admonition exception (Illinois) · Go Syfert
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admonition exception in Illinois

41 Illinois opinions name it 2 courts 1967–2026 12 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 (10)

CaseFollowedCited
People v. Fostergreen
ill · 1996 · cited in 12 Illinois opinions naming this issue, 1999–2025
2 sentences

2022People v. Foster, 171 Ill. 2d 469, 471 (1996). ¶ 11 While a defendant’s failure to comply with the Rule 604(d) postplea motion requirement generally precludes a reviewing court from considering a defendant’s appeal, the supreme court has adopted an admonition exception to this requirement.

2015The defendant should have been admonished under Rule 605(a). ¶ 26 The defendant argues that the admonition exception adopted by the supreme court in People v. Foster, 171 Ill. 2d 469 (1996), should be applied to appeals from faulty Rule 605(a) admonitions so that the appellate court can reach the merits of an appeal.

512
People v. Flowersgreen
ill · 2004 · cited in 8 Illinois opinions naming this issue, 2011–2026
2 sentences

2025Id. ¶ 17 However, under the admonition exception to the motion requirement, if the trial court failed to give defendant sufficient admonishments under Rule 605 and defendant attempts to appeal -6- No. 1-23-0691 without first filing the required postplea motion, the appeal is not dismissed.

2024Id. at 301 . ¶ 17 OSAD further argues that the admonition exception does not apply in the present matter because the court sufficiently admonished the defendant pursuant to Rule 605(c).

38
People v. Lloydgreen
illappct · 2003 · cited in 3 Illinois opinions naming this issue, 2003–2022
2 sentences

2022People v. Lloyd, 338 Ill.

2003See People v. Lloyd, 338 Ill.

33
People v. Willsgreen
ill · 1975 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010Ed. 2d at 274 , 109 S. Ct. at 2944 ; Wills, 61 Ill. 2d at 111 (noting that the court must consider whether a new rule should apply retroactively or prospectively, and determining that the admonition requirement announced would apply prospectively to guilty pleas taken subsequent to the date the opinion was filed). 2 However, now that the issue of retroactivity is squarely before us, we recognize that a better course in Whitfield would have been to forgo the announcement of a new rule, as the rule announced cannot be evenhandedly applied to defendant Whitfield and to all others similarly situat

2010Ed. 2d at 274 , 109 S. Ct. at 2944 ; Wills, 61 Ill. 2d at 111 (noting -15- that the court must consider whether a new rule should apply retroactively or prospectively, and determining that the admonition requirement announced would apply prospectively to guilty pleas taken subsequent to the date the opinion was filed).2 However, now that the issue of retroactivity is squarely before us, we recognize that a better course in Whitfield would have been to forgo the announcement of a new rule, as the rule announced cannot be evenhandedly applied to defendant Whitfield and to all others similarly si

22
People v. Munozgreen
illappct · 2001 · cited in 2 Illinois opinions naming this issue, 2003–2003
2 sentences

2003See People v. Munoz , 319 Ill.

2003See People v. Munoz, 319 Ill.

22
People Ex Rel. Alvarez v. Skrydgreen
ill · 2011 · cited in 6 Illinois opinions naming this issue, 2015–2026
2 sentences

2025However, the admonition exception “cannot restore jurisdiction to the circuit court after 30 days from entry of judgment.” Id.

2025Further, he contends that we granted him leave to file a late notice of appeal and, thus, may apply the admonition exception where the trial court failed to substantially comply with Rule 605(c). ¶ 18 Despite defendant’s contentions, the law is settled that the admonition exception “cannot restore jurisdiction to the [trial] court after 30 days from entry of judgment.” See Skryd, 241 Ill. 2d at 42 .

16
People v. McKaygreen
illappct · 1996 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008People v. McKay, 282 Ill.

2008People v. McKay, 282 Ill.

12
People v. Wallacegreen
ill · 1991 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006Consequently, we must determine whether this impacts our holding in Wallace that the appellate court must dismiss the appeal of a post-guilty-plea sentence where the defendant fails to first file a written motion for reconsideration with the trial court. [ People v. Wallace, 143 Ill.2d 59, 61 , 155 Ill.Dec. 821 , 570 N.E.2d 334 (1991).] Defendant asks this court to adopt the `admonition exception' applied by several panels of our appellate court. * * * We agree with those appellate decisions that have applied the admonition exception.

2006Consequently, we must determine whether this impacts our holding in Wallace that the appellate court must dismiss the appeal of a post-guilty-plea sentence where the defendant fails to first file a written motion for reconsideration with the trial court. [People v. Wallace, 143 Ill. 2d 59, 61 (1991).] Defendant asks this court to adopt the ‘admonition exception’ applied by several panels of our appellate court. *** We agree with those appellate decisions that have applied the admonition exception.

12
People v. Gregorygreen
illappct · 2008 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025People v. Curry, 2019 IL App (3d) 160783, ¶ 15 ; People v. Gregory, 379 Ill.

11
People v. Vernongreen
illappct · 2009 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025This is equally true whether a defendant proceeds to trial or pleads guilty; the “knowing and intelligent” standard is the same in either case. ¶ 30 Defendant also argues that to allow forfeiture in these circumstances “would lead to Kafkaesque results” because, as we stated in People v. Vernόn, 396 Ill.

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 (14)

CaseCitedYears
Teague v. Lane green
scotus · 1989
2 sentences

2010Teague, 489 U.S. at 316 , 103 L.

2010Teague, 489 U.S. at 316 , 103 L.

22010–2010
Penry v. Lynaugh red
scotus · 1989
2 sentences

2010Ed. 2d at 274 , 109 S. Ct. at 2944 ; Wills, 61 Ill. 2d at 111 (noting that the court must consider whether a new rule should apply retroactively or prospectively, and determining that the admonition requirement announced would apply prospectively to guilty pleas taken subsequent to the date the opinion was filed). 2 However, now that the issue of retroactivity is squarely before us, we recognize that a better course in Whitfield would have been to forgo the announcement of a new rule, as the rule announced cannot be evenhandedly applied to defendant Whitfield and to all others similarly situat

2010Ed. 2d at 274 , 109 S. Ct. at 2944 ; Wills, 61 Ill. 2d at 111 (noting -15- that the court must consider whether a new rule should apply retroactively or prospectively, and determining that the admonition requirement announced would apply prospectively to guilty pleas taken subsequent to the date the opinion was filed).2 However, now that the issue of retroactivity is squarely before us, we recognize that a better course in Whitfield would have been to forgo the announcement of a new rule, as the rule announced cannot be evenhandedly applied to defendant Whitfield and to all others similarly si

22010–2010
People v. Crump green
illappct · 2003
2 sentences

2006Crump, 344 Ill.

2006Crump, 344 Ill.

22006–2006
People v. Johnston green
illappct · 1987
2 sentences

1997First, it is well settled that a defendant may waive his constitutional right to be present at every stage of trial and may not thereafter "claim any advantage on account of his absence.” People v. Johnston, 160 Ill.

1997First, it is well settled that a defendant may waive his constitutional right to be present at every stage of trial and may not thereafter "claim any advantage on account of his absence." People v. Johnston , 160 Ill.

21997–1997
People v. Ryant green
illappct · 1976
2 sentences

1979People v. Ryant (1976), 41 Ill.

1979People v. Ryant (1976), 41 Ill.

21979–1979
People v. Curry green
illappct · 2019
1 sentence

2025People v. Curry, 2019 IL App (3d) 160783, ¶ 15 ; People v. Gregory, 379 Ill.

12025–2025
People v. Hood green
illappct · 2008
1 sentence

2024Hood, 387 Ill.

12024–2024
People v. Claudin green
illappct · 2006
2 sentences

2023Id. ¶ 34 The appellate court dismissed the appeal, holding that the defendant’s failure to file a Rule 604(d) motion was not encompassed within the admonition exception.

2023Id. at 535 .

12023–2023
People v. Robinson green
ill · 2005
2 sentences

2009Robinson, 217 Ill. 2d at 50 , 838 N.E.2d at 934 .

2009Robinson, 217 Ill. 2d at 50 , 838 N.E.2d at 934 .

12009–2009
People v. Dunn green
illappct · 2003
1 sentence

2006Defendant further contends, however, that the trial court provided an incorrect and misleading admonishment by telling him that to appeal he could “file a motion to withdraw [his] plea of guilty, modify or reconsider the sentence,” when his only recourse was to file a motion to vacate his negotiated guilty plea. 210 Ill. 2d R. 605(c)(2); Dunn, 342 Ill.

12006–2006
People v. Heidorn green
illappct · 1983
2 sentences

1993App. 3d 933, 936-37 , 449 N.E.2d 568, 572 , for the proposition that it is improper for a trial judge to make comments before the jury regarding his opinion of the credibility of a witness or of counsel’s argument, because of the "judge’s great influence over the jury.” However, in that case, the appellate court, after finding improper the court’s admonition to defense counsel to "not create false issues,” and its statement that it did not understand defense counsel’s argument, affirmed the conviction because the defendant was unable to demonstrate how he was prejudiced by the comment.

1993Heidorn, 114 Ill.

11993–1993
Patterson v. Illinois green
scotus · 1988
2 sentences

1992In this respect, we find the United States Supreme Court’s decision in Patterson v. Illinois (1988), 487 U.S. 285 , 101 L.

1992In this respect, we find the United States Supreme Court’s decision in Patterson v. Illinois (1988), 487 U.S. 285 , 101 L.

11992–1992
The People v. Smith neutral
ill · 1960
1 sentence

1971People v. Smith (1960), 18 Ill.2d 547, 553 .

11971–1971
People v. Smith green
illappct · 1966
1 sentence

1967People v. Smith, 66 Ill App2d 257, 213 NE2d 135 . (c) Defense counsel sought to call Officer Casey, a witness for the prosecution, as a hostile witness.

11967–1967

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (5) IL § 720 ILCS 5/12-4 (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

CA 51 (1949–2026) IL 41 (1967–2026) AR 8 (1993–2025) KS 8 (1971–2026) NE 8 (1988–2022) TX 7 (1983–2012) KY 7 (1919–2025) NY 5 (1974–2009) AZ 4 (1948–2016) TN 4 (2001–2016) IN 4 (1930–2019) LA 4 (1980–2017) WI 2 (1996–2001) GA 2 (2014–2021) FL 2 (1966–1993) IA 2 (1940–1985) NJ 2 (1990–1997) PA 2 (1969–2001) WA 2 (1927–1978)

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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