misconduct defense (Illinois) · Go Syfert
← Illinois issues

misconduct defense in Illinois

7 Illinois opinions name it 1 courts 1998–2017 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 (4)

CaseFollowedCited
First National Bank v. Glen Oaks Hospital & Medical Centergreen
illappct · 2005 · cited in 1 Illinois opinions naming this issue, 2012–2012
2 sentences

2012See First National Bank of La Grange v. Glen Oaks Hospital & Medical Center, 357 Ill.App.3d 828, 842 , 293 Ill.Dec. 795 , 829 N.E.2d 378 (2005) (no prejudicial error shown where alleged misconduct by counsel was unsupported by record). ¶ 36 We reverse the grant of a new trial on the issue of damages based on the purported misconduct by defense counsel. ¶ 37 Remedy ¶ 38 Finally, the defendant argues that the circuit court abused its discretion in granting a new trial on damages only.

2012See First National Bank of La Grange v. Glen Oaks Hospital & Medical Center, 357 Ill.App.3d 828, 842 , 293 Ill.Dec. 795 , 829 N.E.2d 378 (2005) (no prejudicial error shown where alleged misconduct by counsel was unsupported by record). ¶ 36 We reverse the grant of a new trial on the issue of damages based on the purported misconduct by defense counsel. ¶ 37 Remedy ¶ 38 Finally, the defendant argues that the circuit court abused its discretion in granting a new trial on damages only.

11
Balestri v. Terminal Freight Cooperative Ass'ngreen
ill · 1979 · cited in 1 Illinois opinions naming this issue, 2012–2012
2 sentences

2012See Balestri, 76 Ill.2d at 455-56 , 31 Ill.Dec. 189 , 394 N.E.2d 391 (jury instruction did not adequately instruct the jury on aggravation of a preexisting condition, justifying a new trial on damages only).

2012See Balestri, 76 Ill.2d at 455-56 , 31 Ill.Dec. 189 , 394 N.E.2d 391 (jury instruction did not adequately instruct the jury on aggravation of a preexisting condition, justifying a new trial on damages only).

11
People v. Millergreen
ill · 2002 · cited in 1 Illinois opinions naming this issue, 2011–2011
1 sentence

2011In support of its claim, the majority cites to In re K.E.F., 235 Ill. 2d 530 (2009), People v. Truitt, 175 Ill. 2d 148 (1997), abrogated on other grounds by People v. Miller, 202 Ill. 2d 328, 335 (2002); and People v. Baltimore, 381 Ill.

11
People v. Holmesgreen
ill · 2009 · cited in 1 Illinois opinions naming this issue, 2011–2011
1 sentence

2011See Anthony Bocchino & David Sonenshein, Rule 804 (b)(6)-The Illegitimate Child of the Failed Liaison Between the Hearsay Rule and Confrontation Clause, 73 Mo. L.Rev. 41, 79 (2008) (California law requires reliability in "serious felony" cases, Arizona law is unclear, Maryland law requires reliability in civil cases, Massachusetts law is undecided, and Minnesota law might require reliability); see also James F. Flanagan, Forfeiture by Wrongdoing and Those Who Acquiesce in Witness Intimidation: A Reach Exceeding Its Grasp and Other Problems with Federal Rule of Evidence 804(b)(6), 51 Drake L.Re

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 (7)

CaseCitedYears
Sandin v. Conner green
scotus · 1995
2 sentences

2011It concluded, “The regime to which he was subjected as a result of the misconduct hearing was within the range of confinement to be normally expected for one serving an indeterminate term of 30 years to life.” Id. at 487 .

2011It concluded, "The regime to which he was subjected as a result of the misconduct hearing was within the range of confinement to be normally expected for one serving an 6 indeterminate term of 30 years to life." Id. at 487 .

22011–2011
People v. Lesley green
illappct · 2017
1 sentence

2017Because we reverse and remand on the first issue, we need not reach the second. ¶2 FACTS ¶3 On June 13, 2013, defendant pled guilty to the offenses of unlawful possession of a controlled substance with intent to deliver (720 ILCS 570/401(c)(2) (West 2012)) and unlawful delivery of a controlled substance, id., in exchange for consecutive sentences of five years’ imprisonment and six years’ imprisonment, respectively.

12017–2017
DeFreezer v. Johnson green
illappct · 1967
2 sentences

2012That is, that the verdict "was not a compromise of liability against damages." DeFreezer v. Johnson, 81 Ill.App.2d 344, 348 , 225 N.E.2d 46 (1967). ¶ 41 In light of our ruling that a new trial was not warranted on the purported misconduct of defense counsel, we limit our review of the circuit court's ruling granting a new trial on damages only to whether that remedy was warranted by the erroneous instruction on contributory negligence. ¶ 42 Generally, if a verdict is tainted by an erroneous instruction then the entire verdict is called into question, unless the *622 instruction pertains to the

2012That is, that the verdict "was not a compromise of liability against damages." DeFreezer v. Johnson, 81 Ill.App.2d 344, 348 , 225 N.E.2d 46 (1967). ¶ 41 In light of our ruling that a new trial was not warranted on the purported misconduct of defense counsel, we limit our review of the circuit court's ruling granting a new trial on damages only to whether that remedy was warranted by the erroneous instruction on contributory negligence. ¶ 42 Generally, if a verdict is tainted by an erroneous instruction then the entire verdict is called into question, unless the *622 instruction pertains to the

12012–2012
In Re Kef green
ill · 2009
1 sentence

2011In support of its claim, the majority cites to In re K.E.F., 235 Ill. 2d 530 (2009), People v. Truitt, 175 Ill. 2d 148 (1997), abrogated on other grounds by People v. Miller, 202 Ill. 2d 328, 335 (2002); and People v. Baltimore, 381 Ill.

12011–2011
People v. Baltimore green
illappct · 2008
1 sentence

2011In support of its claim, the majority cites to In re K.E.F., 235 Ill. 2d 530 (2009), People v. Truitt, 175 Ill. 2d 148 (1997), abrogated on other grounds by People v. Miller, 202 Ill. 2d 328, 335 (2002); and People v. Baltimore, 381 Ill.

12011–2011
People v. Truitt green
ill · 1997
1 sentence

2011In support of its claim, the majority cites to In re K.E.F., 235 Ill. 2d 530 (2009), People v. Truitt, 175 Ill. 2d 148 (1997), abrogated on other grounds by People v. Miller, 202 Ill. 2d 328, 335 (2002); and People v. Baltimore, 381 Ill.

12011–2011
Coleman v. Illinois Racing Board neutral
ill · 1988
2 sentences

1998On appeal, plaintiff claims that the exclusion by Balmoral, based upon events that preceded the Board’s 1994 suspension and subsequent license renewal, disciplined the plaintiff twice for the same misconduct in violation of our supreme court’s decision in Coleman v. Illinois Racing Board, 124 Ill. 2d 218 , 529 N.E.2d 520 (1988).

1998On appeal, plaintiff claims that the exclusion by Balmoral, based upon events that preceded the Board’s 1994 suspension and subsequent license renewal, disciplined the plaintiff twice for the same misconduct in violation of our supreme court’s decision in Coleman v. Illinois Racing Board, 124 Ill. 2d 218 , 529 N.E.2d 520 (1988).

11998–1998

Where else courts name it

CA 142 (1918–2026) NY 13 (1916–2022) IA 12 (1991–2025) PA 12 (2004–2025) TN 10 (1986–2024) MI 8 (1959–2025) MO 8 (1991–2022) OH 8 (2006–2026) IL 7 (1998–2017) WA 7 (1915–2017) KS 7 (1994–2020) MN 6 (1985–2016) CT 6 (1973–2004) TX 5 (1983–2013) OK 5 (1980–2014) AK 4 (2013–2025) DC 4 (2010–2017) FL 4 (1987–2023) IN 4 (1994–2025) MD 3 (1987–2000) UT 3 (1983–2017) NC 3 (2003–2020) AR 2 (2008–2010) NV 2 (2015–2015) HI 2 (1999–2012) SD 2 (1985–1993) CO 2 (2007–2022) OR 2 (1981–1994) SC 2 (2001–2015) WY 2 (1993–2016) DE 2 (2015–2019) VA 2 (1979–2015) AL 2 (1981–2010) MT 2 (1998–1999) AZ 2 (1997–2016)

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.

← Caselaw search · G Cite Topics · Brief Check