case for a new hearing (Illinois) · Go Syfert
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case for a new hearing in Illinois

30 Illinois opinions name it 2 courts 1979–2026 5 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 (7)

CaseFollowedCited
Strohl v. MACON CTY. ZONING BD. OF APPEALSgreen
ill · 1952 · cited in 2 Illinois opinions naming this issue, 2019–2020
2 sentences

2020District 229 objected and filed a motion to reconsider, arguing that the court should reverse the Board’s decision rather than remand the case because, under Strohl v. Macon County Zoning Board of Appeals, 411 Ill. 559, 565 (1952), the Board’s failure to keep a record of the proceedings on the petition for rehearing constitutes a reversal of its decision.

2019District 229 objected and filed a motion to reconsider, arguing that the court should reverse the Board’s decision rather than remand the case because, under Strohl v. Macon County Zoning Board of Appeals, 411 Ill. 559, 565 (1952), the Board’s failure to keep a record of the proceedings on the petition for 5 rehearing constitutes a reversal of its decision.

22
People v. Mooregreen
ill · 2003 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011Id. at 189 , 464 N.E.2d at 1049 ; see also People v. Moore, 207 Ill. 2d 68, 77-79 , 797 N.E.2d 631, 637-38 (2003) (discussing and applying Krankel and the rules derived therefrom).

2011Id. at 189 , 464 N.E.2d at 1049 ; see also People v. Moore, 207 Ill. 2d 68, 77-79 , 797 N.E.2d 631, 637-38 (2003) (discussing and applying Krankel and the rules derived therefrom).

22
People v. Derragreen
illappct · 1981 · cited in 2 Illinois opinions naming this issue, 2003–2003
2 sentences

2003See People v. Berra, 92 Ill.

2003See People v. Derra, 92 Ill.App.3d 1106, 1112 , 48 Ill.Dec. 415 , 416 N.E.2d 688, 692 (1981) (defendant's waiver of counsel was ineffective without strict compliance with Rule 401).

22
People v. Caballerogreen
ill · 1989 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025See People v. Caballero, 126 Ill. 2d 248, 269-70 (1989) (defining ineffective assistance of direct appeal counsel). -8- No. 1-23-2386 ¶ 39 No Error ¶ 40 Stephens contends the insufficiency of the Krankel inquiry was evident from the record, and thus, direct appeal counsel erred by not raising it on appeal.

11
People v. Pendletongreen
ill · 2006 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025People v. Pendleton, 223 Ill. 2d 458, 473 (2006). ¶ 38 In light of this, we accept Stephens’s factual allegations as true and determine: (i) whether direct appeal counsel was objectively unreasonable for not challenging the Krankel inquiry, and (ii) whether, absent direct appeal counsel’s error, a reasonable probability exists that we would have remanded the case for a new inquiry.

11
Lopez v. Dartgreen
illappct · 2018 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021See Lopez, 2018 IL App (1st) 170733, ¶ 59 ; Cruz, 2019 IL App (1st) 170915, ¶ 38 . ¶4 Armed with those decisions, the sheriff returned to the circuit court and asked for reconsideration of its order remanding the case for a new hearing.

11
People v. Crossgreen
illappct · 1997 · cited in 1 Illinois opinions naming this issue, 1998–1998
2 sentences

1998See People v. Cross, 289 Ill.App.3d 876, 891 , 225 Ill.Dec. 660 , 684 N.E.2d 135 (1997) (where the trial court remanded the case for a new hearing because the defendant was not aware that he had the burden of proof and would have put forth different evidence or trial strategy had he been so apprised).

1998See People v. Cross, 289 Ill.App.3d 876, 891 , 225 Ill.Dec. 660 , 684 N.E.2d 135 (1997) (where the trial court remanded the case for a new hearing because the defendant was not aware that he had the burden of proof and would have put forth different evidence or trial strategy had he been so apprised).

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 (12)

CaseCitedYears
People v. Krankel green
ill · 1984
2 sentences

2020For the following reasons, we affirm the judgment of the circuit court of Cook County but remand the case for a new hearing under People v. Krankel, 102 Ill. 2d 181 (1984), with newly appointed counsel. ¶2 BACKGROUND ¶3 The State charged the defendant with delivery of a controlled substance.

2020For the following reasons, we affirm the judgment of the circuit court of Cook County but remand the case for a new hearing under People v. Krankel, 102 Ill. 2d 181 (1984), with newly appointed counsel. ¶2 BACKGROUND ¶3 The State charged the defendant with delivery of a controlled substance.

111988–2020
In Re Estate of Rudder neutral
illappct · 1979
2 sentences

1983Finally, in In re Estate of Rudder (1979), 78 Ill.

1983Finally, in In re Estate of Rudder (1979), 78 Ill.

21983–1983
Goldfarb v. Virginia State Bar green
scotus · 1975
2 sentences

1979In Larkin Bank the court rejected the award of costs for confession of judgment based on a minimum fee schedule since fee schedules were held violative of the Sherman Anti-Trust Act in Goldfarb v. Virginia State Bar (1975), 421 U.S. 773 , 44 L.

1979In Larkin Bank the court rejected the award of costs for confession of judgment based on a minimum fee schedule since fee schedules were held violative of the Sherman Anti-Trust Act in Goldfarb v. Virginia State Bar (1975), 421 U.S. 773 , 44 L.

21979–1979
In Re DT green
ill · 2004
1 sentence

2026Id. at 366-67 . ¶ 35 The State argues, “In both cases, the judges’ repeated and unequivocal statements demonstrated that they measured the evidence by the wrong rule of decisions.” However, the State has misapprehended or disregarded the reasons why In re Urbasek and In re D.T. are so dissimilar to this case and why the standard of proof in those cases was incorrect.

12026–2026
The PEOPLE EX REL. BORELLI v. Sain green
ill · 1959
2 sentences

2024Id. ¶ 125 On remand, at the new hearing, the respondents “refused to stipulate to [Borelli’s] testimony, or to consent to the introduction of the former stipulation, and were permitted to establish a prima facie case solely by the introduction of the Governor’s warrant into evidence.” Id. at 324 .

2024Id. ¶ 125 On remand, at the new hearing, the respondents “refused to stipulate to [Borelli’s] testimony, or to consent to the introduction of the former stipulation, and were permitted to establish a prima facie case solely by the introduction of the Governor’s warrant into evidence.” Id. at 324 .

12024–2024
People v. Sandoval green
illappct · 2023
2 sentences

2023CONCLUSION ¶ 27 For the reasons stated, we vacate the judgment of the circuit court of McHenry County, granting defendant’s petition to rescind the statutory summary suspension of his driving privileges, and we remand this case for a new hearing under section 2-118.1(b) of the Code. ¶ 28 Vacated and remanded with directions. - 10 - 2023 IL App (2d) 220155 People v. Sandoval, 2023 IL App (2d) 220155 Decision Under Review: Appeal from the Circuit Court of McHenry County, No. 21-DT- 727; the Hon.

2023CONCLUSION ¶ 27 For the reasons stated, we vacate the judgment of the circuit court of McHenry County, granting defendant’s petition to rescind the statutory summary suspension of his driving privileges, and we remand this case for a new hearing under section 2-118.1(b) of the Code. ¶ 28 Vacated and remanded with directions. - 10 - 2023 IL App (2d) 220155 People v. Sandoval, 2023 IL App (2d) 220155 Decision Under Review: Appeal from the Circuit Court of McHenry County, No. 21-DT- 727; the Hon.

12023–2023
Cruz v. Dart green
illappct · 2019
1 sentence

2021See Lopez, 2018 IL App (1st) 170733, ¶ 59 ; Cruz, 2019 IL App (1st) 170915, ¶ 38 . ¶4 Armed with those decisions, the sheriff returned to the circuit court and asked for reconsideration of its order remanding the case for a new hearing.

12021–2021
In Interest of Ashley K. green
illappct · 1991
1 sentence

2012Ashley K., 212 Ill.

12012–2012
Roche v. Fireside Chrysler-Plymouth, Mazda, Inc. green
illappct · 1992
1 sentence

1997Roche, 235 Ill.

11997–1997
Wilson v. Board of Fire & Police Commissioners green
illappct · 1990
1 sentence

1993(Wilson, 205 Ill.

11993–1993
Martinez v. Erickson green
ill · 1989
2 sentences

1990The supreme court reversed the trial court’s dismissal of the action and remanded the case for a new hearing because “the circuit judge may not have accorded adequate weight to the plaintiff’s conduct in effecting service on the defendants following the refiling of his action[.]” Martinez, 127 Ill. 2d at 121 , 535 N.E.2d at 857 .

1990The supreme court reversed the trial court’s dismissal of the action and remanded the case for a new hearing because “the circuit judge may not have accorded adequate weight to the plaintiff’s conduct in effecting service on the defendants following the refiling of his action[.]” Martinez, 127 Ill. 2d at 121 , 535 N.E.2d at 857 .

11990–1990
Santosky v. Kramer green
scotus · 1982
1 sentence

1988Ed. 2d at 603 , 102 S. Ct. at 1391-92 .) Because the trial court’s finding of permanent neglect was made on the basis of a preponderance of the evidence standard, the Court vacated the judgment and remanded the case for a new hearing to be conducted under a constitutionally proper standard.

11988–1988

Statutes the citing opinions construe

IL § 720 ILCS 570/401 (6) IL § 725 ILCS 5/122-1 (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

CT 35 (1985–2026) IL 30 (1979–2026) TX 19 (1966–2021) CA 14 (2013–2025) PA 13 (1975–2025) TN 8 (1997–2026) OH 6 (1999–2026) WV 6 (1995–2016) NC 6 (1997–2023) LA 6 (1989–2007) MO 5 (2000–2018) FL 4 (1981–2001) CO 4 (1989–2024) DC 4 (1958–1985) VT 3 (1989–1995) OR 3 (2001–2014) MS 3 (2001–2024) NM 3 (1976–2011) MD 3 (1967–2025) MT 2 (1980–2018) NY 2 (1937–2002) MA 2 (1976–2004) HI 2 (2018–2021) IN 2 (1901–1910) RI 2 (2011–2026)

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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