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26 Illinois opinions name it 2 courts 2023–2026 26 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. Perkinsgreen2 sentences2024Importantly for the present case, “[t]his includes making amendments that are necessary to overcome procedural bars.” Id. (citing People v. Perkins, 229 Ill. 2d 34, 44 (2007)). 2024“This includes making amendments that are necessary to overcome procedural bars.” Id. (citing People v. Perkins, 229 Ill. 2d 34, 44 (2007)); see also Perkins, 229 Ill. 2d at 44 (“An adequate or proper presentation of a petitioner's substantive claims necessarily includes attempting to overcome procedural bars *** that will result in dismissal of a petition if not rebutted.”). ¶ 12 The defendant’s postconviction counsel filed a Rule 651(c) certificate in which he stated that no amendments were necessary to adequately present the defendant’s claims. | 2 | 2 |
People v. Suarezgreen1 sentence2024When counsel files a Rule 651(c) certificate, a rebuttable presumption of reasonable assistance arises and “[t]he defendant bears the burden of overcoming th[is] presumption by showing that postconviction counsel did not substantially comply with the strictures of the rule.” Id. ¶ 36 Most significantly, for purposes of this case: The supreme court in Addison made clear that when the petitioner does overcome the presumption that postconviction counsel performed the duties set out in Rule 651(c), “it is inappropriate to consider the merits of the claim in the petition.” Id. ¶ 42 (citing People v | 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. Addison
green
2 sentences2026The defendant bears the burden of overcoming that presumption by showing that postconviction counsel did not substantially comply with the strictures of the rule. [Citation.] The defendant may do so by, inter alia, demonstrating that postconviction counsel did not make all necessary amendments to the pro se petition. [Citations.]” Addison, 2023 IL 127119, ¶¶ 20-21 . 2026“The defendant bears the burden of overcoming that presumption by showing that postconviction counsel did not substantially comply with the strictures of the rule.” Addison, 2023 IL 127119, ¶ 21 . | 21 | 2024–2026 |
People v. Gallano
green
2 sentences2026“The defendant bears the burden of overcoming that presumption by showing that postconviction counsel did not substantially comply with the strictures of the rule.” Id. (citing People v. Gallano, 2019 IL App (1st) 160570, ¶ 26 ). 2023People v. Gallano, 2019 IL App (1st) 160570, ¶ 26 . | 2 | 2023–2026 |
People v. Willis
green
1 sentence2026People v. Willis, 2025 IL App (1st) 232204, ¶ 18 . ¶ 48 Here, we find the record only further supports that postconviction counsel substantially complied with the limited requirements of Rule 651(c), as she thoroughly described her efforts to - 18 - No. 1-23-1225 the court on multiple dates and explained why certain documentation was unavailable. | 1 | 2026–2026 |
People v. Custer
green
1 sentence2026“The defendant bears the burden of overcoming that presumption by showing that postconviction counsel did not substantially comply with the strictures of the rule.” Id. (citing People v. Gallano, 2019 IL App (1st) 160570, ¶ 26 ). | 1 | 2026–2026 |
People v. Jean
green
1 sentence2025The defendant may overcome the presumption by showing that counsel failed to “substantially comply with the strictures of the rule.” (Internal quotation marks omitted.) Id. | 1 | 2025–2025 |
People v. Smith
green
1 sentence2024The filing of a Rule 651(c) certificate creates a rebuttable presumption that the defendant received reasonable assistance of postconviction counsel, which a defendant can overcome by showing that counsel did not “substantially comply with the strictures of the rule.” Frey, 2024 IL 128644, ¶ 30 ; Smith, 2022 IL 126940, ¶ 29 . | 1 | 2024–2024 |
People v. Frey
green
1 sentence2024The filing of a Rule 651(c) certificate creates a rebuttable presumption that the defendant received reasonable assistance of postconviction counsel, which a defendant can overcome by showing that counsel did not “substantially comply with the strictures of the rule.” Frey, 2024 IL 128644, ¶ 30 ; Smith, 2022 IL 126940, ¶ 29 . | 1 | 2024–2024 |
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.