ILCS 14/20 (6) IL § 740 ILCS 14/1 (5) IL § 735 ILCS 5/2-615 (4) IL § 740 ILCS 14/15 (4) IL § 820 ILCS 305/1 (4) IL § 740 ILCS 14/10 (3) IL § 740 ILCS 14/5 (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

NY 198 (1891–2026) CA 95 (1926–2026) TX 84 (1935–2025) MI 62 (1936–2025) IL 62 (1898–2026) MA 58 (1976–2026) OH 56 (1972–2025) MD 55 (1932–2026) NE 51 (1930–2026) TN 44 (1987–2024) CO 39 (1949–2026) CT 34 (1953–2021) PA 32 (1901–2025) NJ 30 (1964–2026) WA 29 (1915–2023) DC 22 (1974–2024) UT 21 (1954–2026) IN 21 (1980–2019) IA 21 (1995–2025) FL 19 (1986–2024) AL 18 (1912–2014) OR 18 (1954–2026) WV 15 (1931–2025) NC 13 (1988–2022) SC 13 (1983–2023) ID 11 (1983–2025) WY 11 (1968–2021) MO 11 (1962–2021) MS 10 (1970–2017) RI 10 (1983–2025) WI 10 (1975–2026) AK 9 (1966–2022) VT 8 (1936–2020) ND 8 (1972–2023) GA 8 (1950–2021) AZ 8 (1996–2019) HI 8 (1980–2011) KS 7 (1940–2014) DE 7 (1973–2026) NM 6 (1963–2018) OK 6 (1912–2004) AR 5 (1949–1970) MT 5 (1992–2011) LA 4 (1985–2009) VA 3 (1988–1999) MN 3 (1980–2016) NV 3 (2019–2019) NH 2 (1992–2009) ME 2 (2002–2003) VI 2 (2010–2013)

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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