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33 Illinois opinions name it 2 courts 1869–2025 10 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. Steidlgreen2 sentences2025People v. Steidl, 177 Ill. 2d 239, 257 (1997). ¶ 35 Section 124A-20(b)(1) of the Code of Criminal Procedure of 1963 provides that if a defendant applying for an assessment waiver is found to be indigent, the court must exempt the defendant from payment of any assessments by granting the waiver in full. 725 ILCS 5/124A- 20(b)(1) (West 2020). 2025A person is considered indigent under the statute if, in relevant part: “(2) His or her available personal income is 200% or less of the current poverty level, unless the applicant’s assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are of a nature and value that the court determines that the applicant is able to pay the assessments.” Id. § 124A-20(a)(2). ¶ 36 Here, defendant met the criteria to qualify for an assessment waiver as the court deemed that he was indigent when it granted his motion to appoint a DNA expert at the county’s expense based on h | 3 | 3 |
People v. Evangelistagreen2 sentences2010Defendant's reliance on Evangelista, 393 Ill.App.3d at 399 , 332 Ill.Dec. 356 , 912 N.E.2d 1242 , to support his appeal is misplaced, because the Evangelista court vacated the analysis fee based merely upon the parties' agreement that the taking of a DNA sample and assessment of the analysis fee in an earlier case barred a new assessment of the analysis fee. 2010Defendant's reliance on Evangelista, 393 Ill.App.3d at 399 , 332 Ill.Dec. 356 , 912 N.E.2d 1242 , to support his appeal is misplaced, because the Evangelista court vacated the analysis fee based merely upon the parties' agreement that the taking of a DNA sample and assessment of the analysis fee in an earlier case barred a new assessment of the analysis fee. | 2 | 3 |
People v. Herrongreen2 sentences2017Thus, in the wake of Castleberry and given the “narrow and limited” scope of plain error review (People v. Herron, 215 Ill. 2d 167, 177 (2005)), it is questionable whether appellate courts may or should address contentions of error regarding fines and fees that were never raised in the trial court. ¶ 10 We must consider whether we have jurisdiction to consider the merits of Griffin’s contentions regarding his fines and fees. 2017Thus, in the wake of Castleberry and given the "narrow and limited" scope of plain error review (People v. Herron, 215 Ill. 2d 167, 177 (2005)), it is questionable whether appellate courts may or should address contentions of error regarding fines and fees that were never raised in the trial court. ¶ 10 We must consider whether we have jurisdiction to consider the merits of Griffin’s contentions regarding his fines and fees. | 2 | 2 |
People v. Marshallgreen2 sentences2010In Marshall, 402 Ill.App.3d at 1083 , 342 Ill.Dec. 88 , 931 N.E.2d 1271 , Grayer, 403 Ill.App.3d at 800-01 , 343 Ill.Dec. 510 , 935 N.E.2d 518 , Hubbard, 404 Ill.App.3d at 102-03 , 343 Ill.Dec. 679 , 935 N.E.2d 687 , and Bomar, 405 Ill.App.3d at ___ , 344 Ill.Dec. 832 , 937 N.E.2d 1173 , this court noted that although the statute does not expressly require a fee for every felony conviction, it does not limit the taking of DNA samples or the assessment of the analysis fee to a single instance. 2010In Marshall, 402 Ill.App.3d at 1083 , 342 Ill.Dec. 88 , 931 N.E.2d 1271 , Grayer, 403 Ill.App.3d at 800-01 , 343 Ill.Dec. 510 , 935 N.E.2d 518 , Hubbard, 404 Ill.App.3d at 102-03 , 343 Ill.Dec. 679 , 935 N.E.2d 687 , and Bomar, 405 Ill.App.3d at ___ , 344 Ill.Dec. 832 , 937 N.E.2d 1173 , this court noted that although the statute does not expressly require a fee for every felony conviction, it does not limit the taking of DNA samples or the assessment of the analysis fee to a single instance. | 1 | 3 |
People v. Bewgreen1 sentence2023(West 2020)), which would allow the defendant an opportunity to fully develop a record necessary to address her claims of ineffective assistance of counsel (see People v. Bew, 228 Ill. 2d 122, 135 (2008)). ¶ 28 The Illinois Supreme Court has acknowledged the difficulties facing reviewing courts in ruling on claims of ineffective assistance for failure to file a motion to suppress resulting from a record developed for trial rather than for a hearing on a suppression motion. | 1 | 1 |
Strickland v. Washingtongreen1 sentence2023To prevail on an ineffective assistance of counsel claim, counsel’s performance must be analyzed under the two-prong test set forth in Strickland v. Washington, 466 U.S. 668, 687 (1984). | 1 | 1 |
People v. McCartergreen1 sentence2021People v. McCarter, 385 Ill. | 1 | 1 |
In Re Marriage of Freemangreen1 sentence2021App. 3d 419, 424 (1992) (citing In re Marriage of Freeman, 106 Ill. 2d 290, 297-98 (1985), and People v. Youngbey, 82 Ill. 2d 556, 563 (1980)). | 1 | 1 |
In re Marriage of Hawkinggreen1 sentence2021July 1, 2019) (“If the court determines that the conditions for a full assessment waiver under 735 ILCS 5/5-105(b)(1) are satisfied, it shall enter an order permitting the applicant to sue or defend without payment of assessments, costs or charges.” (Emphasis added.)) ¶ 15 “It is presumed that every amendment to a statute is made for some purpose, and effect must be given to the amendment in a manner consistent with that purpose.” In re Marriage of Hawking, 240 Ill. | 1 | 1 |
Jackson v. Chicago Classic Janitorial & Cleaning Service, Inc.green1 sentence2018In doing so, courts have concluded that the issue of whether a doctor deviated from the scope of the plaintiff’s consent is one that is generally beyond the ken of the average lay juror because the assessment of such a claim requires specialized knowledge, skill, and 1 Ripes, citing Jackson v. Chicago Classic Janitorial & Cleaning Service, Inc., 355 Ill. | 1 | 1 |
People v. Taylorgreen1 sentence2017S. Ct. R. 615(a) (“Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the trial court.” (Emphasis added.)); see People v. Taylor, 2016 IL App (1st) 141251, ¶ 28 (where defendant challenged the imposition of two $2 fees, court stated that it would be “hard-pressed” to consider the assessment an error affecting substantial rights, “given the insubstantial nature of the fees assessed”). | 1 | 1 |
People v. Anthonygreen2 sentences2011See Anthony, 408 Ill.App.3d 799 , ___ Ill.Dec. ___, ___ N.E.2d ___; Hubbard, 404 Ill.App.3d at 102 , 343 Ill. 2011See Anthony, 408 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. Hubbard
green
2 sentences2010In Marshall, 402 Ill.App.3d at 1083 , 342 Ill.Dec. 88 , 931 N.E.2d 1271 , Grayer, 403 Ill.App.3d at 800-01 , 343 Ill.Dec. 510 , 935 N.E.2d 518 , Hubbard, 404 Ill.App.3d at 102-03 , 343 Ill.Dec. 679 , 935 N.E.2d 687 , and Bomar, 405 Ill.App.3d at ___ , 344 Ill.Dec. 832 , 937 N.E.2d 1173 , this court noted that although the statute does not expressly require a fee for every felony conviction, it does not limit the taking of DNA samples or the assessment of the analysis fee to a single instance. 2010In Marshall, 402 Ill.App.3d at 1083 , 342 Ill.Dec. 88 , 931 N.E.2d 1271 , Grayer, 403 Ill.App.3d at 800-01 , 343 Ill.Dec. 510 , 935 N.E.2d 518 , Hubbard, 404 Ill.App.3d at 102-03 , 343 Ill.Dec. 679 , 935 N.E.2d 687 , and Bomar, 405 Ill.App.3d at ___ , 344 Ill.Dec. 832 , 937 N.E.2d 1173 , this court noted that although the statute does not expressly require a fee for every felony conviction, it does not limit the taking of DNA samples or the assessment of the analysis fee to a single instance. | 5 | 2010–2011 |
People v. Grayer
green
2 sentences2011“Here, defendant is correct that the ‘statute says nothing about requiring a fee each time a defendant is convicted of a felony in this State.’ However, we also agree with the Marshall court that nothing in the statutory language limits the taking of DNA samples or the assessment of the analysis fee to a single instance.” Grayer, 403 Ill. 2011“Here, defendant is correct that the ‘statute says nothing about requiring a fee each time a defendant is convicted of a -6- felony in this State.’ However, we also agree with the Marshall court that nothing in the statutory language limits the taking of DNA samples or the assessment of the analysis fee to a single instance.” Grayer, 403 Ill. | 5 | 2010–2011 |
People v. Baker
green
2 sentences2025We remanded to give the defendant “an opportunity to file an assessment waiver.” Id. ¶ 29 In People v. Baker, 2022 IL App (4th) 210713, ¶ 81 , the defendant’s attorney failed to file a certification for a fee waiver. 2024In support of this assertion, the State relies on People v. Baker, 2022 IL App (4th) 210713 . | 2 | 2024–2025 |
People v. Mallery
green
2 sentences2025XV (West 2022))], but does not include violations of the Illinois Vehicle Code assessments.” Id. § 124A-20(a). ¶ 78 Subsection (b) requires the trial court to grant a full assessment waiver if the court finds the defendant is indigent. 2025Id. § 124A-20(b)(1). ¶ 78 For applicants who do not qualify as indigent, the statute requires the court to grant a partial waiver of assessments based upon the applicant’s available income relative to the poverty level. | 2 | 2025–2025 |
People v. Willis
green
2 sentences2010Also unavailing *117 to defendant's position are Willis, 402 Ill.App.3d 47 , 343 Ill.Dec. 163 , 934 N.E.2d 487 , and People v. Unander, 404 Ill.App.3d 884 , 344 Ill.Dec. 266 , 936 N.E.2d 795 (2010), as modified on denial of rehearing (October 26, 2010). 2010Also unavailing *117 to defendant's position are Willis, 402 Ill.App.3d 47 , 343 Ill.Dec. 163 , 934 N.E.2d 487 , and People v. Unander, 404 Ill.App.3d 884 , 344 Ill.Dec. 266 , 936 N.E.2d 795 (2010), as modified on denial of rehearing (October 26, 2010). | 2 | 2010–2010 |
People v. Domagala
green
1 sentence2023The defendant’s second claim of ineffective assistance is based on trial counsel’s failure to file an assessment waiver for which the defendant seeks remand to do so. ¶ 18 “Every defendant has a constitutional right to the effective assistance of counsel under the sixth amendment to the United States Constitution and the Constitution of Illinois.” People v. Domagala, 2013 IL 113688, ¶ 36 . | 1 | 2023–2023 |
People v. Smith
green
1 sentence2022Id. § 124A- 20(b). | 1 | 2022–2022 |
People v. Youngbey
green
1 sentence2021App. 3d 419, 424 (1992) (citing In re Marriage of Freeman, 106 Ill. 2d 290, 297-98 (1985), and People v. Youngbey, 82 Ill. 2d 556, 563 (1980)). | 1 | 2021–2021 |
Holzrichter v. Yorath
green
2 sentences2017McDonald , 2014 IL App (2d) 130401 , ¶ 27, 382 Ill.Dec. 766 , 13 N.E.3d 179 ; Holzrichter , 2013 IL App (1st) 110287 , ¶ 96, 369 Ill.Dec. 659 , 987 N.E.2d 1 . 2017McDonald , 2014 IL App (2d) 130401 , ¶ 27, 382 Ill.Dec. 766 , 13 N.E.3d 179 ; Holzrichter , 2013 IL App (1st) 110287 , ¶ 96, 369 Ill.Dec. 659 , 987 N.E.2d 1 . | 1 | 2017–2017 |
McDonald v. Lipov
green
2 sentences2017McDonald , 2014 IL App (2d) 130401 , ¶ 27, 382 Ill.Dec. 766 , 13 N.E.3d 179 ; Holzrichter , 2013 IL App (1st) 110287 , ¶ 96, 369 Ill.Dec. 659 , 987 N.E.2d 1 . 2017McDonald , 2014 IL App (2d) 130401 , ¶ 27, 382 Ill.Dec. 766 , 13 N.E.3d 179 ; Holzrichter , 2013 IL App (1st) 110287 , ¶ 96, 369 Ill.Dec. 659 , 987 N.E.2d 1 . | 1 | 2017–2017 |
People v. Unander
green
2 sentences2010Also unavailing *117 to defendant's position are Willis, 402 Ill.App.3d 47 , 343 Ill.Dec. 163 , 934 N.E.2d 487 , and People v. Unander, 404 Ill.App.3d 884 , 344 Ill.Dec. 266 , 936 N.E.2d 795 (2010), as modified on denial of rehearing (October 26, 2010). 2010Also unavailing *117 to defendant's position are Willis, 402 Ill.App.3d 47 , 343 Ill.Dec. 163 , 934 N.E.2d 487 , and People v. Unander, 404 Ill.App.3d 884 , 344 Ill.Dec. 266 , 936 N.E.2d 795 (2010), as modified on denial of rehearing (October 26, 2010). | 1 | 2010–2010 |
People v. Unander
green
1 sentence2010Also unavailing *117 to defendant's position are Willis, 402 Ill.App.3d 47 , 343 Ill.Dec. 163 , 934 N.E.2d 487 , and People v. Unander, 404 Ill.App.3d 884 , 344 Ill.Dec. 266 , 936 N.E.2d 795 (2010), as modified on denial of rehearing (October 26, 2010). | 1 | 2010–2010 |
People v. Bomar
green
2 sentences2010In Marshall, 402 Ill.App.3d at 1083 , 342 Ill.Dec. 88 , 931 N.E.2d 1271 , Grayer, 403 Ill.App.3d at 800-01 , 343 Ill.Dec. 510 , 935 N.E.2d 518 , Hubbard, 404 Ill.App.3d at 102-03 , 343 Ill.Dec. 679 , 935 N.E.2d 687 , and Bomar, 405 Ill.App.3d at ___ , 344 Ill.Dec. 832 , 937 N.E.2d 1173 , this court noted that although the statute does not expressly require a fee for every felony conviction, it does not limit the taking of DNA samples or the assessment of the analysis fee to a single instance. 2010In Marshall, 402 Ill.App.3d at 1083 , 342 Ill.Dec. 88 , 931 N.E.2d 1271 , Grayer, 403 Ill.App.3d at 800-01 , 343 Ill.Dec. 510 , 935 N.E.2d 518 , Hubbard, 404 Ill.App.3d at 102-03 , 343 Ill.Dec. 679 , 935 N.E.2d 687 , and Bomar, 405 Ill.App.3d at ___ , 344 Ill.Dec. 832 , 937 N.E.2d 1173 , this court noted that although the statute does not expressly require a fee for every felony conviction, it does not limit the taking of DNA samples or the assessment of the analysis fee to a single instance. | 1 | 2010–2010 |
In Re Marriage of Burrows
green
1 sentence1985It is obvious to us that it is for this reason that great deference is given to circuit court findings as to the existence of the requisite mental cruelty, as in In re Marriage of Burrows (1984), 126 Ill. | 1 | 1985–1985 |
People v. Cozzi
green
1 sentence1984(People v. Cozzi (1981), 93 Ill. | 1 | 1984–1984 |
Dietman v. Hunter
green
2 sentences1975In Dietman v. Hunter (1955), 5 Ill.2d 486 , 126 N.E.2d 22 , the court held that one hearing at any stage of tire assessment proceedings meets the constitutional requirements of due process, stating that if the law secured to the defendant a hearing after the assessment was in fact made by the statute, that would be sufficient. 1975In Dietman v. Hunter (1955), 5 Ill.2d 486 , 126 N.E.2d 22 , the court held that one hearing at any stage of tire assessment proceedings meets the constitutional requirements of due process, stating that if the law secured to the defendant a hearing after the assessment was in fact made by the statute, that would be sufficient. | 1 | 1975–1975 |
Covenant Mutual Life Ass'n v. Kentner
neutral
1 sentence1950Life Ass’n v. Kentner, 188 Ill. 431 , where it was held that there being no agreement that Mr. Kentner’s contract might be changed by any future bylaw, a change which attempted to levy an additional assessment was in violation of his rights. | 1 | 1950–1950 |
People ex rel. Raymond v. Fuller
neutral
1 sentence1905In the case of People v. Puller, 204 Ill. 290 , the question presented for decision was whether or not judgment of confirmation of a prior assessment for the same improvement under a previous ordinance could be pleaded in bar on an application for judgment and order of sale under the second ordinance. | 1 | 1905–1905 |
| Gross v. People ex rel. Raymond neutral | 1 | 1903–1903 |
| Scott v. People ex rel. Douglas neutral | 1 | 1895–1895 |
| City of Chicago v. Larned neutral | 1 | 1869–1869 |
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.