must set inquiry (Illinois) · Go Syfert
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must set inquiry in Illinois

5 Illinois opinions name it 1 courts 2002–2024 2 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 (4)

CaseFollowedCited
Billy Lee Johnson v. W. J. Estelle, Director, Texas Department of Correctionsgreen
ca5 · 1975 · cited in 3 Illinois opinions naming this issue, 2002–2024
2 sentences

2024The court must set its inquiry ‘in a practical frame’ (Ashe, 397 U.S. at 444 ***) and assume that the jury did not reach its verdict through ‘ “mental gymnastics” ’ (People v. Borchers, 67 Ill. 2d 578 , 589 ***(1977), quoting Johnson v. Estelle, 506 F.2d 347, 352 (5th Cir. 1975)).” (Emphasis added.) People v. Wharton, 334 Ill. App. 3d 1066, 1078 (2002). ¶ 32 The trial court found that, in the first trial, the only issue for the jury to resolve was whether defendant possessed a weapon, as the parties had stipulated to the felony-conviction element of UPWF.

2024The court must set its inquiry ‘in a practical frame’ (id. at 444) and assume that the jury did not reach its -9- verdict through ‘ “mental gymnastics” ’ (People v. Borchers, 67 Ill. 2d 578, 589 (1977) (quoting Johnson v. Estelle, 506 F.2d 347, 352 (5th Cir.1975)).” (Emphasis added.) People v. Wharton, 334 Ill. App. 3d 1066, 1078 (2002). ¶ 25 We conclude that the State’s argument is unavailing.

33
People v. Borchersgreen
ill · 1977 · cited in 3 Illinois opinions naming this issue, 2002–2024
2 sentences

2024The court must set its inquiry ‘in a practical frame’ (Ashe, 397 U.S. at 444 ***) and assume that the jury did not reach its verdict through ‘ “mental gymnastics” ’ (People v. Borchers, 67 Ill. 2d 578 , 589 ***(1977), quoting Johnson v. Estelle, 506 F.2d 347, 352 (5th Cir. 1975)).” (Emphasis added.) People v. Wharton, 334 Ill. App. 3d 1066, 1078 (2002). ¶ 32 The trial court found that, in the first trial, the only issue for the jury to resolve was whether defendant possessed a weapon, as the parties had stipulated to the felony-conviction element of UPWF.

2024The court must set its inquiry ‘in a practical frame’ (id. at 444) and assume that the jury did not reach its -9- verdict through ‘ “mental gymnastics” ’ (People v. Borchers, 67 Ill. 2d 578, 589 (1977) (quoting Johnson v. Estelle, 506 F.2d 347, 352 (5th Cir.1975)).” (Emphasis added.) People v. Wharton, 334 Ill. App. 3d 1066, 1078 (2002). ¶ 25 We conclude that the State’s argument is unavailing.

23
People v. Whartongreen
illappct · 2002 · cited in 2 Illinois opinions naming this issue, 2024–2024
2 sentences

2024The court must set its inquiry ‘in a practical frame’ (Ashe, 397 U.S. at 444 ***) and assume that the jury did not reach its verdict through ‘ “mental gymnastics” ’ (People v. Borchers, 67 Ill. 2d 578 , 589 ***(1977), quoting Johnson v. Estelle, 506 F.2d 347, 352 (5th Cir. 1975)).” (Emphasis added.) People v. Wharton, 334 Ill. App. 3d 1066, 1078 (2002). ¶ 32 The trial court found that, in the first trial, the only issue for the jury to resolve was whether defendant possessed a weapon, as the parties had stipulated to the felony-conviction element of UPWF.

2024The court must set its inquiry ‘in a practical frame’ (id. at 444) and assume that the jury did not reach its -9- verdict through ‘ “mental gymnastics” ’ (People v. Borchers, 67 Ill. 2d 578, 589 (1977) (quoting Johnson v. Estelle, 506 F.2d 347, 352 (5th Cir.1975)).” (Emphasis added.) People v. Wharton, 334 Ill. App. 3d 1066, 1078 (2002). ¶ 25 We conclude that the State’s argument is unavailing.

22
People v. Olssongreen
illappct · 2012 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015Additionally, the court must set a hearing every 180 days to make a finding as to whether defendant is “(A) subject to involuntary admission; or (B) in need of mental health services in the form of inpatient care; or (C) in need of mental health services but not subject to involuntary admission nor inpatient care.” 725 ILCS 5/104-25(g)(2)(i) (West 2012); see also Olsson, 2012 IL App (2d) 110856, ¶¶ 6, 17 .

2015Additionally, the court must set a hearing every 180 days to make a finding as to whether defendant is “(A) subject to involuntary admission; or (B) in need of mental health services in the form of inpatient care; or (C) in need of mental health services but not subject to involuntary admission nor inpatient care.” 725 ILCS 5/104-25(g)(2)(i) (West 2012); see also Olsson, 2012 IL App (2d) 110856, ¶¶ 6, 17 .

22

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
Ashe v. Swenson green
scotus · 1970
2 sentences

2002The court must set its inquiry “in a practical frame” (Ashe, 397 U.S. at 444 , 25 L.

2002The court must set its inquiry “in a practical frame” (Ashe, 397 U.S. at 444 , 25 L.

12002–2002

Where else courts name it

CA 43 (2008–2026) IL 5 (2002–2024) CO 2 (1992–2008) WI 2 (2014–2020) ND 2 (2019–2019)

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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