appellate court regarding standard (Illinois) · Go Syfert
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appellate court regarding standard in Illinois

5 Illinois opinions name it 1 courts 2020–2023 3 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. Wheelergreen
ill · 2007 · cited in 5 Illinois opinions naming this issue, 2020–2023
2 sentences

2023This split stems from two statements made by the Illinois Supreme Court in People v. Wheeler, 226 Ill.2d 92, 121 (2007), which suggested that the de novo standard applies, and People v. Blue, 189 Ill.2d 99, 128 (2000), which suggested that the abuse of discretion standard applies.

2022This split stems from two statements made by the Illinois Supreme Court in People v. Wheeler, 226 Ill.2d 92, 121 (2007), which suggested that the de novo standard applies, and People v. Blue, 189 Ill.2d 99, 128 (2000), which suggested that the abuse of discretion standard applies. -26- 1-19-1616 ¶ 65 In Phagan, this district found that the abuse of discretion standard is the proper standard, as “the trial judge is present for the entire trial, * * * has the benefit of ‘hearing the remarks of counsel on both sides’ and is better situated to determine whether anything that happened or was said j

55
People v. Bluegreen
ill · 2000 · cited in 5 Illinois opinions naming this issue, 2020–2023
2 sentences

2023This split stems from two statements made by the Illinois Supreme Court in People v. Wheeler, 226 Ill.2d 92, 121 (2007), which suggested that the de novo standard applies, and People v. Blue, 189 Ill.2d 99, 128 (2000), which suggested that the abuse of discretion standard applies.

2022This split stems from two statements made by the Illinois Supreme Court in People v. Wheeler, 226 Ill.2d 92, 121 (2007), which suggested that the de novo standard applies, and People v. Blue, 189 Ill.2d 99, 128 (2000), which suggested that the abuse of discretion standard applies. -26- 1-19-1616 ¶ 65 In Phagan, this district found that the abuse of discretion standard is the proper standard, as “the trial judge is present for the entire trial, * * * has the benefit of ‘hearing the remarks of counsel on both sides’ and is better situated to determine whether anything that happened or was said j

55
People v. Caffeygreen
ill · 2001 · cited in 3 Illinois opinions naming this issue, 2020–2022
2 sentences

2022“In reviewing allegations of prosecutorial misconduct, the closing arguments of both the State and the defendant must be examined in their entirety, and the complained-of remarks must be placed in their proper context.” (Internal quotation marks omitted.) People v. Caffey, 205 Ill.2d 52, 104 (2001). ¶ 64 Defendant observes that there is currently a split in the appellate court regarding which standard of review should apply to issues regarding prosecutorial misconduct in closing argument.

2020“In reviewing allegations of prosecutorial misconduct, the closing arguments of -34- 1-18-0199 both the State and the defendant must be examined in their entirety, and the complained-of remarks must be placed in their proper context.” (Internal quotation marks omitted.) People v. Caffey, 205 Ill. 2d 52, 104 (2001). ¶ 125 Cornejo observes that there is currently a split in the appellate court regarding which standard of review should apply to issues regarding prosecutorial misconduct in closing argument.

33
People v. Phagangreen
illappct · 2019 · cited in 3 Illinois opinions naming this issue, 2020–2022
2 sentences

2022This split stems from two statements made by the Illinois Supreme Court in People v. Wheeler, 226 Ill.2d 92, 121 (2007), which suggested that the de novo standard applies, and People v. Blue, 189 Ill.2d 99, 128 (2000), which suggested that the abuse of discretion standard applies. ¶ 80 However, in Phagan, this district followed Blue and found that the abuse of discretion standard is the proper standard, as “the trial judge is present for the entire trial, * * * has the benefit of ‘hearing the remarks of counsel on both sides’ and is better situated to determine whether anything that happened o

2022This split stems from two statements made by the Illinois Supreme Court in People v. Wheeler, 226 Ill.2d 92, 121 (2007), which suggested that the de novo standard applies, and People v. Blue, 189 Ill.2d 99, 128 (2000), which suggested that the abuse of discretion standard applies. -26- 1-19-1616 ¶ 65 In Phagan, this district found that the abuse of discretion standard is the proper standard, as “the trial judge is present for the entire trial, * * * has the benefit of ‘hearing the remarks of counsel on both sides’ and is better situated to determine whether anything that happened or was said j

33
In re Commitment of Gavingreen
illappct · 2014 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023In re Commitment of Gavin, 2014 IL App (1st) 122918, ¶ 49 (quoting People v. Willis, 2013 IL App (1st) 110233, ¶ 102 ). ¶ 74 We recognize that there is currently a split in the appellate court regarding which standard of review should apply to issues regarding prosecutorial misconduct in closing argument.

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. Willis green
illappct · 2013
1 sentence

2023In re Commitment of Gavin, 2014 IL App (1st) 122918, ¶ 49 (quoting People v. Willis, 2013 IL App (1st) 110233, ¶ 102 ). ¶ 74 We recognize that there is currently a split in the appellate court regarding which standard of review should apply to issues regarding prosecutorial misconduct in closing argument.

12023–2023

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