defendant in preparing defense in Illinois

51 Illinois opinions name it 2 courts 1957–2025 7 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 (14)

Case	Followed	Cited
People v. Thingvoldgreen ill · 1991 · cited in 24 Illinois opinions naming this issue, 1992–2024 2 sentences 2024See People v. Carey, 2018 IL 121371, ¶ 22 (noting that when a charging instrument is challenged for the first time on appeal, we consider “ ‘whether the defect in the information or indictment prejudiced the defendant in preparing his defense’ ” (quoting People v. Thingvold, 145 Ill. 2d 441, 448 (1991))). 2023“In other words, the appellate court should consider whether the defect in the [charging instrument] prejudiced the defendant in preparing his defense.” (Internal quotation marks omitted.) Id. (quoting People v. Thingvold, 145 Ill. 2d 441, 448 (1991)). ¶ 24 The State urges us to review whether defendant was prejudiced in the preparation of her defense.	11	24
People v. Phillipsgreen ill · 2005 · cited in 5 Illinois opinions naming this issue, 2005–2022 2 sentences 2018"In other words, the appellate court should consider whether the defect in the information or indictment prejudiced the defendant in preparing his defense." Thingvold , 145 Ill. 2d at 448 , 164 Ill.Dec. 877 , 584 N.E.2d 89 ; accord Rowell , 229 Ill. 2d at 93 , 321 Ill.Dec. 765 , 890 N.E.2d 487 ; People v. Phillips , 215 Ill. 2d 554 , 562, 294 Ill.Dec. 624 , 831 N.E.2d 574 (2005). 2018"In other words, the appellate court should consider whether the defect in the information or indictment prejudiced the defendant in preparing his defense." Thingvold , 145 Ill. 2d at 448 , 164 Ill.Dec. 877 , 584 N.E.2d 89 ; accord Rowell , 229 Ill. 2d at 93 , 321 Ill.Dec. 765 , 890 N.E.2d 487 ; People v. Phillips , 215 Ill. 2d 554 , 562, 294 Ill.Dec. 624 , 831 N.E.2d 574 (2005).	4	5
People v. Careygreen ill · 2018 · cited in 4 Illinois opinions naming this issue, 2021–2024 2 sentences 2024See People v. Carey, 2018 IL 121371, ¶ 22 (noting that when a charging instrument is challenged for the first time on appeal, we consider “ ‘whether the defect in the information or indictment prejudiced the defendant in preparing his defense’ ” (quoting People v. Thingvold, 145 Ill. 2d 441, 448 (1991))). 2023See People v. Carey, 2018 IL 121371, ¶ 22 (in criminal prosecution, where defendant challenges indictment for first time on appeal, court should consider only whether the alleged defect in the indictment prejudiced the defendant in preparing his defense).	3	4
People v. Cuadradogreen ill · 2005 · cited in 3 Illinois opinions naming this issue, 2005–2022 2 sentences 2022“In other words, the appellate court should consider whether the defect in the information or indictment prejudiced the defendant in preparing his defense.” People v. Thingvold, 145 Ill. 2d 441, 448 (1991); see also People v. Cuadrado, 214 Ill. 2d 79, 86 (2005) (noting “posttrial motions attacking the sufficiency of an indictment are subject to a prejudice standard”). -8- ¶ 38 In determining whether prejudice exists, “the reviewing court may resort to the record.” Carey, 2018 IL 121371 , ¶ 22. 2005See also Cuadrado, 214 Ill. 2d at 86-88 (to prevail in a challenge to an indictment that is raised for the first time on appeal, the defendant must show prejudice in the preparation of her defense); People v. Phillips, 215 Ill. 2d 554, 562 (2005) (same).	3	3
People v. Pujouegreen ill · 1975 · cited in 6 Illinois opinions naming this issue, 1980–2001 2 sentences 1996(People v. Gilmore (1976), 63 Ill. 2d 23, 29 , 344 N.E.2d 456, 460 .) Rather, it is sufficient that the [indictment] 'apprised the accused of the precise offense charged with sufficient specificity to prepare his defense and allow pleading a resulting conviction as a bar to future prosecution arising out of the same conduct.’ (People v. Pujoue (1975), 61 Ill. 2d 335, 339 , 335 N.E.2d 437, 440 ; see also [People v.] Thingvold, 145 Ill. 2d [441,] 448, 584 N.E.2d [89,] 91.) Tn other words, the appellate court should consider whether the defect in the information or indictment prejudiced the defen 1996(People v. Gilmore (1976), 63 Ill. 2d 23, 29 , 344 N.E.2d 456, 460 .) Rather, it is sufficient that the [indictment] 'apprised the accused of the precise offense charged with sufficient specificity to prepare his defense and allow pleading a resulting conviction as a bar to future prosecution arising out of the same conduct.’ (People v. Pujoue (1975), 61 Ill. 2d 335, 339 , 335 N.E.2d 437, 440 ; see also [People v.] Thingvold, 145 Ill. 2d [441,] 448, 584 N.E.2d [89,] 91.) Tn other words, the appellate court should consider whether the defect in the information or indictment prejudiced the defen	2	6
People v. Brockgreen illappct · 2016 · cited in 2 Illinois opinions naming this issue, 2017–2018 2 sentences 2018See People v. Brock, 2015 IL App (1st) 133404, ¶¶ 18, 24 (finding that section 6 of the Act does not impose a registration requirement and “one can ‘report’ without registering”). 2017See People v. Brock , 2015 IL App (1st) 133404 , ¶¶ 18, 24, 398 Ill.Dec. 864 , 45 N.E.3d 295 (finding that section 6 of the Act does not impose a registration requirement and "one can 'report' without registering.").	2	2
People v. Rowellgreen ill · 2008 · cited in 2 Illinois opinions naming this issue, 2018–2018 2 sentences 2018"In other words, the appellate court should consider whether the defect in the information or indictment prejudiced the defendant in preparing his defense." Thingvold , 145 Ill. 2d at 448 , 164 Ill.Dec. 877 , 584 N.E.2d 89 ; accord Rowell , 229 Ill. 2d at 93 , 321 Ill.Dec. 765 , 890 N.E.2d 487 ; People v. Phillips , 215 Ill. 2d 554 , 562, 294 Ill.Dec. 624 , 831 N.E.2d 574 (2005). 2018"In other words, the appellate court should consider whether the defect in the information or indictment prejudiced the defendant in preparing his defense." Thingvold , 145 Ill. 2d at 448 , 164 Ill.Dec. 877 , 584 N.E.2d 89 ; accord Rowell , 229 Ill. 2d at 93 , 321 Ill.Dec. 765 , 890 N.E.2d 487 ; People v. Phillips , 215 Ill. 2d 554 , 562, 294 Ill.Dec. 624 , 831 N.E.2d 574 (2005).	2	2
People v. Davisgreen ill · 2002 · cited in 2 Illinois opinions naming this issue, 2005–2005 2 sentences 2005In other words, the question on appeal is ‘whether the defect in the information or indictment prejudiced the defendant in preparing his defense.’ Thingvold , 145 Ill. 2d at 448 .” People v. Davis , 205 Ill. 2d 349, 375-76 (2002). 2005In other words, the question on appeal is ‘whether the defect in the information or indictment prejudiced the defendant in preparing his defense.’ Thingvold, 145 Ill. 2d at 448 .” People v. Davis, 205 Ill. 2d 349, 375-76 (2002).	2	2
People v. Scottgreen illappct · 1996 · cited in 2 Illinois opinions naming this issue, 2003–2003 2 sentences 2003People v. Aud , 52 Ill. 2d 368, 370 (1972); People v. Scott , 285 Ill. 2003People v. Aud, 52 Ill. 2d 368, 370 (1972); People v. Scott, 285 Ill.	2	2
People v. Audgreen ill · 1972 · cited in 2 Illinois opinions naming this issue, 2003–2003 2 sentences 2003People v. Aud , 52 Ill. 2d 368, 370 (1972); People v. Scott , 285 Ill. 2003People v. Aud, 52 Ill. 2d 368, 370 (1972); People v. Scott, 285 Ill.	2	2
People v. Jonesgreen illappct · 1993 · cited in 2 Illinois opinions naming this issue, 2000–2000 2 sentences 2000See People v. Jones , 245 Ill. 2000See People v. Jones, 245 Ill.	2	2
People v. Gilmoregreen ill · 1976 · cited in 6 Illinois opinions naming this issue, 1991–2003 2 sentences 1996(People v. Gilmore (1976), 63 Ill. 2d 23, 29 , 344 N.E.2d 456, 460 .) Rather, it is sufficient that the [indictment] 'apprised the accused of the precise offense charged with sufficient specificity to prepare his defense and allow pleading a resulting conviction as a bar to future prosecution arising out of the same conduct.’ (People v. Pujoue (1975), 61 Ill. 2d 335, 339 , 335 N.E.2d 437, 440 ; see also [People v.] Thingvold, 145 Ill. 2d [441,] 448, 584 N.E.2d [89,] 91.) Tn other words, the appellate court should consider whether the defect in the information or indictment prejudiced the defen 1996(People v. Gilmore (1976), 63 Ill. 2d 23, 29 , 344 N.E.2d 456, 460 .) Rather, it is sufficient that the [indictment] 'apprised the accused of the precise offense charged with sufficient specificity to prepare his defense and allow pleading a resulting conviction as a bar to future prosecution arising out of the same conduct.’ (People v. Pujoue (1975), 61 Ill. 2d 335, 339 , 335 N.E.2d 437, 440 ; see also [People v.] Thingvold, 145 Ill. 2d [441,] 448, 584 N.E.2d [89,] 91.) Tn other words, the appellate court should consider whether the defect in the information or indictment prejudiced the defen	1	6
People v. Jeffersongreen illappct · 1976 · cited in 2 Illinois opinions naming this issue, 1985–1995 2 sentences 1995See People v. Jefferson (1976), 35 Ill. 1985App. 3d 424, 426 .) The court then went on to state that the determination of whether the trial court abused its discretion “is to be considered in light of the diligence shown on the part of the defendant [citations] as well as the extent such a denial embarrassed the defendant in preparing his defense and prejudiced his rights. [Citations.]” 35 Ill.	1	2
People v. Hughesgreen illappct · 1992 · cited in 1 Illinois opinions naming this issue, 1996–1996 2 sentences 1996(People v. Gilmore (1976), 63 Ill. 2d 23, 29 , 344 N.E.2d 456, 460 .) Rather, it is sufficient that the [indictment] 'apprised the accused of the precise offense charged with sufficient specificity to prepare his defense and allow pleading a resulting conviction as a bar to future prosecution arising out of the same conduct.’ (People v. Pujoue (1975), 61 Ill. 2d 335, 339 , 335 N.E.2d 437, 440 ; see also [People v.] Thingvold, 145 Ill. 2d [441,] 448, 584 N.E.2d [89,] 91.) Tn other words, the appellate court should consider whether the defect in the information or indictment prejudiced the defen 1996App. 3d at 471-72 , 592 N.E.2d at 669 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (30)

Case	Cited	Years
People v. Davis green ill · 2005 2 sentences 2011Davis, 217 Ill. 2d at 479 , 841 N.E.2d at 888 . 2011Davis, 217 Ill. 2d at 479 , 841 N.E.2d at 888 .	2	2011–2011
People v. Smith green ill · 1984 2 sentences 2001If, however, the information or indictment is attacked before trial, the information must strictly comply with the pleading requirements of the Code. 720 ILCS 5/3-5, 3-6, 3-7 (1996); People v. Smith , 99 Ill. 2d 467 (1984); Gilmore , 63 Ill. 2d at 29 ; Pujoue , 61 Ill. 2d at 339 . 2001If, however, the information or indictment is attacked before trial, the information must strictly comply with the pleading requirements of the Code. 720 ILCS 5/3 — 5, 3 — 6, 3 — 7 (West 1996); People v. Smith, 99 Ill. 2d 467 (1984); Gilmore, 63 Ill. 2d at 29 ; Pujoue, 61 Ill. 2d at 339 .	2	2001–2001
People v. Davis green ill · 1980 2 sentences 1994(People v. Davis (1980), 82 Ill. 2d 3d 534, 413 N.E.2d 413 .) If a defendant is sufficiently advised of the charges filed against him, the convictions may be sustained. 1991(People v. Davis (1980), 82 Ill. 2d 534 , 413 N.E.2d 413 .) Otherwise, if the charge is submitted in writing, and states (1) the name of the offense; (2) the statutory provision allegedly violated; (3) the name of the accused; (4) the date and county of the offense; and (5) sets forth the nature and elements of the offense, the indictment should not be dismissed nor will the conviction based on the indictment be reversed on that ground.	2	1991–1994
The PEOPLE v. Canaday green ill · 1971 2 sentences 1979People v. Canaday (1971), 49 Ill. 2d 416, 427 , 275 N.E.2d 356 ; People v. Allen (1976), 35 Ill. 1979People v. Canaday (1971), 49 Ill. 2d 416, 427 , 275 N.E.2d 356 ; People v. Allen (1976), 35 Ill.	2	1976–1979
People v. Libricz green ill · 2022 1 sentence 2025Specifically, “[i]n that instance, it is sufficient that the indictment apprised the accused of the precise offense charged with enough specificity to (1) allow preparation of his defense and (2) allow pleading a resulting conviction as a bar to future prosecution arising out of the same conduct. [Citation.] In other words, the appellate court - 11 - should consider whether the defect in the information or indictment prejudiced the defendant in preparing his defense. [Citations.] In determining whether prejudice exists, the reviewing court may resort to the record. [Citation.] Thus, the questi	1	2025–2025
People v. Talidis green illappct · 2023 1 sentence 2023The court also determined that denying the request for a continuance inhibited the defendant in preparing his defense and prejudiced his rights, - 29 - 2023 IL App (2d) 220109 as counsel was given complete discovery only after trial.	1	2023–2023
People v. Childs green illappct · 2011 1 sentence 2013People v. Childs, 407 Ill.	1	2013–2013
The PEOPLE v. Figgers green ill · 1962 1 sentence 1996Figgers, 23 Ill. 2d at 518-19 ; Givens, 135 Ill.	1	1996–1996
People v. Givens green illappct · 1985 1 sentence 1996Figgers, 23 Ill. 2d at 518-19 ; Givens, 135 Ill.	1	1996–1996
People v. Godina green illappct · 1991 1 sentence 1996People v. Godina, 223 Ill.	1	1996–1996
The People v. Blumenfeld green ill · 1928 1 sentence 1995(Lott, 66 Ill. 2d at 296-97 , citing People v. Blumenfeld (1928), 330 Ill. 474 .) While resolution of whether there has been an abuse of discretion in denying a motion for continuance based upon defense counsel’s lack of preparation is dependent upon the particular facts and circumstances of each case, it has been held that such a determination is to be considered in light of the diligence shown on the part of the defendant as well as the extent such a denial hindered the defendant in preparing his defense and prejudiced his rights.	1	1995–1995
People v. Lott green ill · 1977 1 sentence 1995(Lott, 66 Ill. 2d at 296-97 , citing People v. Blumenfeld (1928), 330 Ill. 474 .) While resolution of whether there has been an abuse of discretion in denying a motion for continuance based upon defense counsel’s lack of preparation is dependent upon the particular facts and circumstances of each case, it has been held that such a determination is to be considered in light of the diligence shown on the part of the defendant as well as the extent such a denial hindered the defendant in preparing his defense and prejudiced his rights.	1	1995–1995
People v. Donnenfeld neutral illappct · 1978 1 sentence 1988(People v. Alexander (1982), 93 Ill. 2d 73 , 442 N.E.2d 887 ; People v. Donnenfeld (1978), 62 Ill.	1	1988–1988
People v. Alexander green ill · 1982 2 sentences 1988(People v. Alexander (1982), 93 Ill. 2d 73 , 442 N.E.2d 887 ; People v. Donnenfeld (1978), 62 Ill. 1988(People v. Alexander (1982), 93 Ill. 2d 73 , 442 N.E.2d 887 ; People v. Donnenfeld (1978), 62 Ill.	1	1988–1988
People v. Johnson green ill · 1976 1 sentence 1980(People v. Johnson (1976), 65 Ill. 2d 332, 339 ; People v. Pujoue (1975), 61 Ill. 2d 335, 340 .) The variance between the complaint and the proof neither misled the defendant in preparing his defense nor subjected him to the danger of double jeopardy.	1	1980–1980
People v. Allen green illappct · 1976	1	1979–1979
People v. Brooks neutral illappct · 1976 1 sentence 1979App. 3d 983, 986 , 350 N.E.2d 821 .) Unless it appears that the refusal to grant a continuance embarrassed the defendant in preparing his defense or prejudiced his rights, the conviction should be affirmed.	1	1979–1979
People v. Brown neutral illappct · 1973	1	1976–1976
People v. Gatheright neutral illappct · 1973	1	1976–1976
People v. Felder neutral illappct · 1974	1	1976–1976
People v. Hicks green illappct · 1970	1	1976–1976
People v. Lyons green illappct · 1975	1	1976–1976
Giles v. Maryland green scotus · 1967	1	1972–1972
State v. Thompson green mo · 1965	1	1972–1972
William B. Barbee v. Warden, Maryland Penitentiary green ca4 · 1964	1	1972–1972
Ex Parte Cherry neutral texcrimapp · 1970	1	1972–1972
McMullen v. Maxwell green ohio · 1965	1	1972–1972
State v. O'Dell Fowler green ariz · 1967	1	1972–1972
The People v. Braverman green ill · 1930	1	1957–1957
People v. Taranto neutral ill · 1954	1	1957–1957

Statutes the citing opinions construe

IL § 725 ILCS 5/111-3 (11) IL § 720 ILCS 5/18-2 (3) IL § 720 ILCS 5/9-1 (3) IL § 730 ILCS 5/5-8-1 (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.

Where else courts name it

IL 51 (1957–2025) MD 25 (1965–2024) IN 10 (2014–2026) CA 9 (1972–2025) TN 8 (1998–2016) NE 6 (1927–1990) MI 5 (1997–2021) OH 3 (1986–2013) NY 3 (1971–1986) OR 2 (1986–1998) ID 2 (1939–1982) PA 2 (1980–2016) FL 2 (1965–2013) MN 2 (1984–1985) MO 2 (1967–1986)

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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