absence of any error in Illinois

2021In the absence of any error, there is no need to address the oft-cited two-pronged test in Strickland v. Washington, 466 U.S. 668 (1984), i.e., (1) that - 12 - counsel’s performance was deficient and (2) that the deficient performance prejudiced defendant.

2021In the absence of any error, there is no need to address the oft-cited two-pronged test in Strickland v. Washington, 466 U.S. 668 (1984), i.e., - 13 - (1) that counsel’s performance was deficient and (2) that the deficient performance prejudiced defendant.

2010Landmarks, 125 Ill. 2d at 179-80 , 531 N.E.2d at 15-16 .

2010Landmarks, 125 Ill. 2d at 179-80 , 531 N.E.2d at 15-16 .

2010Jeffers, 239 Ill.

2010Jeffers, 239 Ill.

2005Taylor , therefore, anticipated the rule later articulated in Jones and Apprendi that any fact, other than a prior conviction, sufficient to extend a defendant’s sentence must be found by a jury “in the absence of any waiver of rights by the defendant.” Shepard , 544 U.S. at __ , 161 L.

2005Taylor, therefore, anticipated the rule later articulated in Jones and Apprendi that any fact, other than a prior conviction, sufficient to extend a defendant’s sentence must be found by a jury “in the absence of any waiver of rights by the defendant.” Shepard, 544 U.S. at 24 , 161 L.

1925(Rack v. Chicago City Railway Co. 173 Ill. 289 .) This rule was invoked by the plaintiffs in error in their defense of the case.

1912Co., 173 Ill. 289 , where a boy four years and seven months old was injured under somewhat like circumstances, it was held that until the boy indicated an intention to cross the track the gripman was not required to stop or slacken the speed of his train, and that if upon seeing the boy start to run across the track the gripman stopped the train as soon as possible the defendant was not chargeable with negligence, in the absence of any claim that the train was not properly equipped with brakes.

2025Mendez v. City of Chicago, 2023 IL App (1st) 211513, ¶ 29 ; see People v. Jihan, 127 Ill. 2d 379, 385-86 (1989).

2023Watson, 423 U.S. at 417 . ¶ 25 In the absence of any exception to the lockstep doctrine, we construe the search and seizure clause of our state constitution in accordance with the United States Supreme Court’s interpretation of the fourth amendment on the issues of warrantless arrests.

2014CONCLUSION ¶ 91 We hold that (1) the State proved beyond a reasonable doubt that defendant knowingly committed felony criminal damage to property, which formed the basis of the armed violence convictions, when he discharged the firearm and struck the two vehicles; (2) the State proved beyond a reasonable doubt that defendant knowingly discharged the firearm “at or into” the houses that were struck and that defendant knew or should have known that they were occupied; (3) the - 29 - 2014 IL App (2d) 130148 State proved beyond a reasonable doubt that Brady Elementary was operating as a school on

1993Siegel v. Levy Organization Development Co. (1992), 153 Ill. 2d 534 .

1992Co. (7th Cir.1990), 916 F.2d 1230 .) This doctrine provides that a train stopped at a crossing is held to be adequate notice and warning of its presence to any traveler who is in the exercise of ordinary care for his own safety, and the railroad is under no duty to provide additional signs, signals or warnings. ( Dunn, 127 Ill.2d at 357 , 130 Ill.Dec. at 412 , 537 N.E.2d at 741 .) While acknowledging that rule, plaintiff contends that it applies only to situations where there was an absence of any warning device.

1992Co. (7th Cir.1990), 916 F.2d 1230 .) This doctrine provides that a train stopped at a crossing is held to be adequate notice and warning of its presence to any traveler who is in the exercise of ordinary care for his own safety, and the railroad is under no duty to provide additional signs, signals or warnings. ( Dunn, 127 Ill.2d at 357 , 130 Ill.Dec. at 412 , 537 N.E.2d at 741 .) While acknowledging that rule, plaintiff contends that it applies only to situations where there was an absence of any warning device.

1992Co. (7th Cir.1990), 916 F.2d 1230 .) This doctrine provides that a train stopped at a crossing is held to be adequate notice and warning of its presence to any traveler who is in the exercise of ordinary care for his own safety, and the railroad is under no duty to provide additional signs, signals or warnings. ( Dunn, 127 Ill.2d at 357 , 130 Ill.Dec. at 412 , 537 N.E.2d at 741 .) While acknowledging that rule, plaintiff contends that it applies only to situations where there was an absence of any warning device.

1991The Clark court initially noted that due process is not an inflexible, technical concept with a fixed content unrelated to time, place and circumstances, and that in cases of disciplinary suspensions, the “procedures required to provide due process follow determination of the governmental function, as well as the private interest that is affected.” ( 99 Ill.

1990In People v. Davis (1970), 46 Ill. 2d 554, 558-59 , 264 N.E.2d 140 ,. 142-43, the Illinois Supreme Court discussed the coconspirator exception to the hearsay rule as follows: “As explained by the United States Supreme Court in Lutwak v. United States, 344 U.S. 604, 617 , 97 L.

1990In People v. Davis (1970), 46 Ill. 2d 554, 558-59 , 264 N.E.2d 140 ,. 142-43, the Illinois Supreme Court discussed the coconspirator exception to the hearsay rule as follows: “As explained by the United States Supreme Court in Lutwak v. United States, 344 U.S. 604, 617 , 97 L.

1990In People v. Davis (1970), 46 Ill. 2d 554, 558-59 , 264 N.E.2d 140 ,. 142-43, the Illinois Supreme Court discussed the coconspirator exception to the hearsay rule as follows: “As explained by the United States Supreme Court in Lutwak v. United States, 344 U.S. 604, 617 , 97 L.

1986(People v. Baynes (1981), 88 Ill. 2d 225, 230-31 , 430 N.E.2d 1070, 1072 ; People v. Carlson (1980), 79 Ill. 2d 564, 576 , 404 N.E.2d 233, 238 .) We cannot allow defendant to profit through his own failure to act, whether that act be intentional or inadvertent, by considering his contention on appeal in the absence of any error substantially affecting his rights when that error could have been corrected or properly handled at trial.

1986(People v. Baynes (1981), 88 Ill. 2d 225, 230-31 , 430 N.E.2d 1070, 1072 ; People v. Carlson (1980), 79 Ill. 2d 564, 576 , 404 N.E.2d 233, 238 .) We cannot allow defendant to profit through his own failure to act, whether that act be intentional or inadvertent, by considering his contention on appeal in the absence of any error substantially affecting his rights when that error could have been corrected or properly handled at trial.

1986(People v. Baynes (1981), 88 Ill. 2d 225, 230-31 , 430 N.E.2d 1070, 1072 ; People v. Carlson (1980), 79 Ill. 2d 564, 576 , 404 N.E.2d 233, 238 .) We cannot allow defendant to profit through his own failure to act, whether that act be intentional or inadvertent, by considering his contention on appeal in the absence of any error substantially affecting his rights when that error could have been corrected or properly handled at trial.

1986(People v. Baynes (1981), 88 Ill. 2d 225, 230-31 , 430 N.E.2d 1070, 1072 ; People v. Carlson (1980), 79 Ill. 2d 564, 576 , 404 N.E.2d 233, 238 .) We cannot allow defendant to profit through his own failure to act, whether that act be intentional or inadvertent, by considering his contention on appeal in the absence of any error substantially affecting his rights when that error could have been corrected or properly handled at trial.

1984The Cooper view was not accepted in Government of the Virgin Islands v. Scotland (3d Cir.1980), 614 F.2d 360 , in the absence of any claim there that the defendant had relied on the agreement to his detriment.

1984The Cooper view was not accepted in Government of the Virgin Islands v. Scotland (3d Cir. 1980), 614 F.2d 360 , in the absence of any claim there that the defendant had relied on the agreement to his detriment.

1981To have denied defendant another hearing, as the State urged, “would be to insulate from review a trial court ruling admitting evidence without which, in many cases, the trial might end in acquittal.” ( 64 Ill. 2d 257, 262 , 356 N.E.2d 71, 74 .) It is noteworthy that in Mordican, the preclusion of defendant from access to a reviewing forum as a result of his acquittal was by itself sufficient to entitle him to a second suppression hearing on a separate charge, even in the absence of any claim of additional evidence.

1981To have denied defendant another hearing, as the State urged, “would be to insulate from review a trial court ruling admitting evidence without which, in many cases, the trial might end in acquittal.” ( 64 Ill. 2d 257, 262 , 356 N.E.2d 71, 74 .) It is noteworthy that in Mordican, the preclusion of defendant from access to a reviewing forum as a result of his acquittal was by itself sufficient to entitle him to a second suppression hearing on a separate charge, even in the absence of any claim of additional evidence.

1979The court concluded: * * In the absence of any defense explanation, we therefore find it reasonable to conclude that his escape and flight under those circumstances were related to the murder charge rather than whatever other unknown (to this record) charge might have been pending against him, and that the evidence thereof was properly admitted to be considered by the jury in connection with all the other facts and circumstances in evidence as tending to prove guilt. * * V’ 15 Ill.

1979App. 3d 746, 751 , 305 N.E.2d 212, 217 .

1976In Slovinski v. Beasley, 316 Ill.App. 273 , 45 N.E.2d 42 , it is stated: “It has been repeatedly held that evidence or instructions going to the measure of damages, where the amount is not questioned as excessive, will not work a reversal, because, errors therein, if any, are harmless.

1976In Slovinski v. Beasley, 316 Ill.App. 273 , 45 N.E.2d 42 , it is stated: “It has been repeatedly held that evidence or instructions going to the measure of damages, where the amount is not questioned as excessive, will not work a reversal, because, errors therein, if any, are harmless.

1937Co., 241 Ill. 205 : “It is the duty of a master conducting a business with different branches, to make, publish 'and enforce reasonable rules and regulations to promote the safety of servants, but in the absence of any rule governing a particular situation it is proper to consider the existence of an established custom with respect thereto.” Counsel for the defense rely upon Rule 93, which provides as follows: “93.

1923Bonardo v. People, 182 Ill. 411 ; People v. Schoop, 288 id. 44; People v. Grosenheider, 266 id. 324; People v. Capello, 282 id. 542; Graham v. People, 115 id. 566.