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7 Illinois opinions name it 2 courts 2011–2025 3 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.
| Case | Followed | Cited |
|---|---|---|
People v. Everettegreen2 sentences2017See People v. Washington, 2012 IL 110283, ¶ 19 (the question of whether sufficient evidence exists in the record to support the giving of a second degree murder jury instruction based on an unreasonable belief in self-defense is a question of law subject to de novo review); People v. Everette, 141 Ill. 2d 147, 157 (1990) (it is a matter of law whether a defendant has met the evidentiary minimum entitling him to instructions on an affirmative defense); People v. Lockett, 82 Ill. 2d 546 (1980) (trial court erred in failing to give voluntary manslaughter—now, second degree murder—instruction). 2016See People v. Washington, 2012 IL 110283, ¶ 19 (the question of whether sufficient evidence exists in the record to support the giving of a second degree murder jury instruction based on an unreasonable belief in self-defense is a question of law subject to de novo review); People v. Everette, 141 Ill. 2d 147, 157 (1990) (it is a matter of law whether a defendant has met the evidentiary minimum entitling him to instructions on an affirmative defense); People v. Lockett, 82 Ill. 2d 546 (1980) (trial court erred in failing to give voluntary manslaughter—now, second degree murder—instruction). | 2 | 2 |
People v. Washingtongreen2 sentences2017See People v. Washington, 2012 IL 110283, ¶ 19 (the question of whether sufficient evidence exists in the record to support the giving of a second degree murder jury instruction based on an unreasonable belief in self-defense is a question of law subject to de novo review); People v. Everette, 141 Ill. 2d 147, 157 (1990) (it is a matter of law whether a defendant has met the evidentiary minimum entitling him to instructions on an affirmative defense); People v. Lockett, 82 Ill. 2d 546 (1980) (trial court erred in failing to give voluntary manslaughter—now, second degree murder—instruction). 2016See People v. Washington, 2012 IL 110283, ¶ 19 (the question of whether sufficient evidence exists in the record to support the giving of a second degree murder jury instruction based on an unreasonable belief in self-defense is a question of law subject to de novo review); People v. Everette, 141 Ill. 2d 147, 157 (1990) (it is a matter of law whether a defendant has met the evidentiary minimum entitling him to instructions on an affirmative defense); People v. Lockett, 82 Ill. 2d 546 (1980) (trial court erred in failing to give voluntary manslaughter—now, second degree murder—instruction). | 2 | 2 |
People v. Allengreen2 sentences2011People v. Allen, 401 Ill.App.3d 840, 854 , 340 Ill.Dec. 932 , 929 N.E.2d 583, 595 (2010) ("Defendant was admonished about the consequences of *926 proceeding pro se and that he would be required to perform as an attorney would and the court could not provide any legal assistance to him."). ¶ 13 Defendant argues the trial court's failure to offer the second degree murder jury instruction or to inform him of his responsibility to request it amounted to grave error which rendered the proceedings fundamentally unfair. 2011People v. Allen, 401 Ill.App.3d 840, 854 , 340 Ill.Dec. 932 , 929 N.E.2d 583, 595 (2010) ("Defendant was admonished about the consequences of *926 proceeding pro se and that he would be required to perform as an attorney would and the court could not provide any legal assistance to him."). ¶ 13 Defendant argues the trial court's failure to offer the second degree murder jury instruction or to inform him of his responsibility to request it amounted to grave error which rendered the proceedings fundamentally unfair. | 2 | 2 |
People v. Wilmingtongreen1 sentence2025See People v. Wilmington, 2013 IL 112938, ¶¶ 44-48 ; People v. Edmondson, 2018 IL App (1st) 151381, ¶ 40 . | 1 | 1 |
People v. Chapmangreen1 sentence2024People v. Chapman, 379 Ill. | 1 | 1 |
People v. Hodgesgreen1 sentence2024(West 2020); People v. Hodges, 234 Ill. 2d 1, 9 (2009). | 1 | 1 |
People v. Hamptongreen1 sentence2021See People v. Hampton, 2021 IL App (5th) 170341, ¶ 101 (finding a second-degree murder jury instruction was not appropriate where the evidence established that the defendant “easily could have driven away” if he believed the victim posed a danger, but instead he exited the vehicle and fired multiple shots at the victim). ¶ 118 Prosecutorial Misconduct ¶ 119 Defendant next maintains that the State violated the trial court’s pretrial ruling when it elicited improper other-crimes evidence, elicited irrelevant and improper gang evidence, and introduced evidence relating to defendant’s prior contac | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Lockett
green
2 sentences2017See People v. Washington, 2012 IL 110283, ¶ 19 (the question of whether sufficient evidence exists in the record to support the giving of a second degree murder jury instruction based on an unreasonable belief in self-defense is a question of law subject to de novo review); People v. Everette, 141 Ill. 2d 147, 157 (1990) (it is a matter of law whether a defendant has met the evidentiary minimum entitling him to instructions on an affirmative defense); People v. Lockett, 82 Ill. 2d 546 (1980) (trial court erred in failing to give voluntary manslaughter—now, second degree murder—instruction). 2016See People v. Washington, 2012 IL 110283, ¶ 19 (the question of whether sufficient evidence exists in the record to support the giving of a second degree murder jury instruction based on an unreasonable belief in self-defense is a question of law subject to de novo review); People v. Everette, 141 Ill. 2d 147, 157 (1990) (it is a matter of law whether a defendant has met the evidentiary minimum entitling him to instructions on an affirmative defense); People v. Lockett, 82 Ill. 2d 546 (1980) (trial court erred in failing to give voluntary manslaughter—now, second degree murder—instruction). | 2 | 2016–2017 |
People v. Edmondson
green
1 sentence2025See People v. Wilmington, 2013 IL 112938, ¶¶ 44-48 ; People v. Edmondson, 2018 IL App (1st) 151381, ¶ 40 . | 1 | 2025–2025 |
People v. Sims
green
1 sentence2024“Accordingly, counsel’s decision as to which jury instructions to tender can support a claim of ineffective assistance of counsel only if that choice is objectively unreasonable.” Id. ¶ 46 Whether defendant’s argument that trial counsel was ineffective for failing to request a second degree murder jury instruction is meritless focuses on his theory of defense at trial and whether the evidence adduced at trial supported the giving of such an instruction. | 1 | 2024–2024 |
People v. Olaska
green
1 sentence2021People v. Olaska, 2017 IL App (2d) 150567, ¶ 145 . ¶ 116 Defendant here has failed to present some evidence to warrant a second-degree murder jury instruction. | 1 | 2021–2021 |
People v. Harmon
green
1 sentence2021People v. Harmon, 2015 IL App (1st) 122345 , ¶ 59. ¶ 117 In sum, the evidence at trial established that defendant was not in imminent danger and that he was the aggressor and therefore there was not some evidence of each of the elements of self-defense to warrant a second-degree murder jury instruction. | 1 | 2021–2021 |
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.
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.