defendant when considering challenge (Illinois) · Go Syfert
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defendant when considering challenge in Illinois

62 Illinois opinions name it 2 courts 1989–2026 5 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 (15)

CaseFollowedCited
People v. Collinsgreen
ill · 1985 · cited in 21 Illinois opinions naming this issue, 1989–2025
2 sentences

1994Ed. 2d 560, 573 , 99 S. Ct. 2781, 2789 .) It is not the function of the reviewing court to retry the defendant when considering a challenge to the sufficiency of the evidence (Collins, 106 Ill. 2d at 261 , 478 N.E.2d at 277 ); rather, the determinations of the credibility of witnesses, the weight to be given their testimony, and the reasonable inferences to be drawn from the evidence are the responsibilities of the trier of fact.

1994Ed. 2d 560, 573 , 99 S. Ct. 2781, 2789 .) It is not the function of the reviewing court to retry the defendant when considering a challenge to the sufficiency of the evidence (Collins, 106 Ill. 2d at 261 , 478 N.E.2d at 277 ); rather, the determinations of the credibility of witnesses, the weight to be given their testimony, and the reasonable inferences to be drawn from the evidence are the responsibilities of the trier of fact.

821
People v. Boclairgreen
ill · 1989 · cited in 6 Illinois opinions naming this issue, 1996–1999
2 sentences

1999People v. Boclair, 129 Ill. 2d 458 , 544 N.E.2d 715 (1989).

1999People v. Boclair, 129 Ill. 2d 458 , 544 N.E.2d 715 (1989).

56
People v. Steidlgreen
ill · 1991 · cited in 12 Illinois opinions naming this issue, 1992–2022
2 sentences

2022“It is not the function of [a reviewing court] to retry a defendant when considering a challenge to the sufficiency of the evidence.” People v. Steidl, 142 Ill. 2d 204, 226 , 568 N.E.2d 837, 845 (1991). ¶ 92 To prove respondent guilty of possession with intent to deliver cannabis, the State needed to establish that respondent (1) knew of the cannabis, (2) possessed the cannabis, and (3) intended to deliver the cannabis. 720 ILCS 550/5(d) (West 2020).

2022“It is not the function of [a reviewing court] to retry a defendant when considering a challenge to the sufficiency of the evidence.” People v. Steidl, 142 Ill. 2d 204, 226 , 568 N.E.2d 837, 845 (1991). ¶ 92 To prove respondent guilty of possession with intent to deliver cannabis, the State needed to establish that respondent (1) knew of the cannabis, (2) possessed the cannabis, and (3) intended to deliver the cannabis. 720 ILCS 550/5(d) (West 2020).

312
People v. Wheelergreen
ill · 2007 · cited in 6 Illinois opinions naming this issue, 2011–2026
2 sentences

2026People v. Wheeler, 226 Ill. 2d 92, 114 (2007).

2014Id.

36
People v. Oaksred
ill · 1996 · cited in 3 Illinois opinions naming this issue, 1998–1999
2 sentences

1999In People v. Oaks , 169 Ill. 2d 409, 457-58 , 662 N.E.2d 1328, 1349-50 (1996), the supreme court ad­dressed a defendant's argu­ment that the State's evidence was not suffi­cient to sustain his convic­tion and wrote the follow­ing: "[I]t is not the function of the reviewing court to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt. [Citations.] Rather, determi­ nations of the credibility of witnesses, the weight to be given to their testimony, and the reasonable inferences to be drawn from the evidence are responsibilities of the trier of fact. [Cit

1999In People v. Oaks , 169 Ill. 2d 409, 457-58 , 662 N.E.2d 1328, 1349-50 (1996), the supreme court ad­dressed a defendant's argu­ment that the State's evidence was not suffi­cient to sustain his convic­tion and wrote the follow­ing: "[I]t is not the function of the reviewing court to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt. [Citations.] Rather, determi­ nations of the credibility of witnesses, the weight to be given to their testimony, and the reasonable inferences to be drawn from the evidence are responsibilities of the trier of fact. [Cit

33
People v. Smithgreen
ill · 1999 · cited in 3 Illinois opinions naming this issue, 2003–2015
2 sentences

2015People v. Smith, 185 Ill. 2d 532 , 541 -8- 1-13-1022 (1999).

2003People v. Smith, 185 Ill. 2d 532, 541 (1999).

23
People v. Sutherlandgreen
ill · 2006 · cited in 2 Illinois opinions naming this issue, 2020–2025
2 sentences

2025Reviewing courts do not substitute credibility assessments of the factfinder (see People v. Sutherland, 223 Ill. 2d 187, 242 (2006)), and it is not our function to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt.

2020People v. Starks, 2014 IL App (1st) 121169, ¶ 51 ; People v. Sutherland, 223 Ill. 2d 187, 242 (2006); see also People v. Nwosu, 289 Ill. App. 3d 487, 493-94 (1997) (“The trier of fact is also given the function of resolving discrepancies or conflicts in the testimony. [Citation.] It is not the function of this court to retry the defendant when considering a challenge to the sufficiency of the evidence”).

22
People v. Beverlygreen
illappct · 1996 · cited in 2 Illinois opinions naming this issue, 1999–1999
2 sentences

1999In People v. Oaks, 169 Ill. 2d 409, 457-58 , 662 N.E.2d 1328, 1349-50 (1996), the supreme court addressed a defendant’s argument that the State’s evidence was not sufficient to sustain his conviction and wrote the following: “[I]t is not the function of the reviewing court to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt. [Citations.] Rather, determinations of the credibility of witnesses, the weight to be given to their testimony, and the reasonable inferences to be drawn from the evidence are responsibilities of the trier of fact. [Citations.]

1999In People v. Oaks , 169 Ill. 2d 409, 457-58 , 662 N.E.2d 1328, 1349-50 (1996), the supreme court ad­dressed a defendant's argu­ment that the State's evidence was not suffi­cient to sustain his convic­tion and wrote the follow­ing: "[I]t is not the function of the reviewing court to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt. [Citations.] Rather, determi­ nations of the credibility of witnesses, the weight to be given to their testimony, and the reasonable inferences to be drawn from the evidence are responsibilities of the trier of fact. [Cit

22
Jackson v. Virginiared
scotus · 1979 · cited in 11 Illinois opinions naming this issue, 1989–1998
2 sentences

1998In People v. Oaks, 169 Ill. 2d 409, 457-58 , 662 N.E.2d 1328,1349-50 (1996), the Supreme Court of Illinois again set forth the standard of review of questions concerning the sufficiency of evidence as follows: "[I]t is not the function of the reviewing court to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt. [Citations.] Rather, determinations of the credibility of witnesses, the weight to be given to their testimony, and the reasonable inferences to be drawn from the evidence are responsibilities of the trier of fact. [Citations.] In considering

1998In People v. Oaks, 169 Ill. 2d 409, 457-58 , 662 N.E.2d 1328,1349-50 (1996), the Supreme Court of Illinois again set forth the standard of review of questions concerning the sufficiency of evidence as follows: "[I]t is not the function of the reviewing court to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt. [Citations.] Rather, determinations of the credibility of witnesses, the weight to be given to their testimony, and the reasonable inferences to be drawn from the evidence are responsibilities of the trier of fact. [Citations.] In considering

111
People v. Brinkgreen
illappct · 1998 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001People v. Brink, 294 Ill.

2001People v. Brink , 294 Ill.

12
People v. Campbellgreen
ill · 1992 · cited in 2 Illinois opinions naming this issue, 1996–1998
2 sentences

1998In People v. Oaks, 169 Ill. 2d 409, 457-58 , 662 N.E.2d 1328,1349-50 (1996), the Supreme Court of Illinois again set forth the standard of review of questions concerning the sufficiency of evidence as follows: "[I]t is not the function of the reviewing court to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt. [Citations.] Rather, determinations of the credibility of witnesses, the weight to be given to their testimony, and the reasonable inferences to be drawn from the evidence are responsibilities of the trier of fact. [Citations.] In considering

1998In People v. Oaks, 169 Ill. 2d 409, 457-58 , 662 N.E.2d 1328,1349-50 (1996), the Supreme Court of Illinois again set forth the standard of review of questions concerning the sufficiency of evidence as follows: "[I]t is not the function of the reviewing court to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt. [Citations.] Rather, determinations of the credibility of witnesses, the weight to be given to their testimony, and the reasonable inferences to be drawn from the evidence are responsibilities of the trier of fact. [Citations.] In considering

12
People v. Brisbongreen
ill · 1985 · cited in 2 Illinois opinions naming this issue, 1989–1990
2 sentences

1990On review, a criminal conviction will not be set aside on grounds of insufficient evidence unless the proof is so improbable or unsatisfactory that there remains a reasonable doubt of the defendant's guilt. ( People v. Collins (1985), 106 Ill.2d 237, 261 , 87 Ill.Dec. 910 , 478 N.E.2d 267 ; People v. Williams (1982), 93 Ill.2d 309, 315 , 67 Ill.Dec. 97 , 444 N.E.2d 136 ; People v. Vriner (1978), 74 Ill.2d 329, 342 , 24 Ill.Dec. 530 , 385 N.E.2d 671 .) "It is not our function to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt. ( Collins, 106 Ill.2d

1990On review, a criminal conviction will not be set aside on grounds of insufficient evidence unless the proof is so improbable or unsatisfactory that there remains a reasonable doubt of the defendant's guilt. ( People v. Collins (1985), 106 Ill.2d 237, 261 , 87 Ill.Dec. 910 , 478 N.E.2d 267 ; People v. Williams (1982), 93 Ill.2d 309, 315 , 67 Ill.Dec. 97 , 444 N.E.2d 136 ; People v. Vriner (1978), 74 Ill.2d 329, 342 , 24 Ill.Dec. 530 , 385 N.E.2d 671 .) "It is not our function to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt. ( Collins, 106 Ill.2d

12
People v. Brackettgreen
ill · 1987 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026Hooker, 249 Ill. App. 3d at 400-01 . ¶ 51 Mr. Owens cites People v. Brackett, 117 Ill. 2d 170, 180 (1987), for the proposition that “death is not ordinarily contemplated as a natural consequence of blows from bare fists.” In People v. Nibbe, the court found that the principle was applicable where the defendant struck the victim in the face with one blow from his bare fist and the victim fell to the ground and hit his head on the concrete, which killed him.

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

2021The inquiry on a challenge to the sufficiency of the evidence is “ ‘whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’ ” (Emphasis in original.) People v. Cooper, 194 Ill. 2d 419, 430-31 (2000) (quoting Jackson v. Virginia, 433 U.S. 307 , 319 (1979)). ¶ 25 It is not the reviewing court’s function to retry the defendant when considering a challenge to the sufficiency of the evidence at trial.

11
People v. Nwosugreen
illappct · 1997 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020People v. Starks, 2014 IL App (1st) 121169, ¶ 51 ; People v. Sutherland, 223 Ill. 2d 187, 242 (2006); see also People v. Nwosu, 289 Ill. App. 3d 487, 493-94 (1997) (“The trier of fact is also given the function of resolving discrepancies or conflicts in the testimony. [Citation.] It is not the function of this court to retry the defendant when considering a challenge to the sufficiency of the evidence”).

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 (16)

CaseCitedYears
People v. Jimerson green
ill · 1989
2 sentences

1991“A criminal conviction will not be set aside on review unless the evidence is so improbable or unsatisfactory that there remains a reasonable doubt of the defendant’s guilt. [Citations.] It is not our function to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt. [Citations.] Rather, determinations of the credibility of witnesses, the weight to be given to their testimony, and the reasonable inferences to be drawn from the evidence are responsibilities of the trier of fact.” (People v. Jimerson (1989), 127 Ill. 2d 12, 43 .) Upon review, once a defen

1991Initially, we note that “[a] criminal conviction will not be set aside on review unless the evidence is so improbable or unsatisfactory that there remains a reasonable doubt of the defendant’s guilt.” (People v. Jimerson (1989), 127 Ill. 2d 12, 43 ; People v. Collins (1985), 106 Ill. 2d 237, 261 .) It is not the function of this court to retry a defendant when considering a challenge to the sufficiency of the evidence.

61989–1996
People v. Williams green
ill · 1982
2 sentences

1993The standards governing our review are familiar: "A criminal conviction will not be set aside [on review] unless the evidence is so improbable or unsatisfactory that it creates a reasonable doubt of the defendant’s guilt.” (People v. Collins (1985), 106 Ill. 2d 237, 261 , 478 N.E.2d 267 ; People v. Williams (1982), 93 Ill. 2d 309 , 444 N.E.2d 136 ; People v. Vriner (1978), 74 Ill. 2d 329 , 385 N.E.2d 671 .) It is not our function to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt.

1993The standards governing our review are familiar: "A criminal conviction will not be set aside [on review] unless the evidence is so improbable or unsatisfactory that it creates a reasonable doubt of the defendant’s guilt.” (People v. Collins (1985), 106 Ill. 2d 237, 261 , 478 N.E.2d 267 ; People v. Williams (1982), 93 Ill. 2d 309 , 444 N.E.2d 136 ; People v. Vriner (1978), 74 Ill. 2d 329 , 385 N.E.2d 671 .) It is not our function to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt.

61989–1993
People v. Vriner green
ill · 1978
2 sentences

1993The standards governing our review are familiar: "A criminal conviction will not be set aside [on review] unless the evidence is so improbable or unsatisfactory that it creates a reasonable doubt of the defendant’s guilt.” (People v. Collins (1985), 106 Ill. 2d 237, 261 , 478 N.E.2d 267 ; People v. Williams (1982), 93 Ill. 2d 309 , 444 N.E.2d 136 ; People v. Vriner (1978), 74 Ill. 2d 329 , 385 N.E.2d 671 .) It is not our function to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt.

1993The standards governing our review are familiar: "A criminal conviction will not be set aside [on review] unless the evidence is so improbable or unsatisfactory that it creates a reasonable doubt of the defendant’s guilt.” (People v. Collins (1985), 106 Ill. 2d 237, 261 , 478 N.E.2d 267 ; People v. Williams (1982), 93 Ill. 2d 309 , 444 N.E.2d 136 ; People v. Vriner (1978), 74 Ill. 2d 329 , 385 N.E.2d 671 .) It is not our function to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt.

61989–1993
People v. Burrows green
ill · 1992
2 sentences

1994The standard of review on a challenge to the sufficiency of the evidence is well-established: "`"A criminal conviction will not be set aside on review unless the evidence is so improbable or unsatisfactory that there remains a reasonable doubt of the defendant's guilt." [Citations.] It is not the function of this court to retry a defendant when considering a challenge to the sufficiency of the evidence. [Citation.] Instead, *444 determination of the weight to be given to witnesses' testimony, their credibility, and the reasonable inferences to be drawn from the evidence are the responsibility

1994The standard of review on a challenge to the sufficiency of the evidence is well-established: "`"A criminal conviction will not be set aside on review unless the evidence is so improbable or unsatisfactory that there remains a reasonable doubt of the defendant's guilt." [Citations.] It is not the function of this court to retry a defendant when considering a challenge to the sufficiency of the evidence. [Citation.] Instead, *444 determination of the weight to be given to witnesses' testimony, their credibility, and the reasonable inferences to be drawn from the evidence are the responsibility

31992–1994
People v. Tye green
ill · 1990
2 sentences

1996(People v. Tye (1990), 141 Ill. 2d 1, 13 ; People v. Collins (1985), 106 Ill. 2d 237, 261 .) Rather, determinations of the credibility of witnesses, the weight to be given to their testimony, and the reasonable inferences to be drawn from the evidence are responsibilities of the trier of fact.

1994People v. Tye (1990), 141 Ill. 2d 1, 13 , 565 N.E.2d 931, 937 , cert, denied (1991), 502 U.S. 833 , 116 L.

21994–1996
People v. Morgan red
ill · 1991
2 sentences

1993(People v. Morgan (1991), 142 Ill. 2d 410, 439 .) It is not the function of the reviewing court to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt.

1992(People v. Morgan (1991), 142 Ill. 2d 410, 439 .) It is not the function of the reviewing court to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt.

21992–1993
People v. Furby green
ill · 1990
2 sentences

1993(Felella, 131 Ill. 2d at 534 .) We will not substitute our judgment for that of the trial court where the evidence is conflicting (Felella, 131 Ill. 2d at 534 ) because it is not the function of a reviewing court to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt (People v. Furby (1990), 138 Ill. 2d 434, 455 , 563 N.E.2d 421 ).

1993(Felella, 131 Ill. 2d at 534 .) We will not substitute our judgment for that of the trial court where the evidence is conflicting (Felella, 131 Ill. 2d at 534 ) because it is not the function of a reviewing court to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt (People v. Furby (1990), 138 Ill. 2d 434, 455 , 563 N.E.2d 421 ).

21991–1993
People v. Frieberg green
ill · 1992
2 sentences

1992On review, a criminal conviction will not be set aside unless the evidence is so improbable or unsatisfactory that there remains a reasonable doubt of the defendant's guilt. ( People v. Burrows (1992), 148 Ill.2d 196, 224 , 170 Ill.Dec. 317 , 592 N.E.2d 997 .) It is not this court's function to retry a defendant when considering a challenge to the sufficiency of the evidence. ( People v. Steidl (1991), 142 Ill.2d 204, 226 , 154 Ill.Dec. 616 , 568 N.E.2d 837 .) The jury weighs the credibility of witnesses and resolves the conflicts or inconsistencies in their testimony. ( People v. Frieberg (19

1992On review, a criminal conviction will not be set aside unless the evidence is so improbable or unsatisfactory that there remains a reasonable doubt of the defendant's guilt. ( People v. Burrows (1992), 148 Ill.2d 196, 224 , 170 Ill.Dec. 317 , 592 N.E.2d 997 .) It is not this court's function to retry a defendant when considering a challenge to the sufficiency of the evidence. ( People v. Steidl (1991), 142 Ill.2d 204, 226 , 154 Ill.Dec. 616 , 568 N.E.2d 837 .) The jury weighs the credibility of witnesses and resolves the conflicts or inconsistencies in their testimony. ( People v. Frieberg (19

21992–1992
People v. Hooker green
illappct · 1993
1 sentence

2026Hooker, 249 Ill. App. 3d at 400-01 . ¶ 51 Mr. Owens cites People v. Brackett, 117 Ill. 2d 170, 180 (1987), for the proposition that “death is not ordinarily contemplated as a natural consequence of blows from bare fists.” In People v. Nibbe, the court found that the principle was applicable where the defendant struck the victim in the face with one blow from his bare fist and the victim fell to the ground and hit his head on the concrete, which killed him.

12026–2026
People v. Cordle green
illappct · 1991
1 sentence

2022Respondent concedes he knew of and possessed the cannabis and challenges only the third element. ¶ 93 “[A] reasonable inference of the intent to deliver may arise from possession of a quantity of drugs in excess of that needed for personal use.” Cordle, 210 Ill.

12022–2022
People v. Beauchamp green
ill · 2011
1 sentence

2014People v. Beauchamp, 241 Ill. 2d at 8 .

12014–2014
People v. Carrasquilla neutral
illappct · 1988
1 sentence

1996People v. Campbell, 146 Ill. 2d 363 , 586 N.E.2d 1261 (1992); People v. Jimerson, 127 Ill. 2d 12 , 535 N.E.2d 889 (1989); People v. Carrasquilla, 167 Ill.

11996–1996
Ahferom v. Michigan Bureau of Workers Disability Compensation green
scotus · 1991
1 sentence

1994People v. Tye (1990), 141 Ill. 2d 1, 13 , 565 N.E.2d 931, 937 , cert, denied (1991), 502 U.S. 833 , 116 L.

11994–1994
People v. Felella green
ill · 1989
2 sentences

1993(Felella, 131 Ill. 2d at 534 .) We will not substitute our judgment for that of the trial court where the evidence is conflicting (Felella, 131 Ill. 2d at 534 ) because it is not the function of a reviewing court to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt (People v. Furby (1990), 138 Ill. 2d 434, 455 , 563 N.E.2d 421 ).

1993(Felella, 131 Ill. 2d at 534 .) We will not substitute our judgment for that of the trial court where the evidence is conflicting (Felella, 131 Ill. 2d at 534 ) because it is not the function of a reviewing court to retry a defendant when considering a challenge to the sufficiency of the evidence of his guilt (People v. Furby (1990), 138 Ill. 2d 434, 455 , 563 N.E.2d 421 ).

11993–1993
People v. Thomas green
illappct · 1993
2 sentences

1993It is not the function of a reviewing court to retry a defendant when considering a challenge to the sufficiency of his guilt, and determinations of the credibility of the witnesses, the weight to be given their testimony, and the reasonable inferences to be drawn from the evidence are the responsibilities of the trier of fact. ( People v. Thomas (1993), 242 Ill.App.3d 266, 275 , 182 Ill.Dec. 533, 539 , 609 N.E.2d 1067, 1073 .) Given these rules of appellate review, we find it inappropriate to reassess witnesses' credibility and therefore acquiesce in the jury's finding in regard to defendant'

1993It is not the function of a reviewing court to retry a defendant when considering a challenge to the sufficiency of his guilt, and determinations of the credibility of the witnesses, the weight to be given their testimony, and the reasonable inferences to be drawn from the evidence are the responsibilities of the trier of fact. ( People v. Thomas (1993), 242 Ill.App.3d 266, 275 , 182 Ill.Dec. 533, 539 , 609 N.E.2d 1067, 1073 .) Given these rules of appellate review, we find it inappropriate to reassess witnesses' credibility and therefore acquiesce in the jury's finding in regard to defendant'

11993–1993
People v. Eyler green
ill · 1989
11991–1991

Statutes the citing opinions construe

IL § 720 ILCS 5/12-14 (4) IL § 720 ILCS 5/4-6 (4) IL § 720 ILCS 5/9-1 (4) IL § 720 ILCS 570/401 (4) IL § 720 ILCS 570/401.1 (4) IL § 730 ILCS 5/5-8-1 (4) IL § 720 ILCS 5/9-3 (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.

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