50 Illinois opinions name it 2 courts 1975–2026 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.
| Case | Followed | Cited |
|---|---|---|
People v. Pegramgreen2 sentences2007App. 3d at 492-93 (holding that defendant was deprived of a fair trial when defense counsel failed to tender a jury instruction because there was a reasonable probability that being advised of the proper burden of proof, the jury could have been persuaded to conclude that defendant was compelled to commit the crime); Pegram, 124 Ill. 2d at 173-74 (court held that “ ‘[fundamental fairness includes *** seeing to it that certain basic instructions, essential to a fair determination of the case by the jury, are given.’ [Citation.] *** [T]he omission [of a compulsion instruction] ‘removed from the 2007Either way, counsel would have been at fault for the failure. 58 No. 1-04-2709 been persuaded to conclude that defendant was compelled to commit the crime); Pegram, 124 Ill. 2d at 173-74 (court held that “‘[f]undamental fairness includes *** seeing to it that certain basic instructions, essential to a fair determination of the case by the jury, are given.’ [Citation.] ***[T]he omission [of a compulsion instruction] ‘removed from the jury’s consideration a disputed issue essential to the determination of defendant’s guilt or innocence.’ [Citation.]”) For the foregoing reasons, we reverse and re | 4 | 7 |
People v. Scherzergreen2 sentences2026See People v. Scherzer, 179 Ill. 1991App. 3d 624, 644 , 534 N.E.2d 1043, 1057 .) The only evidence presented to support instructions on the compulsion defense involved Driskel’s stabbing of Urica Winder, who did not die. | 3 | 7 |
People v. Serranogreen2 sentences2011See, e.g., People v. Serrano, 286 Ill.App.3d 485, 492 , 222 Ill.Dec. 47 , 676 N.E.2d 1011 (1997) (concluding that where "defendant did not dispute that he was present during [an armed robbery], but contended that he was compelled through fear to do it," defense counsel was constitutionally ineffective for failing to request the compulsion instruction); People v. Gonzalez, 385 Ill.App.3d 15, 21 , 324 Ill.Dec. 267 , 895 N.E.2d 982 (2008) (finding counsel ineffective where theory of defense to aggravated criminal sexual abuse was defendant's reasonable belief that victim was 17 years or age or ol 2011See, e.g., People v. Serrano, 286 Ill.App.3d 485, 492 , 222 Ill.Dec. 47 , 676 N.E.2d 1011 (1997) (concluding that where "defendant did not dispute that he was present during [an armed robbery], but contended that he was compelled through fear to do it," defense counsel was constitutionally ineffective for failing to request the compulsion instruction); People v. Gonzalez, 385 Ill.App.3d 15, 21 , 324 Ill.Dec. 267 , 895 N.E.2d 982 (2008) (finding counsel ineffective where theory of defense to aggravated criminal sexual abuse was defendant's reasonable belief that victim was 17 years or age or ol | 3 | 4 |
People v. Simsgreen2 sentences2016App. 3d at 1021 . ¶ 41 Defendant argues that he presented sufficient evidence to allow for a compulsion instruction, primarily citing People v. Sims, 374 Ill. 2008A compulsion defense is not available "if the defendant had ample 18 1-06-1190 opportunities to withdraw from the criminal enterprise but failed to do so." Sims, 374 Ill. | 2 | 3 |
People v. Williamsgreen2 sentences2016See, e.g., People v. Orasco, 2016 IL App (3d) 120633-B, ¶ 29 (finding no evidence warranting compulsion instruction where, although defendant repeatedly stated that “he was just doing what he was told,” there was no “impending threat of great bodily harm” despite co-offender “pretty much point[ing] the gun” at defendant and telling defendant that if he “tried to run off *** he would kill” defendant); People v. Williams, 97 Ill. 2016See, e.g., People v. Orasco, 2016 IL App (3d) 120633-B, ¶ 29 (finding no evidence warranting compulsion instruction where, although defendant repeatedly stated that “he was just doing what he was told,” there was no “impending threat of great bodily harm” despite co- offender “pretty much point[ing] the gun” at defendant and telling defendant that if he “tried to run off *** he would kill” defendant); People v. Williams, 97 Ill. | 2 | 2 |
People v. Jonesgreen2 sentences2016People v. Jones, 175 Ill. 2d 126, 132 (1997). ¶ 39 Although the trial court implied that, had there had been prior notice of the compulsion defense, it would have given the jury an instruction on compulsion, the court ultimately denied the instruction based on notice, not on the substantive evidentiary question of whether defendant would have been entitled to the instruction. 2016People v. Jones, 175 Ill. 2d 126, 132 (1997). ¶ 39 Although the trial court implied that, had there had been prior notice of the compulsion defense, it would have given the jury an instruction on compulsion, the court ultimately denied the instruction based on notice, not on the substantive evidentiary question of whether defendant would have been entitled to the instruction. | 2 | 2 |
People v. Miltongreen2 sentences2016See, e.g., Orasco, 2016 IL App (3d) 120633-B, ¶ 29 ; People v. Milton, 182 Ill. 2016See, e.g., Orasco, 2016 IL App (3d) 120633-B, ¶ 29 ; People v. Milton, 182 Ill. | 2 | 2 |
People v. Mooregreen2 sentences2008See People v. Moore, 356 Ill. 2008See People v. Moore, 356 Ill. | 2 | 2 |
People v. Alvinegreen2 sentences2000See Alvine, 173 Ill.2d at 297 , 219 Ill.Dec. 546 , 671 N.E.2d 713 . 2000See Alvine, 173 Ill. 2d at 297 . | 2 | 2 |
Strickland v. Washingtongreen2 sentences2011Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 2011Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 3 |
People v. Gonzalezgreen2 sentences2011See, e.g., People v. Serrano, 286 Ill.App.3d 485, 492 , 222 Ill.Dec. 47 , 676 N.E.2d 1011 (1997) (concluding that where "defendant did not dispute that he was present during [an armed robbery], but contended that he was compelled through fear to do it," defense counsel was constitutionally ineffective for failing to request the compulsion instruction); People v. Gonzalez, 385 Ill.App.3d 15, 21 , 324 Ill.Dec. 267 , 895 N.E.2d 982 (2008) (finding counsel ineffective where theory of defense to aggravated criminal sexual abuse was defendant's reasonable belief that victim was 17 years or age or ol 2011See, e.g., People v. Serrano, 286 Ill.App.3d 485, 492 , 222 Ill.Dec. 47 , 676 N.E.2d 1011 (1997) (concluding that where "defendant did not dispute that he was present during [an armed robbery], but contended that he was compelled through fear to do it," defense counsel was constitutionally ineffective for failing to request the compulsion instruction); People v. Gonzalez, 385 Ill.App.3d 15, 21 , 324 Ill.Dec. 267 , 895 N.E.2d 982 (2008) (finding counsel ineffective where theory of defense to aggravated criminal sexual abuse was defendant's reasonable belief that victim was 17 years or age or ol | 1 | 2 |
People v. Burtongreen1 sentence2026See People v. Burton, 184 Ill. 2d 1, 34 (1998) (noting the mere existence of mitigating evidence does not preclude imposition of the maximum sentence). - 37 - ¶ 107 Defendant also argues in a single sentence in the opening brief—without further elaboration in the reply brief—that plea counsel failed to “present any medical or psychological testimony to explain how [defendant’s] history of abuse could have led to her participation in the crime.” This claim is contradicted by the testimony of Peshek at the hearing on defendant’s motion to withdraw her guilty plea, where she explained that she ha | 1 | 1 |
People v. Nicholasgreen1 sentence2024The State has considerable latitude in closing argument and “may comment on the evidence and any fair, reasonable inferences it yields.” People v. Nicholas, 218 Ill. 2d 104, 121 (2005). | 1 | 1 |
United States v. Hubbellgreen1 sentence2023See Hubbell, 530 U.S. at 37 . | 1 | 1 |
People v. Robinsongreen2 sentences2021“A threat of future injury ‘is not sufficient to excuse criminal conduct.’ ” Id. (quoting People v. Robinson, 41 Ill. 2021“A threat of future injury ‘is not sufficient to excuse criminal conduct.’ ” Id. (quoting Robinson, 41 Ill. | 1 | 1 |
People v. Jacksongreen1 sentence2016People v. Jackson, 100 Ill. | 1 | 1 |
| People v. Hoddenbachgreen | 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. Ganus
green
2 sentences2024App. 3d 231, 267 (2007), and People v. Ganus, 148 Ill. 2d 466, 472 (1992) (recognizing that the defendant, who was charged with murder, was not entitled to a compulsion defense). 1996In People v. Ganus, 148 Ill. 2d 466 , 594 N.E.2d 211 (1992), the defendant claimed he was denied effective assistance of counsel when his lawyer elicited testimony about his gang activity in prison to prove a compulsion defense in a murder case. | 6 | 1992–2024 |
People v. Gleckler
green
2 sentences2011People v. Gleckler, 82 Ill.2d 145, 157 , 44 Ill.Dec. 483 , 411 N.E.2d 849 (1980); People v. Haynie, 347 Ill.App.3d 650, 655 , 283 Ill.Dec. 146 , 807 N.E.2d 987 (2004); see 720 ILCS 5/7-11 (West 2002). ¶ 41 Notwithstanding, at the jury instruction conference, defense counsel argued that the compulsion defense should be available because defendant was charged under the accountability statute as opposed to solely under the murder statute. 2011People v. Gleckler, 82 Ill.2d 145, 157 , 44 Ill.Dec. 483 , 411 N.E.2d 849 (1980); People v. Haynie, 347 Ill.App.3d 650, 655 , 283 Ill.Dec. 146 , 807 N.E.2d 987 (2004); see 720 ILCS 5/7-11 (West 2002). ¶ 41 Notwithstanding, at the jury instruction conference, defense counsel argued that the compulsion defense should be available because defendant was charged under the accountability statute as opposed to solely under the murder statute. | 4 | 1991–2011 |
People v. Adcock
green
2 sentences2016App. 3d 231 (2007), and People v. Adcock, 29 Ill. 2007People v. Adcock, 29 Ill. | 3 | 2007–2016 |
People v. James
green
2 sentences1998The court noted "`[n]ot every remark is specific enough to rise to the level of a direct threat or be so dire a warning as to reasonably instill the degree of fear of impending harm claimed to necessitate [the] defendant's actions and require an instruction on necessity.' (Emphasis added.) ( People v. James (1989), 180 Ill.App.3d 461, 465 , 129 Ill.Dec. 382 , 535 N.E.2d 1147, 1150 .)" Phillips, 186 Ill.App.3d at 65 , 133 Ill.Dec. 860 , 541 N.E.2d at 1306 . 1989App. 3d 461, 465 , 535 N.E.2d 1147, 1150 .) The same observation may be made of a compulsion instruction. | 3 | 1989–1998 |
People v. Colone
green
2 sentences1989People v. Colone (1978), 56 Ill. 1988App. 3d 1018, 1021 , 372 N.E.2d 871, 873 , appeal denied (1978), 71 Ill. 2d 603 , as establishing that the reasonableness of a defendant’s beliefs and actions are relevant to evaluating the compulsion defense. | 3 | 1981–1989 |
People v. Haynie
green
2 sentences2011People v. Gleckler, 82 Ill.2d 145, 157 , 44 Ill.Dec. 483 , 411 N.E.2d 849 (1980); People v. Haynie, 347 Ill.App.3d 650, 655 , 283 Ill.Dec. 146 , 807 N.E.2d 987 (2004); see 720 ILCS 5/7-11 (West 2002). ¶ 41 Notwithstanding, at the jury instruction conference, defense counsel argued that the compulsion defense should be available because defendant was charged under the accountability statute as opposed to solely under the murder statute. 2011People v. Gleckler, 82 Ill.2d 145, 157 , 44 Ill.Dec. 483 , 411 N.E.2d 849 (1980); People v. Haynie, 347 Ill.App.3d 650, 655 , 283 Ill.Dec. 146 , 807 N.E.2d 987 (2004); see 720 ILCS 5/7-11 (West 2002). ¶ 41 Notwithstanding, at the jury instruction conference, defense counsel argued that the compulsion defense should be available because defendant was charged under the accountability statute as opposed to solely under the murder statute. | 2 | 2011–2011 |
People v. Carini
green
2 sentences2004In People v. Carini , 151 Ill. 2004In People v. Carini, 151 Ill. | 2 | 2004–2004 |
People v. Creach
green
2 sentences1989App. 3d 874 , 387 N.E.2d 762 , the appellate court reversed a conviction, with one judge dissenting, in part on the ground that the court erred in refusing to give a compulsion instruction. 1980Reviewing the facts and the principles of law noted above, the court concluded that the facts showed “some evidence” of compulsion and ruled that, consequently, a compulsion instruction should have been given. 69 Ill. | 2 | 1980–1989 |
People v. Robinson
green
1 sentence2025As we have explained above, however, “recognizing the existence of a conflict with the trial evidence is not the same as finding that the new evidence is positively rebutted.” Robinson, 2020 IL 123849, ¶ 60 . | 1 | 2025–2025 |
People v. Collins
green
2 sentences2021“For the compulsion defense to apply, the threat of death or great bodily harm must be imminent.” People v. Collins, 2016 IL App (1st) 143422, ¶ 35 . 2021“For the compulsion defense to apply, the threat of death or great bodily harm must be imminent.” Collins, 2016 IL App (1st) 143422, ¶ 35 . | 1 | 2021–2021 |
People v. Unger
green
2 sentences2021Unger, 66 Ill. 2d at 341 , 362 N.E.2d at 322-23 . 2021According to defendant, the instruction should have been given because he presented evidence he believed he had to flee the traffic stop to avoid his death and/or the death of a police officer approaching his vehicle during the initial stop. ¶ 26 In Unger, 66 Ill. 2d at 341 , 362 N.E.2d at 322 , the supreme court held a necessity defense and a compulsion defense are “theoretically distinct.” Necessity is defined by statute as follows: “Conduct which would otherwise be an offense is justifiable by reason of necessity if the accused was without blame in occasioning or developing the situation an | 1 | 2021–2021 |
People v. Lewis
green
2 sentences2011Where defense counsel argues that a defendant was justified in killingand thus admits that the defendant was the killer but then offers no instruction on self-defense, the jury is left "with no choice but to find defendant guilty of murder." People v. Lewis, 240 Ill.App.3d 463, 469-70 , 182 Ill.Dec. 139 , 609 N.E.2d 673 (1992) (finding that where trial counsel told the jury in closing, "`You got an easy job on Nimrod. 2011Where defense counsel argues that a defendant was justified in killingand thus admits that the defendant was the killer but then offers no instruction on self-defense, the jury is left "with no choice but to find defendant guilty of murder." People v. Lewis, 240 Ill.App.3d 463, 469-70 , 182 Ill.Dec. 139 , 609 N.E.2d 673 (1992) (finding that where trial counsel told the jury in closing, "`You got an easy job on Nimrod. | 1 | 2011–2011 |
People v. Phillips
green
2 sentences1998The court noted "`[n]ot every remark is specific enough to rise to the level of a direct threat or be so dire a warning as to reasonably instill the degree of fear of impending harm claimed to necessitate [the] defendant's actions and require an instruction on necessity.' (Emphasis added.) ( People v. James (1989), 180 Ill.App.3d 461, 465 , 129 Ill.Dec. 382 , 535 N.E.2d 1147, 1150 .)" Phillips, 186 Ill.App.3d at 65 , 133 Ill.Dec. 860 , 541 N.E.2d at 1306 . 1998The court noted "`[n]ot every remark is specific enough to rise to the level of a direct threat or be so dire a warning as to reasonably instill the degree of fear of impending harm claimed to necessitate [the] defendant's actions and require an instruction on necessity.' (Emphasis added.) ( People v. James (1989), 180 Ill.App.3d 461, 465 , 129 Ill.Dec. 382 , 535 N.E.2d 1147, 1150 .)" Phillips, 186 Ill.App.3d at 65 , 133 Ill.Dec. 860 , 541 N.E.2d at 1306 . | 1 | 1998–1998 |
People v. Raya
green
1 sentence1994People v. Raya (1993), 250 Ill. | 1 | 1994–1994 |
| People v. Bryant green | 1 | 1991–1991 |
| People v. Creach green | 1 | 1989–1989 |
| People v. Terry green | 1 | 1988–1988 |
| People v. Eliason green | 1 | 1987–1987 |
| People v. Byer green | 1 | 1981–1981 |
| People v. Nicholson green | 1 | 1981–1981 |
| People v. Johnson green | 1 | 1981–1981 |
| The PEOPLE v. Ricker green | 1 | 1981–1981 |
| The People v. Clark green | 1 | 1980–1980 |
| People v. Rodriquez green | 1 | 1980–1980 |
| People v. Collins neutral | 1 | 1980–1980 |
| People v. Keating neutral | 1 | 1975–1975 |
| People v. Wester green | 1 | 1975–1975 |
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.