24 Illinois opinions name it 1 courts 2000–2025 11 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. Ortizgreen2 sentences2023For a claim asserting actual innocence, the defendant must make a “substantial showing” (Id. ¶ 37) that the evidence supporting his claim is “newly discovered, material and not merely cumulative, and of such conclusive character that it would probably change the result on retrial” (Id. ¶ 46 (citing People v. Ortiz, 235 Ill. 2d 319, 333 (2009))). 2023For a claim asserting actual innocence, the defendant must make a substantial showing that the evidence supporting his claim is “newly discovered, material and not merely cumulative, and of such conclusive character that it would probably change the result on retrial.” People v. Sanders, 2016 IL 118123, ¶ 46 (citing People v. Ortiz, 235 Ill. 2d 319, 333 (2009)). ¶ 34 The State in this case argues that the defendant’s petition fails to satisfy the materiality and conclusive-character elements of the actual-innocence standard. | 4 | 4 |
People v. Edwardsgreen2 sentences2017Stated differently, “leave of court should be granted when the petitioner’s supporting documentation raises the probability that ‘it is more likely than not that no reasonable juror would have convicted him in the light of the new evidence.’ ” Id. (quoting Schlup v. Delo, 513 U.S. 298, 327 (1995)). ¶ 27 The elements of a successful claim of actual innocence require that the evidence supporting the claim must be (1) newly discovered, (2) material, (3) not merely cumulative, and (4) of such conclusive character that it would probably change the result on retrial. 2016Stated differently, “leave of court should be granted when the petitioner’s supporting documentation raises the probability that ‘it is more likely than not that no reasonable juror would have convicted him in the light of the new evidence.’ ” Id. (quoting Schlup v. Delo, 513 U.S. 298, 327 (1995)). ¶ 27 The elements of a successful claim of actual innocence require that the evidence supporting the claim must be (1) newly discovered, (2) material, (3) not merely cumulative, and (4) of such conclusive character that it would probably change the result on retrial. | 2 | 3 |
Schlup v. Delored2 sentences2017Stated differently, “leave of court should be granted when the petitioner’s supporting documentation raises the probability that ‘it is more likely than not that no reasonable juror would have convicted him in the light of the new evidence.’ ” Id. (quoting Schlup v. Delo, 513 U.S. 298, 327 (1995)). ¶ 27 The elements of a successful claim of actual innocence require that the evidence supporting the claim must be (1) newly discovered, (2) material, (3) not merely cumulative, and (4) of such conclusive character that it would probably change the result on retrial. 2016Stated differently, “leave of court should be granted when the petitioner’s supporting documentation raises the probability that ‘it is more likely than not that no reasonable juror would have convicted him in the light of the new evidence.’ ” Id. (quoting Schlup v. Delo, 513 U.S. 298, 327 (1995)). ¶ 27 The elements of a successful claim of actual innocence require that the evidence supporting the claim must be (1) newly discovered, (2) material, (3) not merely cumulative, and (4) of such conclusive character that it would probably change the result on retrial. | 2 | 2 |
People v. Sandersgreen2 sentences2025The sole issue on appeal was whether the defendant made a substantial showing that “the evidence supporting his claim is ‘newly discovered, material and not merely cumulative, and of such conclusive character that it - 18 - 1-23-2096 would probably change the result on retrial’ [Citations.]” McCoy, 2023 IL App (1st) 220148, ¶ 7 (citing Sanders, 2016 IL 118123, ¶ 46 ). 2023For a claim asserting actual innocence, the defendant must make a substantial showing that the evidence supporting his claim is “newly discovered, material and not merely cumulative, and of such conclusive character that it would probably change the result on retrial.” People v. Sanders, 2016 IL 118123, ¶ 46 (citing People v. Ortiz, 235 Ill. 2d 319, 333 (2009)). ¶ 34 The State in this case argues that the defendant’s petition fails to satisfy the materiality and conclusive-character elements of the actual-innocence standard. | 1 | 2 |
People v. McCoygreen2 sentences2025“Because the court dismissed the defendant’s petition at the second of the [Post-Conviction Hearing] Act’s three stages, our review is focused on ‘whether the allegations in the petition, liberally construed in favor of the petitioner and -8- 1-23-2096 taken as true, are sufficient to invoke relief under the Act.’ [Citation.] For a claim asserting actual innocence, the defendant must make a ‘substantial showing’ ([citation]) that the evidence supporting his claim is ‘newly discovered, material and not merely cumulative, and of such conclusive character that it would probably change the result 2025The sole issue on appeal was whether the defendant made a substantial showing that “the evidence supporting his claim is ‘newly discovered, material and not merely cumulative, and of such conclusive character that it - 18 - 1-23-2096 would probably change the result on retrial’ [Citations.]” McCoy, 2023 IL App (1st) 220148, ¶ 7 (citing Sanders, 2016 IL 118123, ¶ 46 ). | 1 | 1 |
People v. Pendletongreen1 sentence2023The petitioner argues that, in denying his actual innocence claim, the trial court did not consider all of the evidence supporting the claim. ¶ 51 When, as in this case, a postconviction claim survives dismissal at the second stage of proceedings under the Act, the matter then advances to the third stage, where an evidentiary hearing is held to establish the truth of the petition’s factual allegations. 725 ILCS 5/122-6 (West 2020); People v. Pendleton, 223 Ill. 2d 458, 473 (2006). | 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. Adams
green
2 sentences2017We find that the claim as to evidence of Contreras’s identity does not meet the cause and prejudice test, and 19 No. 1-15-0583 therefore the trial court correctly denied Hauad’s request for leave to add the claim to his Miller petition. ¶ 58 Actual Innocence ¶ 59 “When a defendant claims actual innocence, the question is whether his motion and supporting documentation set forth a colorable claim; that is, whether they raise the probability that it is more likely than not that no reasonable juror would have convicted him in light of the new evidence. [Citation.] The evidence supporting the clai 2017We find that the claim as to evidence of Contreras’s identity does not meet the cause and prejudice test, and 20 No. 1-15-0583 therefore the trial court correctly denied Hauad’s request for leave to add the claim to his Miller petition. ¶ 61 Actual Innocence ¶ 62 “When a defendant claims actual innocence, the question is whether his motion and supporting documentation set forth a colorable claim; that is, whether they raise the probability that it is more likely than not that no reasonable juror would have convicted him in light of the new evidence. [Citation.] The evidence supporting the clai | 3 | 2016–2017 |
Marshall v. Burger King Corp.
green
2 sentences2010Marshall, 222 Ill. 2d at 429-30 , 856 N.E.2d at 1053 . 2010Marshall, 222 Ill. 2d at 429-30 , 856 N.E.2d at 1053 . | 2 | 2010–2010 |
People v. Dunn
green
2 sentences2001People v. Dunn, 306 Ill. 2001People v. Dunn , 306 Ill. | 2 | 2001–2001 |
People v. Gholston
green
2 sentences2000Gholston , 297 Ill. 2000Gholston, 297 Ill. | 2 | 2000–2000 |
People v. Taliani
green
1 sentence2025Taliani¸ 2021 IL 125891, ¶ 58 . ¶ 22 The State concedes, and we agree, that the evidence in the three affidavits is material and noncumulative. | 1 | 2025–2025 |
People v. Dupree
green
1 sentence2025“Because the court dismissed the defendant’s petition at the second of the [Post-Conviction Hearing] Act’s three stages, our review is focused on ‘whether the allegations in the petition, liberally construed in favor of the petitioner and -8- 1-23-2096 taken as true, are sufficient to invoke relief under the Act.’ [Citation.] For a claim asserting actual innocence, the defendant must make a ‘substantial showing’ ([citation]) that the evidence supporting his claim is ‘newly discovered, material and not merely cumulative, and of such conclusive character that it would probably change the result | 1 | 2025–2025 |
People v. Monick
green
1 sentence2025Id. | 1 | 2025–2025 |
People v. Calhoun
green
1 sentence2025Id. ¶ 33 The elements of a successful claim of actual innocence require that the evidence supporting the claim must be (1) newly discovered, (2) material, (3) not merely cumulative, and (4) of such conclusive character that it would probably change the result on retrial. | 1 | 2025–2025 |
People v. Robinson
green
1 sentence2025People v. Robinson, 2020 IL 123849, ¶ 39 . -6- No. 1-23-0814 ¶ 21 The evidence supporting a claim of actual innocence must be (1) newly discovered, (2) material and not merely cumulative of the trial evidence, and (3) of such conclusive character that it would probably change the result on retrial. | 1 | 2025–2025 |
In Re Estate of Hoover
green
1 sentence2022App. 3d at 1066 . ¶ 26 A. Presumption of Undue Influence ¶ 27 One ground for contesting a will is undue influence. “ ‘What constitutes undue influence cannot be defined by fixed words and will depend upon the circumstances of each case. [Citation.] The exercise of undue influence may be inferred in cases where the power of another has been so exercised upon the mind of the testator as to have induced him to make a devise or confer a benefit contrary to his deliberate judgement and reason [Citation.]’ ” DeHart v. DeHart, 2013 IL 114137, ¶ 27 , 986 N.E.2d 85 (quoting Hoover, 155 Ill. 2d at 411 ) | 1 | 2022–2022 |
Pickel v. SPRINGFIELD STALLIONS, INC.
green
1 sentence2022A plaintiff’s petition “need not itemize the evidence supporting the claim,” but it must contain well-pleaded facts and “not bare conclusions.” Pickel, 398 Ill. | 1 | 2022–2022 |
DeHart v. DeHart
green
1 sentence2022App. 3d at 1066 . ¶ 26 A. Presumption of Undue Influence ¶ 27 One ground for contesting a will is undue influence. “ ‘What constitutes undue influence cannot be defined by fixed words and will depend upon the circumstances of each case. [Citation.] The exercise of undue influence may be inferred in cases where the power of another has been so exercised upon the mind of the testator as to have induced him to make a devise or confer a benefit contrary to his deliberate judgement and reason [Citation.]’ ” DeHart v. DeHart, 2013 IL 114137, ¶ 27 , 986 N.E.2d 85 (quoting Hoover, 155 Ill. 2d at 411 ) | 1 | 2022–2022 |
Strickland v. Washington
green
1 sentence2021Strickland, 466 U.S. at 694 . 20 No. 1-19-0434 ¶ 50 As the trial court observed, the evidence supporting the instruction for defense against a forcible felony was “factually inextricable” from the evidence supporting the provided instruction for defense against the imminent use of deadly force. | 1 | 2021–2021 |
Mathews v. United States
green
1 sentence2021Id. ¶ 109 In her testimony, Silva denied she attacked defendant, tore the TV screens from the headrests and tried to hit defendant with them, or otherwise damaged the interior of defendant’s vehicle. | 1 | 2021–2021 |
In re M.I.
green
1 sentence2021ANALYSIS ¶ 45 A. Fitness Finding ¶ 46 Section 2-29 of the Juvenile Court Act of 1987 (705 ILCS 405/2-29(2) (West 2018)) “sets forth a two-step process for the involuntary termination of parental rights.” In re M.I., 2016 IL 120232 , ¶ 20. | 1 | 2021–2021 |
People v. Coleman
green
1 sentence2014People v. Coleman, 2013 IL 113307, ¶ 96 . | 1 | 2014–2014 |
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.