diminished mental capacity doctrine (Illinois) · Go Syfert
← Illinois issues

diminished mental capacity doctrine in Illinois

6 Illinois opinions name it 1 courts 2018–2022 1 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 (5)

CaseFollowedCited
People v. Johnsongreen
illappct · 2018 · cited in 4 Illinois opinions naming this issue, 2019–2022
2 sentences

2022See People v. Frazier, 2019 IL App (1st) 172250, ¶ 36 (under Hulitt, “ ‘[a]n expert may not give an opinion supporting the doctrine of diminished mental capacity because *** that doctrine is not recognized in Illinois’ ” (quoting People v. Johnson, 2018 IL App (1st) 140725, ¶ 70 ); People v. Nepras, 2020 IL App (2d) 180081, ¶ 28 (under Hulitt, defense expert was properly barred from testifying that defendant could not form intent to commit theft, as such testimony was “effectively a diminished-capacity defense” that is “no longer available in Illinois” and, thus, “a defendant may not raise it

2020As noted, however, “[a]n expert may not give an opinion supporting the doctrine of diminished mental capacity because *** that doctrine is not recognized in Illinois.” Johnson, 2018 IL App (1st) 140725, ¶ 70 (citing Hulitt, 361 Ill.

44
People v. Hulittgreen
illappct · 2005 · cited in 4 Illinois opinions naming this issue, 2018–2020
2 sentences

2020As noted, however, “[a]n expert may not give an opinion supporting the doctrine of diminished mental capacity because *** that doctrine is not recognized in Illinois.” Johnson, 2018 IL App (1st) 140725, ¶ 70 (citing Hulitt, 361 Ill.

2019As noted, however, “[a]n expert may not give an opinion supporting the doctrine of diminished mental capacity because *** that doctrine is not recognized in Illinois.” Johnson, 2018 IL App (1st) 140725, ¶ 70 (citing Hulitt, 361 Ill.

24
People v. Neprasgreen
illappct · 2020 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022See People v. Frazier, 2019 IL App (1st) 172250, ¶ 36 (under Hulitt, “ ‘[a]n expert may not give an opinion supporting the doctrine of diminished mental capacity because *** that doctrine is not recognized in Illinois’ ” (quoting People v. Johnson, 2018 IL App (1st) 140725, ¶ 70 ); People v. Nepras, 2020 IL App (2d) 180081, ¶ 28 (under Hulitt, defense expert was properly barred from testifying that defendant could not form intent to commit theft, as such testimony was “effectively a diminished-capacity defense” that is “no longer available in Illinois” and, thus, “a defendant may not raise it

11
People v. Fraziergreen
illappct · 2019 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022See People v. Frazier, 2019 IL App (1st) 172250, ¶ 36 (under Hulitt, “ ‘[a]n expert may not give an opinion supporting the doctrine of diminished mental capacity because *** that doctrine is not recognized in Illinois’ ” (quoting People v. Johnson, 2018 IL App (1st) 140725, ¶ 70 ); People v. Nepras, 2020 IL App (2d) 180081, ¶ 28 (under Hulitt, defense expert was properly barred from testifying that defendant could not form intent to commit theft, as such testimony was “effectively a diminished-capacity defense” that is “no longer available in Illinois” and, thus, “a defendant may not raise it

11
People v. Himbergreen
illappct · 2020 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See, e.g., People v. Johnson, 2018 IL App (1st) 140725, ¶ 70 (“An expert may not give an opinion supporting the doctrine of diminished mental capacity, because, as we have previously stated, that doctrine is not recognized in Illinois”); People v. Himber, 2020 IL App (1st) 162182, ¶ 55 (voluntary intoxication cannot be asserted as an affirmative defense to negate the element of intent); 720 ILCS 5/6-3 (West 2014) (“A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless such - 21 - No. 1-17-2497 condition is involuntarily produced and deprives him of

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
People v. Freedman green
ill · 1954
1 sentence

2020See, e.g., People v. Johnson, 2018 IL App (1st) 140725, ¶ 70 (“An expert may not give an opinion supporting the doctrine of diminished mental capacity, because, as we have previously stated, that doctrine is not recognized in Illinois”); People v. Himber, 2020 IL App (1st) 162182, ¶ 55 (voluntary intoxication cannot be asserted as an affirmative defense to negate the element of intent); 720 ILCS 5/6-3 (West 2014) (“A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless such - 21 - No. 1-17-2497 condition is involuntarily produced and deprives him of

12020–2020

Statutes the citing opinions construe

IL § 720 ILCS 5/9-1 (4)

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 6 (2018–2022) MO 3 (1982–2019) KS 3 (1980–1991)

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.

← Caselaw search · G Cite Topics · Brief Check