hybrid standard (Illinois) · Go Syfert
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hybrid standard in Illinois

20 Illinois opinions name it 2 courts 1981–2026 5 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. Smithgreen
ill · 2000 · cited in 2 Illinois opinions naming this issue, 2023–2025
2 sentences

2025“Typically, review of a claim of ineffective assistance of counsel involves a mixed question of law and fact, and therefore, a hybrid standard of review would apply.” People v. Phillips, 2017 IL App (4th) 160557 , ¶ 55. ¶ 25 “To establish a claim of ineffective assistance of counsel, a defendant must prove both deficient performance and prejudice.” People v. Smith, 195 Ill. 2d 179, 187-88 (2000).

2023“Typically, review of a claim of ineffective assistance of counsel involves a mixed question of law and fact, and therefore, a hybrid standard of review would apply.” People v. Phillips, 2017 IL App (4th) 160557 , ¶ 55. ¶ 15 “To establish a claim of ineffective assistance of counsel, a defendant must prove both deficient performance and prejudice.” People v. Smith, 195 Ill. 2d 179, 187-88 (2000).

22
People v. Colemangreen
illappct · 2015 · cited in 4 Illinois opinions naming this issue, 2017–2026
2 sentences

2026Cassian Coleman, 2015 IL App (4th) 131045, ¶ 66 .

2025See People v. Phillips, 2017 IL App (4th) 160557, ¶ 55 (citing People v. Coleman, 2015 IL App (4th) 131045, ¶ 66 ).

14
People v. Phillipsgreen
illappct · 2017 · cited in 4 Illinois opinions naming this issue, 2023–2025
2 sentences

2025“Typically, review of a claim of ineffective assistance of counsel involves a mixed question of law and fact, and therefore, a hybrid standard of review would apply.” People v. Phillips, 2017 IL App (4th) 160557 , ¶ 55. ¶ 25 “To establish a claim of ineffective assistance of counsel, a defendant must prove both deficient performance and prejudice.” People v. Smith, 195 Ill. 2d 179, 187-88 (2000).

2023“Typically, review of a claim of ineffective assistance of counsel involves a mixed question of law and fact, and therefore, a hybrid standard of review would apply.” People v. Phillips, 2017 IL App (4th) 160557 , ¶ 55. ¶ 15 “To establish a claim of ineffective assistance of counsel, a defendant must prove both deficient performance and prejudice.” People v. Smith, 195 Ill. 2d 179, 187-88 (2000).

14
Wagner v. City of Chicagogreen
ill · 1995 · cited in 2 Illinois opinions naming this issue, 2018–2019
2 sentences

2019By the majority’s own definitions, then, section 3-102 must be at least a hybrid immunity provision. ¶ 65 The only case cited by the majority for the view that section 3-102 does no more than codify the common-law duty and provides no immunity is Wagner v. City of Chicago, 166 Ill. 2d 144, 152 (1995), which stated the following: “[T]he purpose of section 3-102(a) is not to grant defenses and immunities.

2018By the majority's own definitions, then, section 3-102 must be at least a hybrid immunity provision. ¶ 65 The only case cited by the majority for the view that section 3-102 does no more than codify the common-law duty and provides no immunity is Wagner v. City of Chicago , 166 Ill. 2d 144 , 152, 209 Ill.Dec. 672 , 651 N.E.2d 1120 (1995), which stated the following: "[T]he purpose of section 3-102(a) is not to grant defenses and immunities.

12
People v. Petergreen
ill · 1973 · cited in 2 Illinois opinions naming this issue, 2017–2018
2 sentences

2018Under that scenario, a defendant would have to demonstrate not only that the evidence was closely balanced but also that the error was so substantial—as opposed to de minimis—that it may have affected the verdict. ¶ 65 After reminding us that “[a] defendant is not entitled to an error-free trial and few trials are free from error” (People v. Peter, 55 Ill. 2d 443, 447 (1973)), the State catalogs certain trivial errors that “could not possibly impact the outcome of the case,” including a typographical mistake in a jury instruction.

2017Under that scenario, a defendant would have to demonstrate not only that the evidence was closely balanced but also that the error was so substantial-as opposed to de minimis -that it may have affected the verdict. ¶ 65 After reminding us that "[a] defendant is not entitled to an error-free trial and few trials are free from error" ( People v. Peter , 55 Ill.2d 443 , 447, 303 N.E.2d 398 (1973) ), the State catalogs certain trivial errors that "could not possibly impact the outcome of the case," including a typographical mistake in a jury instruction.

12
People v. Palmergreen
ill · 1994 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025“Counsel’s performance is measured by an objective standard of competence under prevailing professional norms.” Id. at 188 . “[E]ffective assistance of counsel refers to competent, not perfect, representation.” People v. Palmer, 162 Ill. 2d 465, 476 (1994).

11
People v. Davisgreen
illappct · 2004 · cited in 1 Illinois opinions naming this issue, 2015–2015
1 sentence

2015In reliance on that discussion in Strickland, the appellate court repeatedly has held that claims of ineffective assistance call for a hybrid standard of review: “Whether counsel provided ineffective assistance is a mixed question of fact and law. [Citation.] Therefore, we defer to the trial court’s findings of fact, but we make an independent judgment about the ultimate legal issue. [Citation.] We review de novo whether counsel’s omission supports an ineffective assistance claim. [Citation.]” People v. Davis, 353 Ill.

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 (6)

CaseCitedYears
Smith v. MARVIN, MD green
illappct · 2007
2 sentences

2008In Smith, the appellate court considered a similar hybrid instruction, that combined the 2005 and 2006 versions of IPI Civil No. 105.01 and also used “reasonably well-qualified” instead of “reasonably careful.” Smith, 377 Ill.

2008In Smith, the appellate court considered a similar hybrid instruction, that combined the 2005 and 2006 versions of IPI Civil No. 105.01 and also used “reasonably well-qualified” instead of “reasonably careful.” Smith, 377 Ill.

42008–2008
Nassar v. County of Cook green
illappct · 2002
2 sentences

2005"Each party has the right to have the jury clearly and fairly instructed upon each theory that was supported by the evidence." Nassar v. County of Cook , 333 Ill.

2005“Each party has the right to have the jury clearly and fairly instructed upon each theory that was supported by the evidence.” Nassar v. County of Cook, 333 Ill.

22005–2005
People v. Reed green
illappct · 2015
1 sentence

2023“Counsel’s performance is measured by an objective standard of competence under prevailing professional norms.” Id. at 188 . “[T]he effectiveness of *** counsel must be assessed against an objective standard of reasonableness from the perspective of the time of the alleged error and without hindsight.” People v. Reed, 2014 IL App (1st) 122610 , ¶ 66.

12023–2023
People v. Fierer green
ill · 1988
2 sentences

1991(Fierer, 124 Ill. 2d at 186 .) The Fierer court also concluded that the error was not harmless since the incorrect instruction might have affected the outcome. ( 124 Ill. 2d at 187-88 .) In Austin, the trial court’s refusal to tender a voluntary manslaughter/provocation instruction was ruled proper since there was no evidence presented of mutual combat.

1991(Fierer, 124 Ill. 2d at 186 .) The Fierer court also concluded that the error was not harmless since the incorrect instruction might have affected the outcome. ( 124 Ill. 2d at 187-88 .) In Austin, the trial court’s refusal to tender a voluntary manslaughter/provocation instruction was ruled proper since there was no evidence presented of mutual combat.

11991–1991
People v. Harris green
ill · 1989
1 sentence

1991There was a hybrid instruction unlike the Reddick instructions given in Harris ( 132 Ill. 2d at 395 ), and guilty but mentally ill instructions misstating the statute given in Fierer.

11991–1991
People v. Brady green
illappct · 1972
1 sentence

1981App.3d 404 , 287 N.E.2d 537 . • 2 In the case at bar, the court continued the adjudicatory hearing and then held a hybrid hearing, not contemplated by the Act, after which it made decisions as to both adjudication and disposition.

11981–1981

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (5)

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

TX 111 (1994–2026) CA 86 (1977–2026) IL 20 (1981–2026) FL 20 (1977–2025) OH 12 (1999–2023) NM 10 (1991–2017) NJ 10 (1995–2023) CT 7 (1954–2024) MI 7 (2006–2021) PA 6 (1984–2022) IA 6 (2010–2022) AK 6 (1979–2019) WI 6 (2015–2024) IN 5 (1980–2001) WA 5 (1993–2011) MD 4 (1971–2010) NY 4 (1980–2020) MN 4 (2004–2012) VA 3 (2007–2021) MS 3 (1977–2025) UT 3 (1996–2019) AZ 3 (1994–2006) CO 3 (2010–2018) DE 2 (2018–2018) ID 2 (1983–1993) TN 2 (1996–1998) NV 2 (2011–2019) RI 2 (2006–2020) LA 2 (1996–2000) GA 2 (2019–2019)

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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