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5 Illinois opinions name it 2 courts 1984–1999 0 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. Lewisgreen2 sentences1999To the majority, this is simply another way of saying: "`where the defense wholly refrained from tendering an instruction on a lesser-included offense, the possibility that such restraint may have been a viable strategy decision militates against [a reviewing court] invoking any exceptions to the waiver doctrine.'" 188 Ill.2d at 280 , 242 Ill.Dec. at 303 , 721 N.E.2d at 582 , quoting People v. Lewis, 97 Ill. 1999To the majority, this is simply another way of saying: “ ‘where the defense wholly refrained from tendering an instruction on a lesser-included offense, the possibility that such restraint may have been a viable strategy decision militates against [a reviewing court] invoking any exceptions to the waiver doctrine.’ ” 188 Ill. 2d at 280, quoting People v. Lewis, 97 Ill. | 2 | 2 |
People v. Barnardgreen2 sentences1999It would therefore not have been proper for the judge to interfere with defense counsel’s strategy and give the self-defense and voluntary-manslaughter instruction sua sponte.” Barnard, 104 Ill. 2d at 232 . 1999It would therefore not have been proper for the judge to interfere with defense counsel’s strategy and give the self-defense and voluntary-manslaughter instruction sua sponte.” (Emphasis added.) Barnard, 104 Ill. 2d at 232 . | 1 | 4 |
People v. Castillogreen1 sentence1999See People v. Barnard, 104 Ill. 2d 218, 232 (1984) (would not have been proper for trial judge to “interfere with defense counsel’s strategy and give the self-defense and voluntary manslaughter instruction sua sponte”)-, see also People v. Castillo, 298 Ill. | 1 | 1 |
People v. Gramcgreen1 sentence1999App. 3d 839 (1998), appeal allowed, 181 Ill. 2d 577 (1998); People v. Gramc, 271 Ill. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Garcia
green
2 sentences1999To the majority, this is simply another way of saying: "`where the defense wholly refrained from tendering an instruction on a lesser-included offense, the possibility that such restraint may have been a viable strategy decision militates against [a reviewing court] invoking any exceptions to the waiver doctrine.'" 188 Ill.2d at 280 , 242 Ill.Dec. at 303 , 721 N.E.2d at 582 , quoting People v. Lewis, 97 Ill. 1999To the majority, this is simply another way of saying: "`where the defense wholly refrained from tendering an instruction on a lesser-included offense, the possibility that such restraint may have been a viable strategy decision militates against [a reviewing court] invoking any exceptions to the waiver doctrine.'" 188 Ill.2d at 280 , 242 Ill.Dec. at 303 , 721 N.E.2d at 582 , quoting People v. Lewis, 97 Ill. | 1 | 1999–1999 |
People v. Sinnott
green
1 sentence1995In defense of the Sinnott court, the court did say that "[a] court should exercise restraint in giving instructions on its own motion when the instructions could interfere with defense strategy.” Sinnott, 226 Ill. | 1 | 1995–1995 |
People v. Precup
green
2 sentences1984(See People v. Precup (1978), 73 Ill. 2d 7 .) It was therefore not incompetence for the appellate counsel to refrain from raising this issue on appeal. 1984(See People v. Precup (1978), 73 Ill.2d 7 .) It was therefore not incompetence for the appellate counsel to refrain from raising this issue on appeal. | 1 | 1984–1984 |