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

26 Illinois opinions name it 2 courts 1991–2026 6 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
People v. Barbara H.green
ill · 1998 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001See Barbara H., 183 Ill. 2d at 498 .

2001See Barbara H. , 183 Ill. 2d at 498 .

22
People v. Walkergreen
ill · 2009 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026ANALYSIS ¶ 27 Taylor first argues that the trial court abused its discretion by denying his request for a continuance to obtain documents regarding his education and asks this court to remand the matter for a new hearing. “[T]he granting or denial of a continuance is a matter resting in the sound discretion of the trial court, and a reviewing court will not interfere with that decision absent a clear abuse of discretion.” People v. Walker, 232 Ill. 2d 113, 125 (2009).

11
Young v. Hermangreen
illappct · 2018 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025We therefore decline Zachary’s invitation to reverse the parenting time decision and remand the matter for a new hearing. ¶ 65 We reiterate that “ ‘[i]n child custody cases, there is a strong and compelling presumption in favor of the result reached by the trial court because it is in a superior position to evaluate the evidence and determine the best interests of the child.’ ” Young, 2018 IL App (4th) 170001, ¶ 64 (quoting Agers, 2013 IL App (5th) 120375, ¶ 25 ).

11
In re Marriage of Jessica F.green
illappct · 2024 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025Further, “ ‘[i]t is no small burden to show that a [trial] court’s ruling *** is against the manifest weight of the evidence.’ ” In re Marriage of Jessica F., 2024 IL App (4th) 231264, ¶ 48 (quoting Jameson v. Williams, 2020 IL App (3d) 200048, ¶ 50 ).

11
Wendy and William Spatz Charitable Foundation v. 2263 North Lincoln Corporationgreen
illappct · 2013 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See Wendy & William Spatz, 2013 IL App (1st) 122076, ¶ 42 ; Richardson, 375 Ill.

11
People v. Johnsongreen
ill · 1981 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023But this case presents a wrinkle because we must reverse the circuit court’s award of attorney fees and costs, and remand the matter for a new hearing on Graham’s supplemental petition for attorney fees and costs. ¶ 58 Similar circumstances occurred in People v. Johnson, 87 Ill. 2d 98, 101 (1981), where two attorneys who had represented indigent defendants in criminal cases sought compensation for their - 26 - services.

11
People v. Shirleygreen
ill · 1998 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021See Shirley, 181 Ill. 2d at 369 (court declined to remand for a new hearing where certificate filed on remand complied with Supreme Court Rule 604(d) and defendant received a full and fair hearing on his postplea motion). ¶ 36 III.

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 (7)

CaseCitedYears
People v. Krankel green
ill · 1984
2 sentences

2006In Krankel, 102 Ill. 2d at 187-89 , defendant presented a posttrial motion alleging ineffective assistance of counsel, and the supreme court remanded the matter for a new hearing on defendant's motion with newly appointed counsel.

2006In Krankel, 102 Ill. 2d at 187-89 , defendant presented a posttrial motion alleging ineffective assistance of counsel, and the supreme court remanded the matter for a new hearing on defendant’s motion with newly appointed counsel.

172001–2021
People v. Burge green
ill · 2021
1 sentence

2026An abuse of discretion will only be found “where the court's ruling is arbitrary, fanciful, unreasonable, or no reasonable person would take the view adopted by the trial court.” (Internal quotation marks omitted.) People v. Burge, 2021 IL 125642, ¶ 37 .

12026–2026
In re M.S. neutral
illappct · 2025
1 sentence

2025CONCLUSION ¶ 61 For the reasons stated, we vacate the circuit court’s August 28, 2024, orders, and we remand this matter for a new hearing on Benjamin’s “Petition for Order for Integrated Assessment for Father, for Referrals for Services to Father for Reunification, and to Change Permanency Goal of Guardianship to Return Home” and for a hearing in compliance with section 11-5(b) of the Probate Act (755 ILCS 5/11-5(b) (West 2022)) on the petition for private guardianship. ¶ 62 Vacated and remanded with directions. - 23 - No. 1-24-1925 In re M.S., 2025 IL App (1st) 241925 Decision Under Review:

12025–2025
Jameson v. Williams green
illappct · 2020
1 sentence

2025Further, “ ‘[i]t is no small burden to show that a [trial] court’s ruling *** is against the manifest weight of the evidence.’ ” In re Marriage of Jessica F., 2024 IL App (4th) 231264, ¶ 48 (quoting Jameson v. Williams, 2020 IL App (3d) 200048, ¶ 50 ).

12025–2025
In re Marriage of Agers green
illappct · 2013
1 sentence

2025We therefore decline Zachary’s invitation to reverse the parenting time decision and remand the matter for a new hearing. ¶ 65 We reiterate that “ ‘[i]n child custody cases, there is a strong and compelling presumption in favor of the result reached by the trial court because it is in a superior position to evaluate the evidence and determine the best interests of the child.’ ” Young, 2018 IL App (4th) 170001, ¶ 64 (quoting Agers, 2013 IL App (5th) 120375, ¶ 25 ).

12025–2025
Blagg v. ILL. FWD TRUCK & EQUIP. CO. green
illappct · 1989
1 sentence

1994Blagg I, 186 Ill.

11994–1994
People v. Jackson green
illappct · 1985
1 sentence

1991In People v. Jackson (1985), 131 Ill.

11991–1991

Statutes the citing opinions construe

IL § 720 ILCS 5/9-1 (4) IL § 730 ILCS 5/5-8-1 (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

NY 101 (1969–2025) IL 26 (1991–2026) CA 22 (2003–2026) NJ 7 (1979–2025) PA 6 (1983–2021) WI 5 (2002–2022) OH 5 (1996–2025) FL 4 (2001–2014) CT 3 (1993–2020) TX 3 (2014–2023) VI 2 (2011–2016) NC 2 (2015–2018) CO 2 (1974–1974)

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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