refusal to give instruction in Illinois

2002App. 3d 932 , 652 N.E.2d 1132 (1995) (the refusal to give an instruction will result in a new trial only where the party shows serious prejudice to her right to a fair trial). 6 Plaintiffs further argue that Dr. Socol’s testimony was improper because it was based solely on a study published in 1994, three years after the relevant time period.

2002App. 3d 932 , 652 N.E.2d 1132 (1995) (the refusal to give an instruction will result in a new trial only where the party shows serious prejudice to her right to a fair trial) . 6: Plaintiffs further argue that Dr. Socol's testimony was improper because it was based solely on a study published in 1994, three years after the relevant time period.

1992"A refusal to give an instruction will be held to be harmless and not a ground for reversal where it can be said that the result of the trial would not have been different if the instruction had been given.” (People v. Moore (1983), 95 Ill. 2d 404, 410 , 447 N.E.2d 1327, 1330 .) When one considers how completely overwhelming the evidence was against each defendant, the conclusion is ineluctable that the outcome could not have been different.

1992"A refusal to give an instruction will be held to be harmless and not a ground for reversal where it can be said that the result of the trial would not have been different if the instruction had been given.” (People v. Moore (1983), 95 Ill. 2d 404, 410 , 447 N.E.2d 1327, 1330 .) When one considers how completely overwhelming the evidence was against each defendant, the conclusion is ineluctable that the outcome could not have been different.

2007Dahan, 295 Ill.

2007Dahan, 295 Ill.

1986Ed. 150 , 75 S. Ct. 127 , the United States Supreme Court found no error in the refusal to give an instruction such as the one at issue here.

1985Ed. 150 , 75 S. Ct. 127 , the United States Supreme Court found no error in the refusal to give an instruction such as the one at issue here.

1981(People v. Bembroy (1972), 4 Ill.

1977(People v. Bembroy, 4 Ill.

1978McManus v. Feist (4th Dist. 1966), 76 Ill.

1971McManus v. Feist (1965), 76 Ill.

1970Such instruction provided, “The jury are instructed by the Court that if they can reconcile the evidence in this case upon any other reasonable theory or hypothesis than that of the defendant’s guilt, it is your duty to do so and acquit the defendant.” Defendant argues that the refusal to give such instruction constitutes reversible error under the authority of Larrance v. People, 222 Ill 155, 78 NE 50 , and People v. Downen, 374 Ill 146,28 NE2d 91 .

1940(Larrance v. People, 222 Ill. 155 .) The motion for new trial was in writing and did not assign the refusal to give this instruction as error and, consequently, it was waived.

1995App. 3d 848, 854 , 508 N.E.2d 508 .) However, & party is entitled to have the jury instructed on the theory of his case, but the refusal to give an instruction will result in a new trial only where the party shows serious prejudice to her right to a fair trial.

1994Ellison, 126 Ill.

1994Bryant, 123 Ill.

1992Carroll, Alan, and Brian also maintain that it was ineffective assistance of counsel not to object to the IPIs used or not to have tendered an instruction on the definition of "victim.” Under Strickland v. Washington (1984), 466 U.S. 668 , 80 L.

1992Carroll, Alan, and Brian also maintain that it was ineffective assistance of counsel not to object to the IPIs used or not to have tendered an instruction on the definition of "victim.” Under Strickland v. Washington (1984), 466 U.S. 668 , 80 L.

1991Ferry v. Checker Taxi Co. (1987), 165 Ill.

1990People v. Austin (1989), 133 Ill. 2d 118, 124 , 549 N.E.2d 331, 333 ; People v. Moore (1983), 95 Ill. 2d 404, 410 , 447 N.E.2d 1327, 1330 .

1990People v. Austin (1989), 133 Ill. 2d 118, 124 , 549 N.E.2d 331, 333 ; People v. Moore (1983), 95 Ill. 2d 404, 410 , 447 N.E.2d 1327, 1330 .

1990App. 3d 713, 716-17 , 490 N.E.2d 1034, 1036 .) Furthermore, our supreme court has consistently held that a refusal to give an instruction will not justify a reversal when the evidence in support of conviction is so clear and convincing that the jury’s verdict would not have been different if the instruction had been given.

1990The appellate court in Schmidt concluded that the rationale for requiring the theft instruction “is based on the case law holding an accused is entitled to instructions on his theory of the case, and a refusal to give such instruction is error.” Schmidt, 161 Ill.

1987(In re Estate of Loesch (1985), 134 Ill.

1987App.3d 805 , 350 N.E.2d 850 ; People v. Dortch (1974), 20 Ill.

1987(People v. Harris (1976), 39 Ill.

1987Because of the absence of an included offense and the rejection of the "inherent relationship" doctrine, we come to the conclusion the justification for requiring the theft instruction is based on the case law holding an accused is entitled to instructions on his theory of the case, and a refusal to give such instruction is error. ( People v. Harris (1976), 39 Ill.

1987(Svenson v. Miller Builders, Inc. (1979), 74 Ill.

1983People v. Diekelmann (1937), 367 Ill. 372, 387 ; e.g., People v. Davis (1957), 10 Ill. 2d 430, 443 , cert. denied (1957), 355 U.S. 820 , 2 L.

1983People v. Diekelmann (1937), 367 Ill. 372, 387 ; e.g., People v. Davis (1957), 10 Ill. 2d 430, 443 , cert. denied (1957), 355 U.S. 820 , 2 L.

1983People v. Diekelmann (1937), 367 Ill. 372, 387 ; e.g., People v. Davis (1957), 10 Ill. 2d 430, 443 , cert. denied (1957), 355 U.S. 820 , 2 L.

1983People v. Diekelmann (1937), 367 Ill. 372, 387 ; e.g., People v. Davis (1957), 10 Ill. 2d 430, 443 , cert. denied (1957), 355 U.S. 820 , 2 L.

1978App. 3d 1001 , 343 N.E.2d 65 .) A party to a lawsuit is entitled to instructions on its theory of the case when that theory is supported by the pleadings and evidence but, where no prejudice is shown, the refusal to give an instruction is not reversible error.

1978Cf. People v. White (1977), 67 Ill. 2d 107 .