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35 Illinois opinions name it 2 courts 1990–2021 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 |
|---|---|---|
Teague v. Lanegreen2 sentences2017The United States Supreme Court explained that “a case announces a new rule when it breaks new ground or imposes a new obligation on the States or the Federal 2 Castleberry was filed on November 19, 2015, several weeks after defendant filed his initial appellate brief. -4- Government.” Teague, 489 U.S. at 301 ; see also Morris, 236 Ill. 2d at 359 . 2016Generally speaking, “a case announces a new rule if the result was not dictated by precedent existing at the time the defendant’s conviction became final.” (Emphasis omitted.) Id. at 301 . | 4 | 33 |
People v. Flowersgreen2 sentences2012See Teague, 489 U.S. at 301 (“a case announces a new rule when it breaks new ground or imposes a new obligation on the States or the Federal Government. [Citations.] To put it differently, a case announces a new rule if the result was not dictated by precedent existing at the time the defendant’s conviction became final.” (Emphasis in original.)); see also Flowers, 138 Ill. 2d at 237 . ¶ 41 Having reached this conclusion, we must next determine whether the new rule announced in White is retroactively applicable to cases, such as the defendant’s, on collateral review. 2012In Butler v. McKellar, 494 U.S. 407, 415 (1990), the Supreme Court instructed that “the fact that a court says that its decision is within the ‘logical compass’ of an earlier decision, or indeed that it is ‘controlled’ by a prior decision, is not conclusive for purposes of deciding whether the current decision is a ‘new rule’ under Teague.” Further, in Saffle v. Parks, 494 U.S. 484, 488 (1990), the Supreme Court stated that a decision constitutes a new rule unless “a state court considering [the] claim at the time [the] conviction became final would have felt compelled by existing precedent to | 4 | 8 |
Butler v. McKellargreen2 sentences2012In Butler v. McKellar, 494 U.S. 407, 415 (1990), the Supreme Court instructed that “the fact that a court says that its decision is within the ‘logical compass’ of an earlier decision, or indeed that it is ‘controlled’ by a prior decision, is not conclusive for purposes of deciding whether the current decision is a ‘new rule’ under Teague.” Further, in Saffle v. Parks, 494 U.S. 484, 488 (1990), the Supreme Court stated that a decision constitutes a new rule unless “a state court considering [the] claim at the time [the] conviction became final would have felt compelled by existing precedent to 2011Moreover, “ ‘the fact that a court says that its decision is within the “logical compass” of an earlier decision, or indeed that it is “controlled” by a prior decision, is not conclusive for purposes of deciding whether the current decision is a “new rule” under Teague’ ” Morris, 236 Ill. 2d at 360 (quoting Butler v. McKellar, 494 U.S. 407, 415 (1990)). | 3 | 5 |
People v. Morrisgreen2 sentences2017The United States Supreme Court explained that “a case announces a new rule when it breaks new ground or imposes a new obligation on the States or the Federal 2 Castleberry was filed on November 19, 2015, several weeks after defendant filed his initial appellate brief. -4- Government.” Teague, 489 U.S. at 301 ; see also Morris, 236 Ill. 2d at 359 . 2011The Teague Court explained that, generally, “a case announces a new rule when it breaks new ground or imposes a new obligation on the States or the Federal Government. [Citations.] To put it differently, a case announces a new rule if the result was not dictated by precedent existing at the time the defendant’s conviction became final.” (Emphasis in original.) Teague, 489 U.S. at 301 ; People v. Morris, 236 Ill. 2d 345, 359 (2010). | 3 | 3 |
Saffle v. Parksgreen2 sentences2021(Internal quotation marks omitted.) Id. 2012In Butler v. McKellar, 494 U.S. 407, 415 (1990), the Supreme Court instructed that “the fact that a court says that its decision is within the ‘logical compass’ of an earlier decision, or indeed that it is ‘controlled’ by a prior decision, is not conclusive for purposes of deciding whether the current decision is a ‘new rule’ under Teague.” Further, in Saffle v. Parks, 494 U.S. 484, 488 (1990), the Supreme Court stated that a decision constitutes a new rule unless “a state court considering [the] claim at the time [the] conviction became final would have felt compelled by existing precedent to | 1 | 2 |
People v. Averygreen1 sentence2013As set out in Avery, “ ‘a case announces a new rule when it breaks new ground or imposes a new obligation on the States or the Federal Government.’ ” Avery, 2012 IL App (1st) 110298, ¶ 37 (quoting Teague v. Lane, 489 U.S. 288, 301 (1989)). | 1 | 1 |
People v. Kizergreen2 sentences2012In Butler v. McKellar, 494 U.S. 407, 415 (1990), the Supreme Court instructed that “the fact that a court says that its decision is within the ‘logical compass’ of an earlier decision, or indeed that it is ‘controlled’ by a prior decision, is not conclusive for purposes of deciding whether the current decision is a ‘new rule’ under Teague.” Further, in Saffle v. Parks, 494 U.S. 484, 488 (1990), the Supreme Court stated that a decision constitutes a new rule unless “a state court considering [the] claim at the time [the] conviction became final would have felt compelled by existing precedent to 2012Kizer, 318 Ill. | 1 | 1 |
Gray v. Netherlandgreen2 sentences2009Ed. 2d at 349 , 109 S. Ct. at 1070 ; see also Gray v. Netherland, 518 U.S. 152, 166 , 135 L. 2009Ed. 2d at 349 , 109 S. Ct. at 1070 ; see also Gray v. Netherland, 518 U.S. 152, 166 , 135 L. | 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. Castleberry
green
1 sentence2016Castleberry, 2015 IL 116916, ¶ 19 . ¶ 28 Generally speaking, it is “often difficult” to determine whether a case announces a new rule. | 1 | 2016–2016 |
People v. Arna
red
1 sentence2012This rule of law has been consistently applied since People v. Arna, 168 Ill. 2d 107 (1995). | 1 | 2012–2012 |
People v. Moore
green
2 sentences2008According to Moore , the Kilpatrick decision "was compelled by [case law] and Illinois statutory law." Moore, 177 Ill.2d at 435 , 226 Ill.Dec. 804 , 686 N.E.2d at 595 . 2008According to Moore , the Kilpatrick decision "was compelled by [case law] and Illinois statutory law." Moore, 177 Ill.2d at 435 , 226 Ill.Dec. 804 , 686 N.E.2d at 595 . | 1 | 2008–2008 |
Penry v. Lynaugh
red
2 sentences1997A case does not announce a new rule if "`"it has simply applied a well-established constitutional principle to govern a case which is closely analogous to those which have been previously considered in the prior case law."` [Citations.]" Penry, 492 U.S. at 314 , 109 S.Ct. at 2944 , 106 L.Ed.2d at 275 . 1997A case does not announce a new rule if "`"it has simply applied a well-established constitutional principle to govern a case which is closely analogous to those which have been previously considered in the prior case law."` [Citations.]" Penry, 492 U.S. at 314 , 109 S.Ct. at 2944 , 106 L.Ed.2d at 275 . | 1 | 1997–1997 |
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.
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.