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

8 Illinois opinions name it 2 courts 1991–2018 0 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 (6)

CaseFollowedCited
Arient v. Alhaj-Husseingreen
illappct · 2017 · cited in 2 Illinois opinions naming this issue, 2018–2018
2 sentences

2018See Arient v. Alhaj-Hussein, 2017 IL App (1st) 162369, ¶ 45 . ¶ 47 Having found no error in the court’s denial of Mercy’s motion for judgment n.o.v. or a new trial, we next consider Mercy’s arguments with regard to damages.

2018See Arient v. Alhaj-Hussein , 2017 IL App (1st) 162369 , ¶ 45. ¶ 47 Having found no error in the court's denial of Mercy's motion for judgment n.o.v. or a new trial, we next consider Mercy's arguments with regard to damages.

22
People v. MacRigreen
ill · 1998 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000See Buss, 187 Ill. 2d at 235 (the circuit court did not err in refusing the defendant’s mercy instruction when the jury received IPI Criminal 3d No. 7C.06); Macri, 185 Ill. 2d at 70-71 (the circuit court did not err in refusing the defendant’s unanimity instruction when the jury received IPI Criminal 3d No. 7C.05).

2000See Buss, 187 Ill.2d at 235 , 240 Ill.Dec. 520 , 718 N.E.2d 1 (the circuit court did not err in refusing the defendant's mercy instruction when the jury received IPI Criminal 3d No. 7C.06); Macri, 185 Ill.2d at 70-71, 235 Ill.Dec. 589 , 705 N.E.2d 772 (the circuit court did not err in refusing the defendant's unanimity instruction when the jury received IPI Criminal 3d No. 7C.05).

22
People v. Bussgreen
ill · 1999 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000See Buss, 187 Ill. 2d at 235 (the circuit court did not err in refusing the defendant’s mercy instruction when the jury received IPI Criminal 3d No. 7C.06); Macri, 185 Ill. 2d at 70-71 (the circuit court did not err in refusing the defendant’s unanimity instruction when the jury received IPI Criminal 3d No. 7C.05).

2000See Buss, 187 Ill.2d at 235 , 240 Ill.Dec. 520 , 718 N.E.2d 1 (the circuit court did not err in refusing the defendant's mercy instruction when the jury received IPI Criminal 3d No. 7C.06); Macri, 185 Ill.2d at 70-71, 235 Ill.Dec. 589 , 705 N.E.2d 772 (the circuit court did not err in refusing the defendant's unanimity instruction when the jury received IPI Criminal 3d No. 7C.05).

22
People v. Sanchezgreen
ill · 1986 · cited in 3 Illinois opinions naming this issue, 1991–1996
2 sentences

1996See Jackson, 145 Ill. 2d at 114 ; People v. Sanchez, 115 Ill. 2d 238, 269-70 (1986).

1991As for defendant’s remaining contentions regarding instructions concerning drug use and recommendations of mercy, we note, as defendant has, that this court has previously held nonstatutory mitigating factors need not be specified in an instruction when the jury is instructed that it may consider any relevant mitigation (People v. Free (1983), 94 Ill. 2d 378, 420 ), and a mercy instruction need not be given for the same reason (People v. Sanchez (1986), 115 Ill. 2d 238, 269-70 ).

13
People v. Jacksongreen
ill · 1991 · cited in 1 Illinois opinions naming this issue, 1996–1996
1 sentence

1996See Jackson, 145 Ill. 2d at 114 ; People v. Sanchez, 115 Ill. 2d 238, 269-70 (1986).

11
California v. Browngreen
scotus · 1987 · cited in 1 Illinois opinions naming this issue, 1991–1991
2 sentences

1991We held that, in such circumstances, the jury is free to consider mercy or any other mitigating factor despite the absence of a specific instruction to do so. ( People v. Sanchez (1986), 115 Ill.2d 238, 269 , 104 Ill.Dec. 720 , 503 N.E.2d 277 ; see also California v. Brown (1987), 479 U.S. 538 , 107 S.Ct. 837 , 93 L.Ed.2d 934 .) The reasoning in Sanchez was proper and is controlling here.

1991We held that, in such circumstances, the jury is free to consider mercy or any other mitigating factor despite the absence of a specific instruction to do so. ( People v. Sanchez (1986), 115 Ill.2d 238, 269 , 104 Ill.Dec. 720 , 503 N.E.2d 277 ; see also California v. Brown (1987), 479 U.S. 538 , 107 S.Ct. 837 , 93 L.Ed.2d 934 .) The reasoning in Sanchez was proper and is controlling here.

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. Holman green
ill · 1984
1 sentence

1995(Simms, 143 Ill. 2d at 182 ; People v. Holman (1984), 103 Ill. 2d 133, 170 .) A separate mercy instruction need not be given as long as the jury is instructed that it should consider all circumstances that provide reasons for imposing a sentence other than death.

11995–1995
People v. Simms green
ill · 1991
2 sentences

1995(Simms, 143 Ill. 2d at 182 ; People v. Holman (1984), 103 Ill. 2d 133, 170 .) A separate mercy instruction need not be given as long as the jury is instructed that it should consider all circumstances that provide reasons for imposing a sentence other than death.

1995(Simms, 143 Ill. 2d at 182-83 .) This court has determined that, in such circumstances, "the jury is free to consider mercy or any other mitigating factor despite the absence of a specific instruction to do so.” (Simms, 143 Ill. 2d at 183 .) As noted, the jury here was instructed that it should consider as mitigation "any reason” why the defendant should not be sentenced to death.

11995–1995
People v. Free green
ill · 1983
1 sentence

1991As for defendant’s remaining contentions regarding instructions concerning drug use and recommendations of mercy, we note, as defendant has, that this court has previously held nonstatutory mitigating factors need not be specified in an instruction when the jury is instructed that it may consider any relevant mitigation (People v. Free (1983), 94 Ill. 2d 378, 420 ), and a mercy instruction need not be given for the same reason (People v. Sanchez (1986), 115 Ill. 2d 238, 269-70 ).

11991–1991

Where else courts name it

MS 71 (1986–2022) NY 13 (2008–2026) IL 8 (1991–2018) AL 7 (1999–2010) FL 3 (2018–2020) IA 3 (2016–2025) MD 3 (1994–2020) OH 3 (2011–2025) CA 3 (2003–2020) KS 2 (2012–2016) MO 2 (1915–2023) TN 2 (1994–1998) PA 2 (2002–2023) WI 2 (1996–2021)

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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