tendered jury instruction (Illinois) · Go Syfert
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tendered jury instruction in Illinois

42 Illinois opinions name it 2 courts 1980–2026 9 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 (18)

CaseFollowedCited
People v. Davisgreen
ill · 2004 · cited in 3 Illinois opinions naming this issue, 2020–2020
2 sentences

2020See People v. Davis, 213 Ill. 2d 459, 475 (2004) (reviewing a trial court’s decision declining to give a tendered jury instruction for an abuse of discretion).

2020See People v. Davis, 213 Ill. 2d 459, 475 (2004) (reviewing a trial court’s decision declining to give a tendered jury instruction for an abuse of discretion).

33
Mikolajczyk v. Ford Motor Co.green
ill · 2008 · cited in 3 Illinois opinions naming this issue, 2014–2014
2 sentences

2014Mikolajczyk v. Ford Motor Co., 231 Ill. 2d 516, 549 (2008).

2014Mikolajczyk v. Ford Motor Co., 231 Ill. 2d 516, 549 (2008).

33
Heastie v. Robertsgreen
ill · 2007 · cited in 6 Illinois opinions naming this issue, 2014–2024
2 sentences

2014Heastie v. Roberts, 226 Ill. 2d 515, 543 (2007). ¶ 216 The decision to give or refuse a tendered jury instruction is within the sound discretion of the trial court.

2014Heastie, 226 Ill. 2d at 543 ; Leonardi, 168 Ill. 2d at 100 . ¶ 23 The decision whether to give or deny a tendered jury instruction is within the discretion of the trial court.

26
Daly v. Carmeangreen
illappct · 1991 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010App. 3d 19, 30-32 , 568 N.E.2d 955, 962-63 (1991) (finding that a tendered jury instruction accurately stated the law which would have explained that a doctor found to be negligent is liable “ ‘for any damages sustained by the plaintiff arising from the efforts of subsequent health care providers to treat the condition caused by’ ” the defendant’s negligence); see also Simmons v. Lollar, 304 F.2d 774, 778 (10th Cir. 1962) (applying this basic tort principle where the plaintiff’s decedent died due to complications from a nonnegligent surgery to treat injuries incurred due to the defendant’s neg

2010App. 3d 19, 30-32 , 568 N.E.2d 955, 962-63 (1991) (finding that a tendered jury instruction accurately stated the law which would have explained that a doctor found to be negligent is liable " 'for any damages sustained by the plaintiff arising from the efforts of subsequent health care providers to treat the condition caused by' " the defendant's negligence); see also Simmons v. Lollar, 304 F.2d 774, 778 (10th Cir. 1962) (applying this basic tort principle where the plaintiff's decedent died due to complications from a nonnegligent surgery to treat injuries incurred due to the defendant's neg

22
John W. Simmons v. Davis Lollar, Individually, and as Administrator of the Estate of Altus Lollar, Deceasedgreen
ca10 · 1962 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010App. 3d 19, 30-32 , 568 N.E.2d 955, 962-63 (1991) (finding that a tendered jury instruction accurately stated the law which would have explained that a doctor found to be negligent is liable “ ‘for any damages sustained by the plaintiff arising from the efforts of subsequent health care providers to treat the condition caused by’ ” the defendant’s negligence); see also Simmons v. Lollar, 304 F.2d 774, 778 (10th Cir. 1962) (applying this basic tort principle where the plaintiff’s decedent died due to complications from a nonnegligent surgery to treat injuries incurred due to the defendant’s neg

2010App. 3d 19, 30-32 , 568 N.E.2d 955, 962-63 (1991) (finding that a tendered jury instruction accurately stated the law which would have explained that a doctor found to be negligent is liable " 'for any damages sustained by the plaintiff arising from the efforts of subsequent health care providers to treat the condition caused by' " the defendant's negligence); see also Simmons v. Lollar, 304 F.2d 774, 778 (10th Cir. 1962) (applying this basic tort principle where the plaintiff's decedent died due to complications from a nonnegligent surgery to treat injuries incurred due to the defendant's neg

22
People v. Castillogreen
ill · 1999 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004People v. Castillo, 188 Ill. 2d 536, 540 , 723 N.E.2d 274, 276 (1999).

2004People v. Castillo, 188 Ill. 2d 536, 540 , 723 N.E.2d 274, 276 (1999).

22
Bailey v. Mercy Hospital and Medical Centergreen
ill · 2021 · cited in 3 Illinois opinions naming this issue, 2024–2026
2 sentences

2026“Ultimately, a reviewing court should grant a new trial only when the trial court’s refusal to give a tendered jury instruction results in serious prejudice to the party’s right to a fair trial.” Id.

2024“Ultimately, a reviewing court should grant a new trial only when the trial court’s refusal to give a tendered jury instruction results in serious prejudice to the party’s right to a fair trial.” Bailey, 2021 IL 126748, ¶ 42 . ¶ 46 We hold that the trial court did not abuse its discretion when instructing the jury.

13
People v. Majorsgreen
illappct · 1999 · cited in 2 Illinois opinions naming this issue, 2003–2003
2 sentences

2003People v. Majors, 308 Ill.

2003People v. Majors, 308 Ill. *441 App.3d 1021, 1034, 242 Ill.Dec. 474 , 721 N.E.2d 753, 763 (1999).

12
Solich v. PORTES CANCER PREVENTION CENT.green
illappct · 1995 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026“When evaluating the propriety of given jury instructions, the reviewing court must view the instructions as a whole.” Solich v. George & Anna Portes Cancer Prevention Center of Chicago, Inc., 273 Ill.

11
Howat v. Donelsongreen
illappct · 1999 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025“Ultimately, a reviewing court should grant a new trial only when the trial court’s refusal to give a tendered jury instruction results in serious prejudice to the party’s right to a fair trial.” Id. ¶ 104 “The purpose of the issues instruction is to inform the jury of the plaintiff’s claims - 36 - and the defendant’s responses.” Howat v. Donelson, 305 Ill.

11
Robbins v. Professional Construction Co.green
ill · 1978 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024Robbins v. Professional Construction Co., 72 Ill. 2d 215, 224 (1978).

11
People v. Simmsgreen
ill · 2000 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022App. 3d 1027, 1041 (1979)), and we find no abuse of discretion in the court’s refusal (People v. Simms, 192 Ill. 2d 348, 412 (2000)). ¶ 148 III.

11
People v. Riveragreen
illappct · 1979 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022Accordingly, the trial court’s refusal to give the tendered jury instruction on alibi was not error (People v. Rivera, 72 Ill.

11
People v. Coangreen
illappct · 2016 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021See Coan, 2016 IL App (2d) 151036, ¶¶ 23-24 (rejecting argument that defendant invited error when he did not object to the State’s tendered jury instruction).

11
People v. Monroegreen
illappct · 2006 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020People v. Monroe, 366 Ill.

11
Serrano v. Rotmangreen
illappct · 2011 · cited in 1 Illinois opinions naming this issue, 2011–2011
1 sentence

2011App. 3d 1, 19 (2008) (holding that the circuit court properly rejects a tendered jury instruction where there is no evidence to support it); see also Serrano, 406 Ill.

11
People v. Delgadogreen
illappct · 1996 · cited in 1 Illinois opinions naming this issue, 2003–2003
1 sentence

2003See Delgado , 282 Ill.

11
People v. Jonesgreen
ill · 1997 · cited in 1 Illinois opinions naming this issue, 1999–1999
2 sentences

1999People v. Jones, 175 Ill. 2d 126, 131-32 , 676 N.E.2d 646, 649 (1997).

1999People v. Jones, 175 Ill. 2d 126, 131-32 , 676 N.E.2d 646, 649 (1997).

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 (18)

CaseCitedYears
Gaines v. Townsend green
illappct · 1993
2 sentences

1997Gaines, 244 Ill.

1997Gaines, 244 Ill.

41993–1997
Leonardi v. Loyola University of Chicago green
ill · 1995
2 sentences

2014Heastie, 226 Ill. 2d at 543 ; Leonardi, 168 Ill. 2d at 100 . ¶ 23 The decision whether to give or deny a tendered jury instruction is within the discretion of the trial court.

2014Heastie, 226 Ill. 2d at 543 ; Leonardi, 168 Ill. 2d at 100 . ¶ 23 The decision whether to give or deny a tendered jury instruction is within the discretion of the trial court.

32014–2014
The PEOPLE v. Brown green
ill · 1969
2 sentences

1996The other side of the coin is that it would be reversible error for the trial court to deny a competent defendant's jury waiver." Brown, 43 Ill.2d at 82 , 250 N.E.2d 647 .

1996The other side of the coin is that it would be reversible error for the trial court to deny a competent defendant’s jury waiver.” Brown, 43 Ill. 2d at 82 .

21996–1996
People v. Mescall green
illappct · 2008
1 sentence

2021Id. at 676-77 .

12021–2021
People v. Mohr green
ill · 2008
1 sentence

2020A reviewing court is tasked with determining “whether the instructions, considered together, fully and fairly announce the law applicable to the theories of the State and the defense.” Id. ¶ 72 Generally, the circuit court’s refusal to give a tendered jury instruction is reviewed for an abuse of discretion.

12020–2020
People v. Crane green
ill · 1991
1 sentence

2020Id.

12020–2020
People v. White green
illappct · 2004
2 sentences

2009A. Standard of Review “Ordinarily, the standard when reviewing the trial court’s decision to issue a tendered jury instruction is whether the trial court abused its discretion.” People v. White, 353 Ill.

2009App. 3d 905, 913 , 819 N.E.2d 1239 (2004).

12009–2009
People v. Kidd green
illappct · 1998
1 sentence

2002People v. Kidd, 295 Ill.

12002–2002
Malek v. Lederle Laboratories green
illappct · 1984
1 sentence

1993App. 3d 870, 872 , 466 N.E.2d 1038, 1039 ), and its refusal to give a tendered jury instruction will result in a new trial only where there is serious prejudice to a party’s right to a fair trial.

11993–1993
Jeffers v. Weinger green
illappct · 1985
1 sentence

1993App. 3d 877, 885 , 477 N.E.2d 1270, 1276 .) A new trial will be granted for the trial court’s refusal to give a tendered jury instruction only where serious prejudice to a party’s right to a fair trial has been shown.

11993–1993
Wille v. Navistar International Transportation Corp. neutral
illappct · 1991
1 sentence

1993(Wille, 222 Ill.

11993–1993
People v. Moya green
illappct · 1988
11990–1990
People v. Austin neutral
illappct · 1988
1 sentence

1990Due to the circuit court’s refusal to allow the defendant’s tendered jury instruction regarding voluntary manslaughter based on serious provocation, the appellate court reversed the conviction and remanded the cause for a new trial. ( 170 Ill.

11990–1990
People v. Jones green
illappct · 1986
11988–1988
People v. Mitchell neutral
illappct · 1985
11988–1988
Board of Library Trustees v. Fidelity & Deposit Co. neutral
illappct · 1981
11985–1985
People v. Jones neutral
illappct · 1980
11982–1982
People v. Thompson green
illappct · 1976
11980–1980

Statutes the citing opinions construe

IL § 720 ILCS 5/9-1 (6) IL § 815 ILCS 505/1 (4) IL § 725 ILCS 5/103-2.1 (3) IL § 725 ILCS 5/115-10.2a (3) IL § 725 ILCS 5/115-7.4 (3) IL § 750 ILCS 60/201 (3) IL § 815 ILCS 306/1 (3) IL § 815 ILCS 306/15 (3) IL § 815 ILCS 306/30 (3) IL § 815 ILCS 306/50 (3) IL § 815 ILCS 306/75 (3)

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.

Where else courts name it

IN 97 (1985–2025) IL 42 (1980–2026) MO 20 (1997–2019) NM 12 (2010–2025) CO 11 (1988–2026) NE 3 (2017–2022)

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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