allegedly erroneous instruction (Illinois) · Go Syfert
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allegedly erroneous instruction in Illinois

5 Illinois opinions name it 1 courts 1979–2021 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
Strino v. Premier Healthcare Associatesgreen
illappct · 2006 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010Strino, 365 Ill.App.3d at 904-05 , 302 Ill.Dec. 784 , 850 N.E.2d 221 (in the absence of a special interrogatory, a court of review cannot "determine whether the jury found in the defendant's favor on the negligence issue[, rather than on contributory negligence]").

2010Strino, 365 Ill.

22
People v. Patrickgreen
ill · 2009 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021See id. ¶¶ 49-51 (citing People v. Patrick, 233 Ill. 2d 62, 76-77 (2009) (the defendant waived any objection to the jury instruction by proffering the allegedly erroneous instruction) and People v. Carter, 208 Ill. 2d 309, 319 (2003) (“the doctrine of ‘invited error’ precluded the defendant from challenging an action of the trial court that the defendant, himself, requested”); see also People v. Parker, 223 Ill. 2d 494, 508 (2006) (the defendant cannot directly attack a jury instruction tendered by the defense; the defendant invited any error by doing so).

11
People v. Parkergreen
ill · 2006 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021See id. ¶¶ 49-51 (citing People v. Patrick, 233 Ill. 2d 62, 76-77 (2009) (the defendant waived any objection to the jury instruction by proffering the allegedly erroneous instruction) and People v. Carter, 208 Ill. 2d 309, 319 (2003) (“the doctrine of ‘invited error’ precluded the defendant from challenging an action of the trial court that the defendant, himself, requested”); see also People v. Parker, 223 Ill. 2d 494, 508 (2006) (the defendant cannot directly attack a jury instruction tendered by the defense; the defendant invited any error by doing so).

11
People v. Bostongreen
illappct · 2018 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021See id. ¶¶ 49-51 (citing People v. Patrick, 233 Ill. 2d 62, 76-77 (2009) (the defendant waived any objection to the jury instruction by proffering the allegedly erroneous instruction) and People v. Carter, 208 Ill. 2d 309, 319 (2003) (“the doctrine of ‘invited error’ precluded the defendant from challenging an action of the trial court that the defendant, himself, requested”); see also People v. Parker, 223 Ill. 2d 494, 508 (2006) (the defendant cannot directly attack a jury instruction tendered by the defense; the defendant invited any error by doing so).

11
People v. Cartergreen
ill · 2003 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021See id. ¶¶ 49-51 (citing People v. Patrick, 233 Ill. 2d 62, 76-77 (2009) (the defendant waived any objection to the jury instruction by proffering the allegedly erroneous instruction) and People v. Carter, 208 Ill. 2d 309, 319 (2003) (“the doctrine of ‘invited error’ precluded the defendant from challenging an action of the trial court that the defendant, himself, requested”); see also People v. Parker, 223 Ill. 2d 494, 508 (2006) (the defendant cannot directly attack a jury instruction tendered by the defense; the defendant invited any error by doing so).

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 (2)

CaseCitedYears
People v. Summers green
illappct · 1990
1 sentence

1994Also, as in both cases, here there is "no indication that the jury in fact ever found that the State had proved defendant guilty of both first degree murder and involuntary manslaughter, thereby causing the erroneous portion of IPI Criminal 2d No. 26.01Q (Supp. 1989) to be activated.” (Emphasis in original.) Summers, 202 Ill.

11994–1994
People v. Jenkins green
ill · 1977
2 sentences

1979Stat. 1977, ch. 110A, par. 451(c); People v. Jenkins (1977), 69 Ill. 2d 61 , 370 N.E.2d 532 .) We note that the defense did not raise the allegedly erroneous instruction as a point of error in its post-trial motion. 2 The State contraposits waiver and harmless error to defendant’s theory.

1979Stat. 1977, ch. 110A, par. 451(c); People v. Jenkins (1977), 69 Ill. 2d 61 , 370 N.E.2d 532 .) We note that the defense did not raise the allegedly erroneous instruction as a point of error in its post-trial motion. 2 The State contraposits waiver and harmless error to defendant’s theory.

11979–1979

Where else courts name it

CA 15 (1963–2023) MO 10 (1975–2020) PA 8 (1980–2017) MI 5 (1974–1978) IL 5 (1979–2021) MD 5 (2005–2014) CO 4 (1984–2014) OK 3 (1955–2008) KY 3 (2005–2023) WA 3 (2001–2014) MN 3 (2011–2014) GA 3 (1984–2024) IN 3 (1980–2014) NC 3 (1986–2025) AL 2 (2017–2017) OR 2 (1977–1983) WI 2 (1988–1996) FL 2 (2002–2012) HI 2 (1993–2015) UT 2 (1995–2006) MS 2 (1993–1997)

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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