palpably erroneous exception (Illinois) · Go Syfert
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palpably erroneous exception in Illinois

8 Illinois opinions name it 1 courts 1989–2025 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 (5)

CaseFollowedCited
People v. Suttongreen
ill · 2009 · cited in 2 Illinois opinions naming this issue, 2009–2010
2 sentences

2010See People v. Sutton, 233 Ill.2d 89, 98 , 330 Ill.Dec. 198 , 908 N.E.2d 50 (2009) ("The State also argued that the Sutton II court should apply the palpably erroneous exception to the law of the case doctrine, which allows a reviewing court to depart from the doctrine if the court determines that its prior decision was palpably erroneous").

2010See People v. Sutton, 233 Ill.2d 89, 98 , 330 Ill.Dec. 198 , 908 N.E.2d 50 (2009) ("The State also argued that the Sutton II court should apply the palpably erroneous exception to the law of the case doctrine, which allows a reviewing court to depart from the doctrine if the court determines that its prior decision was palpably erroneous").

22
Alwin v. Village of Wheelinggreen
illappct · 2007 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010See Alwin v. Village of Wheeling, 371 Ill.

2010See Alwin v. Village of Wheeling, 371 Ill.

22
People v. Suttongreen
illappct · 2007 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010App. 3d 889, 894 , 874 N.E.2d 212 (2007), this court referred to the palpably erroneous exception without the new trial qualifier.

2010App. 3d 889, 894 , 874 N.E.2d 212 (2007), this court referred to the palpably erroneous exception without the new trial qualifier.

22
Norris v. National Union Fire Insurancegreen
illappct · 2006 · cited in 1 Illinois opinions naming this issue, 2013–2013
1 sentence

2013See Norris v. National Union Fire Insurance Co. of Pittsburgh, 368 Ill.

11
People v. Pattersongreen
ill · 1992 · cited in 1 Illinois opinions naming this issue, 2010–2010
2 sentences

2010The supreme court has also said that the law-of-the-case doctrine "merely expresses the practice of courts generally to refuse to reopen what has been decided" and is "not a limit on their power." People v. Patterson, 154 Ill.2d 414, 468 , 182 111.

2010The supreme court has also said that the law-of-the-case doctrine “merely expresses the practice of courts generally to refuse to reopen what has been decided” and is “not a limit on their power.” People v. Patterson, 154 Ill. 2d 414, 468 (1992).

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 (5)

CaseCitedYears
Radwill v. Manor Care of Westmont, IL, LLC green
illappct · 2013
2 sentences

2025However, that does not exclude the possibility that subsection (b) was also a lesser-included offense pursuant to the charging instrument approach. ¶ 58 As part of considering whether the palpably-erroneous exception to the law-of-the case-doctrine applies, we must also consider whether our previous decision “would work a manifest injustice.” Radwill, 2013 IL App (2d) 120957, ¶ 12 .

2013Radwill, 2013 IL App (2d) 120957, ¶ 12 .

22013–2025
People v. JACOBAZZI green
illappct · 2010
2 sentences

2010Jacobazzi, 398 Ill.

2010Jacobazzi, 398 Ill.

22010–2010
Stallman v. Youngquist green
ill · 1988
1 sentence

1989App. 3d 683, 689 , rev’d on other grounds (1988), 125 Ill. 2d 267 , the court noted that in its first appellate decision, it recognized the parent-child tort-immunity doctrine as the law in Illinois, but it reversed this decision in its second opinion, applying the palpably erroneous standard.

11989–1989
United States Casualty Co. v. Sabich neutral
illappct · 1939
1 sentence

1989In Thomason v. Chicago Motor Coach Co. (1939), 298 Ill.

11989–1989
Stallman v. Youngquist green
illappct · 1987
1 sentence

1989In Stallman v. Youngquist (1987), 152 Ill.

11989–1989

Where else courts name it

IL 8 (1989–2025) OK 2 (2014–2014) PA 2 (2005–2021)

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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