defendant requested instruction (Illinois) · Go Syfert
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defendant requested instruction in Illinois

8 Illinois opinions name it 2 courts 1901–2021 1 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 (1)

CaseFollowedCited
Stevenson v. United Statesgreen
scotus · 1896 · cited in 1 Illinois opinions naming this issue, 2015–2015
1 sentence

2015In so doing, the court short-circuits the defendant’s right to have his guilt or innocence on all applicable charges determined by a jury of his peers. ¶ 89 Well over a century ago, in a homicide case in which the defendant requested an instruction on manslaughter, which carried a less culpable mental state than murder, the United States Supreme Court described the trial court’s limited role, as follows: “A judge may be entirely satisfied, from the whole evidence in the case, that the person doing the killing was actuated by malice; that he was not in any such passion as to lower the grade of

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 (8)

CaseCitedYears
People v. Henderson green
ill · 1990
1 sentence

2021Id. at 310-11 . ¶ 99 While finding that the testimony was an erroneously admitted prior consistent statement, the court determined that the evidence was not closely balanced and that the defendant failed to satisfy either prong of Strickland.

12021–2021
People v. Hamm green
illappct · 1985
1 sentence

2020Hamm, 136 Ill.

12020–2020
People v. Ortega neutral
illappct · 1982
1 sentence

2013Id.

12013–2013
People v. Prim green
ill · 1972
2 sentences

1978In People v. Prim (1972), 53 Ill. 2d 62 , 289 N.E.2d 601 , the question of instruction to deadlocked juries was reached.

1978In People v. Prim (1972), 53 Ill. 2d 62 , 289 N.E.2d 601 , the question of instruction to deadlocked juries was reached.

11978–1978
The People v. Hryciuk green
ill · 1967
2 sentences

1976In support of this contention the defendant has cited People v. Hryciuk (1967), 36 Ill. 2d 500 , 224 N.E.2d 250 .

1976In support of this contention the defendant has cited People v. Hryciuk (1967), 36 Ill. 2d 500 , 224 N.E.2d 250 .

11976–1976
The People v. Schneider green
ill · 1935
1 sentence

1936People v. Schneider, supra. The court also refused to instruct the jury as to the meaning of the term “intoxicated.” The defendant requested an instruction stating in substance that such intoxication as would make the driving of a car unlawful was that degree of intoxication which would render him incapable of giving that attention and care to driving that a man of prudent and reasonable intelligence would give.

11936–1936
The People v. Rewland neutral
ill · 1929
1 sentence

1936We have held that “drunk” and “intoxicated” are synonymous, (People v. Rewland, 335 Ill. 432 ,) and we are of the opinion that the term is of such elasticity as to require legal definition when applied to a criminal statute.

11936–1936
Pennsylvania Co. v. Lynch neutral
ill · 1878
1 sentence

1901Penn Co. v. Lynch, 90 Ill. 333 . .At the close of the plaintiff’s case the defendant requested an instruction directing the jury to find the defendant not guilty, and the request having been denied, it was renewed at the conclusion of all the evidence.

11901–1901

Where else courts name it

MA 32 (1977–2024) CA 23 (1912–2026) KS 20 (1901–2022) TX 18 (1977–2025) MS 12 (1913–2024) TN 9 (1998–2016) MO 9 (1904–2016) CT 9 (1972–2017) NY 8 (1993–2023) IA 8 (1916–2024) IL 8 (1901–2021) NM 8 (1972–2026) FL 7 (1916–2013) AZ 7 (1969–2009) OK 6 (1925–1998) NC 6 (1996–2024) WA 6 (1985–2013) CO 5 (1981–2020) OR 4 (1959–1998) MT 3 (1987–2025) NV 3 (1914–1997) NJ 3 (1908–2021) LA 3 (2006–2014) UT 3 (1980–2003) MD 3 (1991–2012) NE 3 (1934–2000) OH 2 (2017–2025) MI 2 (1977–1990) GA 2 (1917–2025) WI 2 (1984–1985) HI 2 (2011–2012) VA 2 (1997–2004) ND 2 (1927–2002) PA 2 (2006–2012)

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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