unless instruction (Illinois) · Go Syfert
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unless instruction in Illinois

6 Illinois opinions name it 2 courts 1989–2025 2 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 (3)

CaseFollowedCited
Schultz v. NORTHEAST ILL. REGIONAL COMMUTER RAILROAD CORP.green
ill · 2002 · cited in 3 Illinois opinions naming this issue, 2016–2025
2 sentences

2025Corp., 201 Ill. 2d 260, 274 (2002)). ¶ 151 We first note, at the portion of the jury instruction conference in the record, when the trial court denied the instruction, it stated, “That’s going to be denied.

2017Corp., 201 Ill. 2d 260, 274 , 775 N.E.2d 964, 973 (2002). ¶ 36 We now turn to the merits of defendant’s argument. ¶ 37 C.

33
Schnitker v. Springfield Urban League, Inc.green
illappct · 2016 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025“Even if the trial court errs by giving an improper instruction, a reviewing court will ordinarily not reverse the trial court unless the instruction ‘clearly misled the jury and resulted in prejudice to the appellant.’ ” Schnitker v. Springfield Urban League, Inc., 2016 IL App (4th) 150991, ¶ 35 (quoting Schultz v. Northeast Illinois Regional Commuter R.R.

11
People v. Pattersongreen
ill · 2005 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012People v. Patterson, 217 Ill. 2d 407, 428 (2005). ¶ 141 Even if admission of the autopsy report was error, defendant did not properly preserve this issue and he has not argued that admission of the autopsy report was plain error.

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 (4)

CaseCitedYears
Studt v. Sherman Health Systems green
ill · 2011
2 sentences

2017Where a nonpattern instruction is given, that instruction should be “simple, brief, impartial, and free from argument.” Id. ¶ 35 Even if the trial court errs by giving an improper instruction, a reviewing court will ordinarily not reverse the trial court unless the instruction “clearly misled the jury and resulted in prejudice to the appellant.” Schultz v. Northeast Illinois Regional Commuter R.R.

2016Where a nonpattern instruction is given, that instruction should be “simple, brief, impartial, and free from argument.” Id. -9- ¶ 35 Even if the trial court errs by giving an improper instruction, a reviewing court will ordinarily not reverse the trial court unless the instruction “clearly misled the jury and resulted in prejudice to the appellant.” Schultz v. Northeast Illinois Regional Commuter R.R.

22016–2017
Caron v. United States green
scotus · 1998
2 sentences

2021Thus, the question was “whether the handgun restriction activates the unless clause, making the convictions count under federal law.” Caron, 524 U.S. at 313 . ¶ 32 The defendant argued that “the unless clause allows an offender to possess what state law permits him to possess, and nothing more.” Caron, 524 U.S. at 314 .

2021Thus, the question was “whether the handgun restriction activates the unless clause, making the convictions count under federal law.” Caron, 524 U.S. at 313 . ¶ 32 The defendant argued that “the unless clause allows an offender to possess what state law permits him to possess, and nothing more.” Caron, 524 U.S. at 314 .

12021–2021
People v. Ellis green
illappct · 1982
1 sentence

1989App. 3d 603 , 437 N.E.2d 409 .) Moreover, even where a reviewing court finds that an improper instruction was given, it will not reverse the trial court unless the instruction affected the outcome of the verdict.

11989–1989
People v. Rufus green
illappct · 1982
1 sentence

1989People v. Rufus (1982), 104 Ill.

11989–1989

Where else courts name it

NM 53 (2010–2026) WV 48 (1949–2026) MN 38 (1986–2026) NC 24 (1903–2026) OK 16 (1925–2007) MI 15 (1994–2026) WA 13 (1973–2022) PA 12 (1969–2014) TX 12 (1911–2020) TN 10 (2002–2021) MO 9 (1898–2009) NY 9 (1976–2016) MA 8 (1973–2021) IL 6 (1989–2025) CA 5 (1955–2022) MD 5 (1975–2007) NJ 4 (2019–2022) WI 4 (1908–2012) CO 3 (2004–2019) LA 3 (1965–1988) MT 3 (1931–2004) KS 3 (1896–1976) GA 3 (1990–2016) CT 3 (1935–1974) NV 2 (1973–2022) IN 2 (1947–1999) OH 2 (1999–2022) FL 2 (1965–1968) OR 2 (1998–2012)

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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