22 Illinois opinions name it 2 courts 1983–2024 3 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. Scottgreen2 sentences2008Scott, 186 Ill. 2d at 284 (holding that a written waiver alone is an invalid waiver). 2008Scott, 186 Ill. 2d at 284 (holding that a written waiver alone is an invalid waiver). | 2 | 2 |
Hernandez v. Fahnergreen2 sentences2004App. 3d at 1047-48 (agency’s adoption of a policy whereby it adjudicated grain quality disputes among producers, dealers, and warehouses constituted an invalid rule and, therefore, complaining party was entitled to reasonable attorney fees); Hernandez v. Fahner, 135 Ill. 2004App. 3d at 1047-48 (agency's adoption of a policy whereby it adjudicated grain quality disputes among producers, dealers, and warehouses constituted an invalid rule and, therefore, complaining party was entitled to reasonable attorney fees); Hernandez v. Fahner , 135 Ill. | 2 | 2 |
United States v. Gonzalez-Lopezgreen2 sentences2024See United States v. Gonzalez-Lopez, 548 U.S. 140, 149 (2006) (“Such [structural] errors include denial of counsel ***.” (citing Gideon, 372 U.S. 335 ); United States v. Allen, 895 F.2d 1577, 1580 (10th Cir. 1990) (“Acceptance of an invalid waiver in violation of a defendant’s Sixth Amendment rights necessarily leaves him entirely without the assistance of counsel at trial.” (Internal quotation marks omitted.)). 2024See Allen, 895 F.2d at 1580 (“Acceptance of an invalid waiver in violation of a defendant’s Sixth Amendment rights necessarily leaves him entirely without the assistance of counsel at trial.” (Internal quotation marks omitted.)); Gonzalez-Lopez, 548 U.S. at 149 . | 1 | 1 |
Sullivan v. Louisianagreen1 sentence2024In Gonzalez-Lopez, 548 U.S. at 150 , the United States Supreme Court held that the “erroneous deprivation of the right to counsel of choice, ‘with consequences that are necessarily unquantifiable and indeterminate, unquestionably qualifies as “structural error.” ’ ” (quoting Sullivan v. Louisiana, 508 U.S. 275, 282 (1993)). ¶ 131 I would find that the circuit court deprived Ratliff of counsel by failing to admonish Ratliff about his right to counsel pursuant to Rule 401(a), thereby causing Ratliff to be left without counsel at critical stages of the criminal proceedings: during the jury select | 1 | 1 |
Gideon v. Wainwrightgreen1 sentence2024See United States v. Gonzalez-Lopez, 548 U.S. 140, 149 (2006) (“Such [structural] errors include denial of counsel ***.” (citing Gideon, 372 U.S. 335 ); United States v. Allen, 895 F.2d 1577, 1580 (10th Cir. 1990) (“Acceptance of an invalid waiver in violation of a defendant’s Sixth Amendment rights necessarily leaves him entirely without the assistance of counsel at trial.” (Internal quotation marks omitted.)). | 1 | 1 |
United States v. Lewis D. Allengreen2 sentences2024See United States v. Gonzalez-Lopez, 548 U.S. 140, 149 (2006) (“Such [structural] errors include denial of counsel ***.” (citing Gideon, 372 U.S. 335 ); United States v. Allen, 895 F.2d 1577, 1580 (10th Cir. 1990) (“Acceptance of an invalid waiver in violation of a defendant’s Sixth Amendment rights necessarily leaves him entirely without the assistance of counsel at trial.” (Internal quotation marks omitted.)). 2024See Allen, 895 F.2d at 1580 (“Acceptance of an invalid waiver in violation of a defendant’s Sixth Amendment rights necessarily leaves him entirely without the assistance of counsel at trial.” (Internal quotation marks omitted.)); Gonzalez-Lopez, 548 U.S. at 149 . | 1 | 1 |
People v. Vernongreen1 sentence2022See People v. 6 Vernon, 396 Ill. | 1 | 1 |
In Re RABgreen1 sentence2022Id. at 811 (quoting In re R.A.B., 197 Ill. 2d 358, 363 (2001)). | 1 | 1 |
People v. Smithgreen2 sentences2012Id. at 770 , 146 Ill.Dec. 516 , 558 N.E.2d 479 ; see also People v. Smith, 176 Ill.App.3d 132, 139 , 125 Ill.Dec. 695 , 530 N.E.2d 1104 (1988) ("[A] per se disqualification is based on the invalid presumption that public defenders are unable to subordinate office allegiances to the foremost obligation owed to their clients."). ¶ 40 Here, the Conflicts II unit of the public defender's office represented the mother in a previous juvenile proceeding that was closed in 2003. 2012Id. at 770 , 146 Ill.Dec. 516 , 558 N.E.2d 479 ; see also People v. Smith, 176 Ill.App.3d 132, 139 , 125 Ill.Dec. 695 , 530 N.E.2d 1104 (1988) ("[A] per se disqualification is based on the invalid presumption that public defenders are unable to subordinate office allegiances to the foremost obligation owed to their clients."). ¶ 40 Here, the Conflicts II unit of the public defender's office represented the mother in a previous juvenile proceeding that was closed in 2003. | 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. Lewis
green
2 sentences2019However, “[t]he first step of plain-error review is to determine whether any error occurred.” Id. 2018However, "[t]he first step of plain-error review is to determine whether any error occurred." Id. | 4 | 2016–2019 |
Sutton v. Edgar
green
2 sentences2005Sutton , 147 Ill. 2005Sutton, 147 Ill. | 2 | 2005–2005 |
Strickland v. Washington
green
2 sentences2000Although pursuing an invalid defense may be proper strategy when the defendant consents to the strategy, defendant argues that the record here does not show his consent. • A defendant raising an ineffective assistance of counsel claim must meet the two-part test of Strickland v. Washington, 466 U.S. 668 , 80 L. 2000Although pursuing an invalid defense may be proper strategy when the defendant consents to the strategy, defendant argues that the record here does not show his consent. • A defendant raising an ineffective assistance of counsel claim must meet the two-part test of Strickland v. Washington, 466 U.S. 668 , 80 L. | 2 | 2000–2000 |
People v. Owens
green
1 sentence2022Id. at 811 (quoting In re R.A.B., 197 Ill. 2d 358, 363 (2001)). | 1 | 2022–2022 |
People v. Vaughn
green
2 sentences2012Id. at 770 , 146 Ill.Dec. 516 , 558 N.E.2d 479 ; see also People v. Smith, 176 Ill.App.3d 132, 139 , 125 Ill.Dec. 695 , 530 N.E.2d 1104 (1988) ("[A] per se disqualification is based on the invalid presumption that public defenders are unable to subordinate office allegiances to the foremost obligation owed to their clients."). ¶ 40 Here, the Conflicts II unit of the public defender's office represented the mother in a previous juvenile proceeding that was closed in 2003. 2012Id. at 770 , 146 Ill.Dec. 516 , 558 N.E.2d 479 ; see also People v. Smith, 176 Ill.App.3d 132, 139 , 125 Ill.Dec. 695 , 530 N.E.2d 1104 (1988) ("[A] per se disqualification is based on the invalid presumption that public defenders are unable to subordinate office allegiances to the foremost obligation owed to their clients."). ¶ 40 Here, the Conflicts II unit of the public defender's office represented the mother in a previous juvenile proceeding that was closed in 2003. | 1 | 2012–2012 |
People v. Matthews
green
2 sentences2005App. 3d 415 , 710 N.E.2d 524 . 1 In this case, the trial court relied on Chandler in denying defendant’s motion for a new trial on the ground of an invalid waiver of her right to a 12-person jury. 2005Matthews, 304 Ill.App.3d 415 , 237 Ill.Dec. 894 , 710 N.E.2d 524 . [1] *620 In this case, the trial court relied on Chandler in denying defendant's motion for a new trial on the ground of an invalid waiver of her right to a 12-person jury. | 1 | 2005–2005 |
People v. Solis
green
1 sentence1993This argument is based upon the invalid presumption that death is not a form of bodily harm and that one may intend to kill another without intending to inflict bodily harm.” Solis, 216 Ill. | 1 | 1993–1993 |
Bagwell v. Industrial Commission
green
1 sentence1990The supreme court also held that Celotex had no duty to resubmit information that it had already furnished and certified as current: “The permit can be denied only if the information was not already submitted and certified as current, and only if without the information the application was insufficient to show compliance with rules of the Board other than those which were invalidated.” ( 94 Ill. 2d at 128 .) No distinction was made between an original operating permit application and a renewal application. | 1 | 1990–1990 |
Landfill, Inc. v. Pollution Control Board
green
2 sentences1989Bio-Medical Laboratories, Inc., 68 Ill. 2d 540 , 370 N.E.2d 223 ; Landfill, Inc. v. Pollution Control Board (1978), 74 Ill. 2d 541 , 387 N.E.2d 258 . 1989Bio-Medical Laboratories, Inc., 68 Ill. 2d 540 , 370 N.E.2d 223 ; Landfill, Inc. v. Pollution Control Board (1978), 74 Ill. 2d 541 , 387 N.E.2d 258 . | 1 | 1989–1989 |
Bio-Medical Laboratories, Inc. v. Trainor
green
2 sentences1989Bio-Medical Laboratories, Inc., 68 Ill. 2d 540 , 370 N.E.2d 223 ; Landfill, Inc. v. Pollution Control Board (1978), 74 Ill. 2d 541 , 387 N.E.2d 258 . 1989Bio-Medical Laboratories, Inc., 68 Ill. 2d 540 , 370 N.E.2d 223 ; Landfill, Inc. v. Pollution Control Board (1978), 74 Ill. 2d 541 , 387 N.E.2d 258 . | 1 | 1989–1989 |
People v. Banks
green
2 sentences1988(Banks, 121 Ill. 2d at 46 , 520 N.E .2d at 622 (Clark, C.J., specially concurring).) The adoption of such an approach, the court reasoned, is necessary because a per se disqualification is based on the invalid presumption that public defenders are unable to subordinate office allegiances to the foremost obligation owed to their clients. 1988Banks, 121 Ill. 2d at 43 , 520 N.E .2d at 620. | 1 | 1988–1988 |
United States Steel Corp. v. Pollution Control Board
neutral
1 sentence1983The Agency also argues that the reasonableness of Rule 202(b) was established in United States Steel Corp. v. Pollution Control Board (1978), 64 Ill. | 1 | 1983–1983 |
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.