record to support instruction in Illinois

1997The supreme court cited Robinson with approval in People v. Everette, 141 Ill. 2d 147, 154 , 565 N.E.2d 1295 (1990): "[T]he Robinson court correctly observed that those decisions which refused to instruct the jury as to self-defense did so because there was insufficient evidence in the record to support the instruction and not because there was an inherent or definitional contradiction in the defenses.” In Everette, the supreme court said: "We, therefore, hold that a homicide defendant is entitled to an instruction on self-defense where there is some evidence in the record which, if believed b

1997The supreme court cited Robinson with approval in People v. Everette, 141 Ill. 2d 147, 154 , 565 N.E.2d 1295 (1990): "[T]he Robinson court correctly observed that those decisions which refused to instruct the jury as to self-defense did so because there was insufficient evidence in the record to support the instruction and not because there was an inherent or definitional contradiction in the defenses.” In Everette, the supreme court said: "We, therefore, hold that a homicide defendant is entitled to an instruction on self-defense where there is some evidence in the record which, if believed b

2021A conviction for second-degree murder based on the mitigating factor of imperfect self-defense is appropriate when “there is sufficient evidence that the defendant believed he was acting in self-defense, but that belief is objectively unreasonable.” Jeffries, 164 Ill. 2d at 113 ; see also 720 ILCS 5/9-2(a)(2) (West 2014) (providing that a defendant is guilty of second-degree murder if, at the time of the killing, he believed circumstances were present that would have justified the killing based on self-defense had those circumstances actually been present). ¶ 113 A defendant is entitled to an

2021A conviction for second degree murder based on the mitigating factor of imperfect self-defense is appropriate when “there is sufficient evidence that the defendant believed he was acting in self-defense, but that belief is objectively unreasonable.” Id. ¶ 100 A defendant is entitled to an instruction on second degree murder if there is some evidence in the record to support his claim that a mitigating circumstance is present.

2017Accordingly, we reject his -6- 2017 IL App (2d) 160737 claim that the court failed to consider Standard’s payment for “phone [and] Internet” service as income to respondent. ¶ 22 For the foregoing reasons, we vacate the trial court’s finding as to respondent’s income.

2017Accordingly, we reject his -6- 2017 IL App (2d) 160737 claim that the court failed to consider Standard’s payment for “phone [and] Internet” service as income to respondent. ¶ 22 For the foregoing reasons, we vacate the trial court’s finding as to respondent’s income.

2004Although the supreme court has recognized that street gangs are regarded with considerable disfavor by other segments of our society and that, particularly in metropolitan areas, there may be strong prejudice against street gangs (Strain, 194 Ill. 2d at 477 ), no evidence exists in the record to support the claim that defendant was prejudiced by counsel’s failure to inquire about potential gang bias.

2004Although the supreme court has recognized that street gangs are regarded with considerable disfavor by other segments of our society, and that, particularly in metropolitan areas, there may be strong prejudice against street gangs ( Strain , 194 Ill. 2d at 477 ), no evidence exists in the record to support the claim that defendant was prejudiced by counsel's failure to inquire about potential gang bias.

2001People v. Clark, 32 Ill.

2001People v. Clark , 32 Ill.

1997The decisions relied on by the State, particularly People v. Armstrong, 273 Ill.

1997The decisions relied on by the State, particularly People v. Armstrong, 273 Ill.

2026In re Marriage of McLean, 2025 IL App (5th) 250094, ¶ 86 ; In re G.L., 2017 IL App (1st) 163171 , ¶ 24. ¶ 124 In arguing that the circuit court erred in its allocation of parenting time, Father first asserts that he “had significant involvement prior to the parties’ separation, as they shared duties with each performing one-third of the child’s needs.” However, while there is evidence in the record to support this claim, that evidence is not uncontroverted.

2026In re Marriage of McLean, 2025 IL App (5th) 250094, ¶ 86 ; In re G.L., 2017 IL App (1st) 163171 , ¶ 24. ¶ 124 In arguing that the circuit court erred in its allocation of parenting time, Father first asserts that he “had significant involvement prior to the parties’ separation, as they shared duties with each performing one-third of the child’s needs.” However, while there is evidence in the record to support this claim, that evidence is not uncontroverted.

2026The Brandon court found that “the ‘complete absence of this new, relevant evidence in 2001 provides cause for [the] defendant’s “failure to bring the claim in his *** initial post-conviction proceedings.” ’ [Citations.]” (Emphasis added.) Blalock, 2022 IL 126682, ¶ 45 . ¶ 27 In this case, the State argued that defendant’s position “finds no support” in Blalock or similar police coercion cases because those cases were driven by “the unavailability of third- party official reports concerning police torture.” The State argued that evidence pertaining to young adult intellectual functioning was no

2025See People v. Clinton, 2016 IL App (3d) 130737, ¶ 39 (it is not deficient in the Strickland sense for counsel to fail to perform a fruitless act); People v. Saulsberry, 2021 IL App (2d) 181027, ¶ 51 . ¶ 75 Although the defendant insists he discussed with attorney Ivy the possibility of presenting his counseling records to the new trial judge in an effort to reverse the trial court’s ruling on the State’s motion to present evidence of prior incidents of domestic violence, there is nothing in the record to support his claim.

2025And as recently explained by our supreme court, a defendant “who subjectively believes in the need for self- defense cannot be convicted of attempted first degree murder because the defendant would not have the specific intent to commit first degree murder.” People v. Guy, 2025 IL 129967, ¶ 47 . - 14 - ¶ 54 During the jury instruction conference, the trial court provided a detailed analysis of the six elements of self-defense as applied to defendant.

2024Id. ¶ 27 Both Austin and Bell are instructive here.

2023The circuit court may not “order specific placements, specific services, or specific service providers to be included in the plan.” Id.

2021People v. Guja, 2016 IL App (1st) 140046, ¶ 47 ; 720 ILCS 5/7-13. ¶ 31 The elements of the affirmative defense of justified use of force in self-defense or defense of another are “(1) unlawful force threatened against a person, (2) the person threatened was not the aggressor, (3) the danger of harm was imminent, (4) the use of force was necessary, (5) the person threatened actually and subjectively believed a danger existed that required the use of the force applied, and (6) the beliefs of the person threatened were objectively reasonable.” People v. Gray, 2017 IL 120958, ¶ 50 . ¶ 32 We find t

2021People v. McDonald, 2016 IL 118882, ¶ 25 . ¶ 114 Defendant argues that his counsel was ineffective since the evidence at trial was sufficient for a finding of second-degree murder.

2021The decision to give or refuse a non-IPI instruction should not be disturbed absent an abuse of discretion; whether the court has abused its discretion in giving a particular instruction “will depend on whether it was an accurate, simple, brief, impartial, and nonargumentative statement of the applicable law.” Rodriguez, 2014 IL App (2d) 130148 , ¶ 78 (citing Ill. S.Ct.

2021There must be sufficient evidence in the record to support an instruction, lest the jury be confused by issues improperly before it.” (Citations and internal quotation marks omitted.) People v. Rodriguez, 2014 IL App (2d) 130148, ¶ 77 .

2020“Courts of equity will restrain - 15 - the exercise of the legal right to revoke a license when the conduct of the licensor has been such that the assertion of the legal title would operate as a fraud upon the licensee.” Mueller, 18 Ill. 2d at 343 . ¶ 61 Here, assuming former Mayor Mosby’s authorization of DeSherlia’s installation of the fence and shed and the City’s issuance of the two building permits constituted a license, there is no evidence in the record to support a claim that the City’s revocation of such a license would “operate as a fraud” on DeSherlia.

1992App. 3d at 363 , 549 N.E.2d at 902-03 .) Defendant argues that Ellis stands for the proposition that section 2 of the FSAA simply does not apply where the employee is not required to go between the railroad cars to uncouple them.

1992However, in this case, there is no evidence in the record to support a claim that plaintiff was injured while between two cars. *** Therefore, a finding of strict liability pursuant to the Act would have been improper on these facts.” ( 193 Ill.

1991In discussing Maurice’s claim that the trial court erred in refusing his instruction on voluntary manslaughter (serious provocation by victim), the court in Mitchell distinguished People v. Pietryzk (1987), 153 Ill.

1991App. 3d 657 , 499 N.E.2d 147 .) We note that, unlike the Abrams case, where the court indicated that it would not give an instruction tendered by plaintiff because there was no competent evidence in the record to support such instruction and plaintiff’s counsel commented on that issue in spite of the court’s refusal, in the instant case it was defendant’s, not plaintiff’s, tendered instruction which was refused.

1991(See Abrams v. City of Mattoon (1986), 148 Ill.App.3d 657 , 101 Ill.Dec. 780 , 499 N.E.2d 147 .) We note that, unlike the Abrams case where the court indicated that it would not give an instruction tendered by plaintiff because there was no competent evidence in the record to support such instruction and plaintiff's counsel commented on that issue in spite of the court's refusal, in the instant case it was defendant's, not plaintiff's, tendered instruction which was refused.