incorrect jury instruction (Illinois) · Go Syfert
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incorrect jury instruction in Illinois

8 Illinois opinions name it 2 courts 1986–2025 4 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 (5)

CaseFollowedCited
People v. Rathbonegreen
illappct · 2003 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025“In People v. Enoch, 122 Ill. 2d 176 , 196 *** (1988), the supreme court unequivocally held that for an issue to be preserved for review on appeal, the record must show that (1) a - 13 - contemporaneous objection to the trial court’s error was made, and (2) the issue was contained in a written posttrial motion.” (Emphasis in original.) People v. Rathbone, 345 Ill.

11
People v. Curriegreen
illappct · 2023 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024See Currie, 2023 IL App (2d) 220114, ¶¶ 41-42 .

11
People v. Pollardsgreen
illappct · 2006 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021“Trial counsel has a duty to conduct both factual and legal investigations on behalf of a client.” People v. Pollards, 367 Ill.

11
People v. Chapmangreen
ill · 2000 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021People v. Chapman, 194 Ill. 2d 186, 217 (2000). ¶ 57 Here, defense counsel performed deficiently by failing to object at trial and in the posttrial motion to the incorrect jury instruction.

11
People v. Darrgreen
illappct · 2018 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See People v. Darr, 2018 IL App (3d) 150562, ¶¶ 84-85 (concluding that the court’s incorrect jury instruction did not result in an unfair trial and that, when the jury instructions were considered as a whole, there was no possibility that the jury was confused, noting that the court corrected its misstatement both orally and in writing and the written instructions taken to the jury room were accurate). ¶ 62 Further, the court properly instructed the jury about the burden of proof for aggravated discharge of a firearm, which included the element that defendant knowingly discharged a firearm.

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 (6)

CaseCitedYears
People v. Piatkowski green
ill · 2007
2 sentences

2009The evidence was closely balanced in that case because that particular "`error alone severely threatened to tip the scales of justice.'" (Emphasis added.) Piatkowski, 225 Ill.2d at 565 , 312 Ill.Dec. 338 , 870 N.E.2d 403 , quoting Herron, 215 Ill.2d at 187 , 294 Ill.Dec. 55 , 830 N.E.2d 467 .

2009The evidence was closely balanced in that case because that particular “ ‘error alone severely threatened to tip the scales of justice.’ ” (Emphasis added.) Piatkowski, 225 Ill. 2d at 565 , quoting Herron, 215 Ill. 2d at 187 .

22009–2009
People v. Herron green
ill · 2005
2 sentences

2009The evidence was closely balanced in that case because that particular "`error alone severely threatened to tip the scales of justice.'" (Emphasis added.) Piatkowski, 225 Ill.2d at 565 , 312 Ill.Dec. 338 , 870 N.E.2d 403 , quoting Herron, 215 Ill.2d at 187 , 294 Ill.Dec. 55 , 830 N.E.2d 467 .

2009The evidence was closely balanced in that case because that particular “ ‘error alone severely threatened to tip the scales of justice.’ ” (Emphasis added.) Piatkowski, 225 Ill. 2d at 565 , quoting Herron, 215 Ill. 2d at 187 .

22009–2009
People v. Enoch green
ill · 1988
1 sentence

2025“In People v. Enoch, 122 Ill. 2d 176 , 196 *** (1988), the supreme court unequivocally held that for an issue to be preserved for review on appeal, the record must show that (1) a - 13 - contemporaneous objection to the trial court’s error was made, and (2) the issue was contained in a written posttrial motion.” (Emphasis in original.) People v. Rathbone, 345 Ill.

12025–2025
People v. James green
illappct · 2002
1 sentence

2022James, 331 Ill.

12022–2022
People v. Sanders green
illappct · 1984
1 sentence

2020Given this finding and that the parties stipulated that he had two qualifying felony convictions such that the element of possession was the only element in controversy, we cannot find that the incorrect jury instruction created a serious risk that the jurors incorrectly convicted him of AHC because they did not understand the applicable law. ¶ 63 Finally, defendant cites People v. Sanders, 129 Ill.

12020–2020
People v. Heflin green
ill · 1978
2 sentences

1986(See People v. Heflin (1978), 71 Ill. 2d 525 , 376 N.E.2d 1367 .) In light of the misstatement, the incorrect jury instruction, and the court’s failure to admonish the jury to disregard the improper argument, the error is not inconsequential and calls for reversal.

1986(See People v. Heflin (1978), 71 Ill. 2d 525 , 376 N.E.2d 1367 .) In light of the misstatement, the incorrect jury instruction, and the court’s failure to admonish the jury to disregard the improper argument, the error is not inconsequential and calls for reversal.

11986–1986

Where else courts name it

IN 26 (2001–2020) TX 24 (1999–2020) OH 15 (1998–2025) FL 10 (1995–2024) OR 9 (2011–2026) IL 8 (1986–2025) LA 7 (1982–2003) CA 5 (1990–2024) GA 5 (1994–2026) TN 5 (2002–2021) PA 5 (1999–2023) WY 4 (1984–2023) MT 4 (2022–2025) MD 4 (1987–2019) WA 4 (1999–2000) AZ 4 (2004–2024) MI 4 (1980–2024) UT 3 (2008–2016) CO 2 (1998–2013) SC 2 (2019–2019) KS 2 (2000–2014)

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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