failure to conduct hearing (Illinois) · Go Syfert
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failure to conduct hearing in Illinois

20 Illinois opinions name it 2 courts 1964–2026 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.

Followed or applied (9)

CaseFollowedCited
People v. Allengreen
ill · 2006 · cited in 2 Illinois opinions naming this issue, 2007–2026
2 sentences

2026See id. at 351-52 . ¶ 17 Turning to defendant’s claim of ineffective assistance of counsel, we note that as the Illinois Supreme Court explained in People v. Graham, 206 Ill. 2d 465, 476 (2003): “Ineffective assistance of counsel claims are analyzed under the test established in Strickland v. Washington, 466 U.S. 668 (1984). [Citation.] Under Strickland, a defendant must prove that defense counsel’s performance fell below an objective standard of reasonableness and that this substandard performance created a reasonable probability that, but for counsel’s errors, the result of the proceeding wo

2026See id. at 351-52 . ¶ 17 Turning to defendant’s claim of ineffective assistance of counsel, we note that as the Illinois Supreme Court explained in People v. Graham, 206 Ill. 2d 465, 476 (2003): “Ineffective assistance of counsel claims are analyzed under the test established in Strickland v. Washington, 466 U.S. 668 (1984). [Citation.] Under Strickland, a defendant must prove that defense counsel’s performance fell below an objective standard of reasonableness and that this substandard performance created a reasonable probability that, but for counsel’s errors, the result of the proceeding wo

22
People v. Staleygreen
ill · 1977 · cited in 2 Illinois opinions naming this issue, 2007–2007
2 sentences

2007See Allen, 222 Ill. 2d at 346, citing Staley, 67 Ill. 2d at 36-37 , 364 N.E.2d at 73 .

2007See Allen, 222 Ill. 2d at 346, citing Staley, 67 Ill. 2d at 36-37 , 364 N.E.2d at 73 .

22
People v. Mitchellgreen
ill · 2000 · cited in 2 Illinois opinions naming this issue, 2002–2002
2 sentences

2002See Mitchell , 189 Ill. 2d at 326-27 .

2002See Mitchell, 189 Ill. 2d at 326-27 .

22
Jackson v. Dennogreen
scotus · 1964 · cited in 2 Illinois opinions naming this issue, 1964–1969
2 sentences

1969People v. Jolliff, supra; People v. Jackson, supra; see also Jackson v. Denno, 12 L Ed2d 908, 84 S Ct 1774 ; People v. Strader, 38 Ill.2d 93 , 230 NE2d 569 ; People v. Thigpen, supra. Only one of the 4 officers present at the premises at the time the alleged confession was made testified concerning it.

1969People v. Jolliff, supra; People v. Jackson, supra; see also Jackson v. Denno, 12 L Ed2d 908, 84 S Ct 1774 ; People v. Strader, 38 Ill2d 93, 230 NE2d 569 ; People v. Thigpen, supra. Only one of the 4 officers present at the premises at the time the alleged confession was made testified concerning it.

22
People v. Roygreen
illappct · 1990 · cited in 2 Illinois opinions naming this issue, 1992–1992
2 sentences

1992However, since the trial judge is presumed to have considered only admissible evidence, he may be presumed to have considered the time, content, and circumstances under which the statement [sic] was made in determining the reliability of the statements [sic]. * * * In Roy , the failure to conduct a hearing was not held to be error even though the trial court never specifically articulated its findings as to the reliability of the statements [sic]." ( Hart, 214 Ill.App.3d at 524 , 158 Ill.Dec. 103 , 573 N.E.2d 1288 , citing People v. Roy, 201 Ill.App.3d at 183, 146 Ill.Dec. 874 , 558 N.E.2d 120

1992However, since the trial judge is presumed to have considered only admissible evidence, he may be presumed to have considered the time, content, and circumstances under which the statement [sic] was made in determining the reliability of the statements [sic]. * * * In Roy , the failure to conduct a hearing was not held to be error even though the trial court never specifically articulated its findings as to the reliability of the statements [sic]." ( Hart, 214 Ill.App.3d at 524 , 158 Ill.Dec. 103 , 573 N.E.2d 1288 , citing People v. Roy, 201 Ill.App.3d at 183, 146 Ill.Dec. 874 , 558 N.E.2d 120

12
People v. Grahamgreen
ill · 2003 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026See id. at 351-52 . ¶ 17 Turning to defendant’s claim of ineffective assistance of counsel, we note that as the Illinois Supreme Court explained in People v. Graham, 206 Ill. 2d 465, 476 (2003): “Ineffective assistance of counsel claims are analyzed under the test established in Strickland v. Washington, 466 U.S. 668 (1984). [Citation.] Under Strickland, a defendant must prove that defense counsel’s performance fell below an objective standard of reasonableness and that this substandard performance created a reasonable probability that, but for counsel’s errors, the result of the proceeding wo

11
People v. Johnsongreen
ill · 1994 · cited in 1 Illinois opinions naming this issue, 2024–2024
2 sentences

2024See People v. Johnson, 159 Ill. 2d 97, 126 , 636 N.E.2d 485, 498 (1994); People v. Moore, 207 Ill. 2d 68, 77-78 , 797 N.E.2d 631, 637 (2003).

2024See People v. Johnson, 159 Ill. 2d 97, 126 , 636 N.E.2d 485, 498 (1994); People v. Moore, 207 Ill. 2d 68, 77-78 , 797 N.E.2d 631, 637 (2003).

11
People v. Krankelgreen
ill · 1984 · cited in 1 Illinois opinions naming this issue, 2024–2024
2 sentences

2024Specifically, the State asserts defendant’s reported statement about his counsel’s performance in the PSI was insufficient to trigger an inquiry where it did “not make it clear that defense counsel did not do something they were supposed to do.” The State alternatively asserts the failure to conduct an inquiry was harmless given defendant’s claim of ineffective assistance is meritless. ¶ 11 Pursuant to People v. Krankel, 102 Ill. 2d 181, 189 , 464 N.E.2d 1045, 1049 (1984), and its progeny, when a defendant presents a trial court with a pro se posttrial claim of ineffective assistance of counse

2024Specifically, the State asserts defendant’s reported statement about his counsel’s performance in the PSI was insufficient to trigger an inquiry where it did “not make it clear that defense counsel did not do something they were supposed to do.” The State alternatively asserts the failure to conduct an inquiry was harmless given defendant’s claim of ineffective assistance is meritless. ¶ 11 Pursuant to People v. Krankel, 102 Ill. 2d 181, 189 , 464 N.E.2d 1045, 1049 (1984), and its progeny, when a defendant presents a trial court with a pro se posttrial claim of ineffective assistance of counse

11
People v. Mooregreen
ill · 2003 · cited in 1 Illinois opinions naming this issue, 2024–2024
2 sentences

2024See People v. Johnson, 159 Ill. 2d 97, 126 , 636 N.E.2d 485, 498 (1994); People v. Moore, 207 Ill. 2d 68, 77-78 , 797 N.E.2d 631, 637 (2003).

2024See People v. Johnson, 159 Ill. 2d 97, 126 , 636 N.E.2d 485, 498 (1994); People v. Moore, 207 Ill. 2d 68, 77-78 , 797 N.E.2d 631, 637 (2003).

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 (14)

CaseCitedYears
People v. Hart green
illappct · 1991
2 sentences

1993App. 3d 512 , 573 N.E.2d 1288 , also a bench trial, following Roy the appellate court said: “In Roy, the failure to conduct a hearing was not held to be error even though the trial court never specifically articulated its findings as to the reliability of the statements.

1992However, since the trial judge is presumed to have considered only admissible evidence, he may be presumed to have considered the time, content, and circumstances under which the statement [sic] was made in determining the reliability of the statements [sic]. *** In Roy, the failure to conduct a hearing was not held to be error even though the trial court never specifically articulated its findings as to the reliability of the statements [sic].” (Hart, 214 Ill.

31992–1993
People v. Patrick green
ill · 2011
2 sentences

2015Patrick, 2011 IL 111666, ¶¶ 36-37 .

2015Patrick, 2011 IL 111666, ¶¶ 36-37 .

22015–2015
People v. Jardon green
illappct · 2009
2 sentences

2011The cases cited, People v. Jardon, 393 Ill.App.3d 725 , 332 Ill.

2011The cases cited, People v. Jardon, 393 Ill.App.3d 725 , 332 Ill.

22011–2011
Strickland v. Washington green
scotus · 1984
1 sentence

2026See id. at 351-52 . ¶ 17 Turning to defendant’s claim of ineffective assistance of counsel, we note that as the Illinois Supreme Court explained in People v. Graham, 206 Ill. 2d 465, 476 (2003): “Ineffective assistance of counsel claims are analyzed under the test established in Strickland v. Washington, 466 U.S. 668 (1984). [Citation.] Under Strickland, a defendant must prove that defense counsel’s performance fell below an objective standard of reasonableness and that this substandard performance created a reasonable probability that, but for counsel’s errors, the result of the proceeding wo

12026–2026
People v. Reese green
ill · 2017
1 sentence

2024Reese, 2017 IL 120011, ¶ 48 . 4 The failure to conduct a hearing after the court becomes aware of restraints constitutes an abuse of discretion and due process violation.

12024–2024
People v. Kuntu green
ill · 1999
1 sentence

2020Id. at 161 .

12020–2020
In Re Summary Suspension of Driver's License of Trainor green
illappct · 1987
2 sentences

1991Trainor, 156 Ill.

1991App. 3d at 923 , 510 N.E.2d at 618 .) The 30-day time period was deemed mandatory and, thus, the failure to conduct the hearing within 30 days violated the defendant’s due process rights.

11991–1991
People v. Dean green
illappct · 1977
2 sentences

1979The court, however, held that violations of section 5 — 3(4) “are not jurisdictional, but rather entitle the minor to immediate release from detention.” ( 52 Ill.

1979App. 3d 383 , 367 N.E.2d 419 (1977).) In Dean, the juvenile contended that the failure to conduct a hearing on the revocation of his probation within 15 days of his detention deprived the court of jurisdiction and entitled him to a dismissal of the charge.

11979–1979
People v. Thomas neutral
illappct · 1967
2 sentences

1974This is approved procedure (People v. Thomas (1967), 88 Ill.App.2d 71 , 232 N.E.2d 259 ) and would be proper if the failure to conduct a hearing on the motion were the only trial error.

1974This is approved procedure (People v. Thomas (1967), 88 Ill.App.2d 71 , 232 N.E.2d 259 ) and would be proper if the failure to conduct a hearing on the motion were the only trial error.

11974–1974
The People v. Jolliff green
ill · 1964
1 sentence

1969People v. Jolliff, supra; People v. Jackson, supra; see also Jackson v. Denno, 12 L Ed2d 908, 84 S Ct 1774 ; People v. Strader, 38 Ill.2d 93 , 230 NE2d 569 ; People v. Thigpen, supra. Only one of the 4 officers present at the premises at the time the alleged confession was made testified concerning it.

11969–1969
The PEOPLE v. Strader green
ill · 1967
2 sentences

1969People v. Jolliff, supra; People v. Jackson, supra; see also Jackson v. Denno, 12 L Ed2d 908, 84 S Ct 1774 ; People v. Strader, 38 Ill.2d 93 , 230 NE2d 569 ; People v. Thigpen, supra. Only one of the 4 officers present at the premises at the time the alleged confession was made testified concerning it.

1969People v. Jolliff, supra; People v. Jackson, supra; see also Jackson v. Denno, 12 L Ed2d 908, 84 S Ct 1774 ; People v. Strader, 38 Ill2d 93, 230 NE2d 569 ; People v. Thigpen, supra. Only one of the 4 officers present at the premises at the time the alleged confession was made testified concerning it.

11969–1969
The PEOPLE v. Thigpen green
ill · 1966
1 sentence

1969People v. Jolliff, supra; People v. Jackson, supra; see also Jackson v. Denno, 12 L Ed2d 908, 84 S Ct 1774 ; People v. Strader, 38 Ill2d 93, 230 NE2d 569 ; People v. Thigpen, supra. Only one of the 4 officers present at the premises at the time the alleged confession was made testified concerning it.

11969–1969
The People v. Wright green
ill · 1964
2 sentences

1964See Jackson v. Denno, (U.S.) 12 L. ed. 2d 908, 84 S. Ct. 1774 ; People v. Wright, 30 Ill.2d 519 ; People v. Beattie, 31 Ill.2d 257 .

1964See Jackson v. Denno, (U.S.) 12 L.ed.2d 908, 84 S.Ct. 1774 ; People v. Wright, 30 Ill.2d 519 ; People v. Beattie, 31 Ill.2d 257 .

11964–1964
The PEOPLE v. Beattie green
ill · 1964
2 sentences

1964See Jackson v. Denno, (U.S.) 12 L. ed. 2d 908, 84 S. Ct. 1774 ; People v. Wright, 30 Ill.2d 519 ; People v. Beattie, 31 Ill.2d 257 .

1964See Jackson v. Denno, (U.S.) 12 L.ed.2d 908, 84 S.Ct. 1774 ; People v. Wright, 30 Ill.2d 519 ; People v. Beattie, 31 Ill.2d 257 .

11964–1964

Where else courts name it

IL 20 (1964–2026) AL 20 (1986–2024) TX 13 (1992–2026) FL 13 (1985–2022) CA 10 (1987–2021) OH 9 (1998–2026) OR 4 (1943–2023) TN 4 (2004–2016) PA 4 (2016–2018) MS 4 (2007–2022) GA 3 (1984–2018) NC 2 (2006–2007) AZ 2 (2004–2021) LA 2 (1984–2000) HI 2 (1980–2021)

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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