5 Illinois opinions name it 1 courts 2017–2021 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.
| Case | Followed | Cited |
|---|---|---|
People v. Fernandezgreen2 sentences2021Under the common-criminal-design rule, if “ ‘two or more persons engage in a common criminal design or agreement, any acts in the furtherance - 14 - of that common design committed by one party are considered to be the acts of all parties to the design or agreement and all are equally responsible for the consequences of the further acts.’ ” Fernandez, 2014 IL 115527, ¶ 13 (quoting In re W.C., 167 Ill. 2d 307, 337 (1995)). 2021“It is the fact that the defendant and a co-offender had a common criminal design to begin with that makes [her] responsible for any act in furtherance of that criminal design.” People v. Wilson, 2020 IL App (1st) 162430, ¶ 67 (citing 720 ILCS 5/5-2(c) (West 2012)). ¶ 64 In Fernandez, 2014 IL 115527 , ¶ 14, our supreme court observed that a “textbook application” of the common-criminal-design rule occurred in People v. Kessler, 57 Ill. 2d 493 (1974). | 2 | 5 |
People v. Johnsongreen2 sentences2021As our supreme court said long ago, “[w]here murder is committed during a robbery, all participants in the robbery are deemed equally guilty of murder and it is immaterial who fired the fatal shot.” (Internal quotation marks omitted.) People v. Johnson, 55 Ill. 2d 62, 67 (1973). 2020As our supreme court said long ago, “[w]here murder is committed during a robbery, all participants in the robbery are deemed equally guilty of murder and it is immaterial who fired the fatal shot.” (Internal quotation marks omitted.) People v. Johnson, 55 Ill. 2d 62, 67 (1973). | 2 | 2 |
People v. Perezgreen2 sentences2021In Fernandez, 2014 IL 115527, ¶ 16 , our supreme court highlighted the holding of Kessler and noted, “[i]n other words, once [the defendant in Kessler] agreed to participate in burglary, he was liable under [the accountability statute] for every criminal act committed ‘in connection therewith,’ including the unplanned shootings committed by his initially unarmed companions.” As such, under the common-criminal-design rule, as discussed in Fernandez and - 15 - Kessler, a “defendant cannot escape liability merely because his criminal intentions did not rise to the level of murder.” Phillips, 2014 2020In Fernandez, 2014 IL 115527, ¶ 16 , our supreme court highlighted the holding of Kessler and noted, “[i]n other words, once [the defendant in Kessler] agreed to participate in burglary, he was liable under [the accountability statute] for every criminal act committed ‘in connection - 27 - No. 1-16-3245 therewith,’ including the unplanned shootings committed by his initially unarmed companions.” As such, under the common-criminal-design rule, as discussed in Fernandez and Kessler, a “defendant cannot escape liability merely because his criminal intentions did not rise to the level of murder.” | 2 | 2 |
In Re WCgreen2 sentences2021Under the common-criminal-design rule, if “ ‘two or more persons engage in a common criminal design or agreement, any acts in the furtherance - 14 - of that common design committed by one party are considered to be the acts of all parties to the design or agreement and all are equally responsible for the consequences of the further acts.’ ” Fernandez, 2014 IL 115527, ¶ 13 (quoting In re W.C., 167 Ill. 2d 307, 337 (1995)). 2021In Fernandez, 2014 IL 115527, ¶ 16 , our supreme court highlighted the holding of Kessler and noted, “[i]n other words, once [the defendant in Kessler] agreed to participate in burglary, he was liable under [the accountability statute] for every criminal act committed ‘in connection therewith,’ including the unplanned shootings committed by his initially unarmed companions.” As such, under the common-criminal-design rule, as discussed in Fernandez and - 15 - Kessler, a “defendant cannot escape liability merely because his criminal intentions did not rise to the level of murder.” Phillips, 2014 | 2 | 2 |
People v. Wilsongreen2 sentences2021“It is the fact that the defendant and a co-offender had a common criminal design to begin with that makes [her] responsible for any act in furtherance of that criminal design.” People v. Wilson, 2020 IL App (1st) 162430, ¶ 67 (citing 720 ILCS 5/5-2(c) (West 2012)). ¶ 64 In Fernandez, 2014 IL 115527 , ¶ 14, our supreme court observed that a “textbook application” of the common-criminal-design rule occurred in People v. Kessler, 57 Ill. 2d 493 (1974). 2020“It is the fact that the defendant and a co-offender had a common criminal design to begin with that makes [her] responsible for any act in furtherance of that criminal design.” People v. Wilson, 2020 IL App (1st) 162430, ¶ 67 (citing 720 ILCS 5/5-2(c) (West 2012)). ¶ 64 In Fernandez, 2014 IL 115527 , ¶ 14, our supreme court observed that a “textbook application” of the common-criminal-design rule occurred in People v. Kessler, 57 Ill. 2d 493 (1974). | 2 | 2 |
People v. Kesslergreen2 sentences2021“It is the fact that the defendant and a co-offender had a common criminal design to begin with that makes [her] responsible for any act in furtherance of that criminal design.” People v. Wilson, 2020 IL App (1st) 162430, ¶ 67 (citing 720 ILCS 5/5-2(c) (West 2012)). ¶ 64 In Fernandez, 2014 IL 115527 , ¶ 14, our supreme court observed that a “textbook application” of the common-criminal-design rule occurred in People v. Kessler, 57 Ill. 2d 493 (1974). 2020“It is the fact that the defendant and a co-offender had a common criminal design to begin with that makes [her] responsible for any act in furtherance of that criminal design.” People v. Wilson, 2020 IL App (1st) 162430, ¶ 67 (citing 720 ILCS 5/5-2(c) (West 2012)). ¶ 64 In Fernandez, 2014 IL 115527 , ¶ 14, our supreme court observed that a “textbook application” of the common-criminal-design rule occurred in People v. Kessler, 57 Ill. 2d 493 (1974). | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Phillips
green
2 sentences2021In Fernandez, 2014 IL 115527, ¶ 16 , our supreme court highlighted the holding of Kessler and noted, “[i]n other words, once [the defendant in Kessler] agreed to participate in burglary, he was liable under [the accountability statute] for every criminal act committed ‘in connection therewith,’ including the unplanned shootings committed by his initially unarmed companions.” As such, under the common-criminal-design rule, as discussed in Fernandez and - 15 - Kessler, a “defendant cannot escape liability merely because his criminal intentions did not rise to the level of murder.” Phillips, 2014 2020In Fernandez, 2014 IL 115527, ¶ 16 , our supreme court highlighted the holding of Kessler and noted, “[i]n other words, once [the defendant in Kessler] agreed to participate in burglary, he was liable under [the accountability statute] for every criminal act committed ‘in connection - 27 - No. 1-16-3245 therewith,’ including the unplanned shootings committed by his initially unarmed companions.” As such, under the common-criminal-design rule, as discussed in Fernandez and Kessler, a “defendant cannot escape liability merely because his criminal intentions did not rise to the level of murder.” | 2 | 2020–2021 |
People v. Murray
green
2 sentences2018In essence, the State theorized that when Hernandez shot Herman, defendant was equally responsible, because the shooting was done in furtherance of the - 14 2017 IL App (2d) 150599 common criminal design to inflict violence. 2018Defendant ignores the substantial evidence that inculpated him under the common-criminal-design rule. - 15 2017 IL App (2d) 150599 this, because after Hernandez got the gun, Cox told Herman to shut up. | 1 | 2018–2018 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.