obvious clerical error (Illinois) · Go Syfert
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obvious clerical error in Illinois

7 Illinois opinions name it 1 courts 1978–2017 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 (1)

CaseFollowedCited
Fox v. Department of Revenuegreen
ill · 1966 · cited in 2 Illinois opinions naming this issue, 2012–2012
2 sentences

2012App. 3d at 827 , 463 N.E.2d at 862 ; Fox v. Department of Revenue, 34 Ill. 2d 358, 360 , 215 N.E.2d 271, 272 (1966) (a nunc pro tunc entry cannot rest on a recollection, or on a new affidavit or testimony). ¶ 30 In Johnson, the bank argued the entry of judgment against the bank individually was “totally unsupported by any of the official records in the file and was an obvious clerical error in recording the judgment.” Johnson, 123 Ill.

2012App. 3d at 827 , 463 N.E.2d at 862 ; Fox v. Department of Revenue, 34 Ill. 2d 358, 360 , 215 N.E.2d 271, 272 (1966) (a nunc pro tunc entry cannot rest on a recollection, or on a new affidavit or testimony). ¶ 30 In Johnson, the bank argued the entry of judgment against the bank individually was “totally unsupported by any of the official records in the file and was an obvious clerical error in recording the judgment.” Johnson, 123 Ill.

22

Distinguished, questioned or overruled (1)

CaseNegativeCited
People v. Breedenred
illappct · 2014 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017See, e.g., People v. Breeden, 2014 IL App (4th) 121049 , ¶ 56 (fine was void where it was below the statutory minimum), vacated by No. 118880 (Ill.

2017See, e.g., People v. Breeden, 2014 IL App (4th) 121049 , ¶ 56 (fine was void where it was below the statutory minimum), vacated by No. 118880 (Ill.

22

Also cited on this issue (5)

CaseCitedYears
People v. Castleberry green
ill · 2015
2 sentences

2017We further encourage an open line of communication between the public defender’s office and the State’s Attorney’s office, so that when defense counsel discovers an obvious clerical error in the imposition of fines and fees, he or she can contact the State’s Attorney, and the error can be corrected expeditiously at the trial level by means of an agreed order. ¶8 Without oversight and open communication at the trial level, the State Appellate Defender frequently brings these questions in the first instance to the appellate court, where the justification for addressing them on the merits is, at

2017We further encourage an open line of communication between the public defender’s office and the State’s Attorney’s office, so that when defense counsel discovers an obvious clerical error in the imposition of fines and fees, he -3- No. 1-14-3800 or she can contact the State’s Attorney, and the error can be corrected expeditiously at the trial level by means of an agreed order. ¶8 Without oversight and open communication at the trial level, the State Appellate Defender frequently brings these questions in the first instance to the appellate court, where the justification for addressing them on

22017–2017
Johnson v. First National Bank green
illappct · 1984
2 sentences

2012App. 3d at 827 , 463 N.E.2d at 862 ; Fox v. Department of Revenue, 34 Ill. 2d 358, 360 , 215 N.E.2d 271, 272 (1966) (a nunc pro tunc entry cannot rest on a recollection, or on a new affidavit or testimony). ¶ 30 In Johnson, the bank argued the entry of judgment against the bank individually was “totally unsupported by any of the official records in the file and was an obvious clerical error in recording the judgment.” Johnson, 123 Ill.

2012App. 3d at 827 , 463 N.E.2d at 862 ; Fox v. Department of Revenue, 34 Ill. 2d 358, 360 , 215 N.E.2d 271, 272 (1966) (a nunc pro tunc entry cannot rest on a recollection, or on a new affidavit or testimony). ¶ 30 In Johnson, the bank argued the entry of judgment against the bank individually was “totally unsupported by any of the official records in the file and was an obvious clerical error in recording the judgment.” Johnson, 123 Ill.

22012–2012
People v. Young green
illappct · 1978
1 sentence

1990(People v. Young (1978), 60 Ill.

11990–1990
Ashline v. Verble neutral
illappct · 1984
1 sentence

1988As stated in Ashline v. Verble (1984), 130 Ill.

11988–1988
People v. Gonzalez green
illappct · 1974
1 sentence

1978(People v. Gonzalez (1974), 24 Ill.

11978–1978

Where else courts name it

CA 15 (1913–2025) TX 15 (1973–2023) NY 11 (1931–2019) IL 7 (1978–2017) MA 5 (1934–2016) NC 5 (1975–2026) OR 4 (1994–2023) FL 4 (1985–2025) PA 3 (1970–2021) OH 3 (1986–2024) AR 3 (1924–2019) ID 2 (1984–2008) KS 2 (2016–2016) MN 2 (1956–1974) WV 2 (2000–2022) GA 2 (1968–2006) LA 2 (1980–2000)

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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