first element test (Illinois) · Go Syfert
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first element test in Illinois

19 Illinois opinions name it 2 courts 1987–2025 8 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. Burtgreen
ill · 2001 · cited in 2 Illinois opinions naming this issue, 2024–2025
2 sentences

2025See People v. Burt, 205 Ill. 2d 28, 47 (2001) (the Illinois Supreme Court rejected the defendant’s Brady claim because the defendant did not satisfy the first element of the test since the suppressed evidence was not exculpatory).

2024See People v. Burt, 205 Ill. 2d 28, 47 (2001) (the Illinois Supreme Court rejected the defendant’s Brady claim because the defendant did not satisfy the first element of the test since the suppressed evidence was not exculpatory).

22
Connick v. Suzuki Motor Co., Ltd.green
ill · 1996 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015Plaintiffs suffered damages as a direct and proximate result of the fraudulent concealment alleged. ¶ 59 In Connick v. Suzuki Motor Co., 174 Ill. 2d 482, 500 (1996), the supreme court stated that, under the first element of a claim for fraudulent concealment, a duty to speak arises if the plaintiff and the defendant are in a fiduciary or confidential relationship.

2015Plaintiffs suffered damages as a direct and proximate result of the fraudulent concealment alleged. ¶ 59 In Connick v. Suzuki Motor Co., 174 Ill. 2d 482, 500 (1996), the supreme court stated that, under the first element of a claim for fraudulent concealment, a duty to speak arises if the plaintiff and the defendant are in a fiduciary or confidential relationship.

22
Strickland v. Washingtongreen
scotus · 1984 · cited in 5 Illinois opinions naming this issue, 1989–2022
2 sentences

2022See Strickland v. Washington, 466 U.S. 668, 687 (1984) (explaining that the first element of a claim of ineffective assistance is that “counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment [(U.S. Const., amend.

1991Ed. 2d 674, 699 , 104 S. Ct. 2052, 2069-70 .” (Albanese, 104 Ill. 2d at 527 .) “As to the first element of the standard, there is a strong presumption that the challenged action of counsel was the product of sound trial strategy and not of incompetence.” People v. Barrow (1989), 133 Ill. 2d 226, 247 .

15
Feltmeier v. Feltmeiergreen
ill · 2003 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See Feltmeier, 207 Ill. 2d at 268 (all three elements are necessary); Schiller, 357 Ill.

11
In re Julie M.green
ill · 2021 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022In re Julie M., 2021 IL 125768, ¶ 22 (citing In re Benny M., 2017 IL 120133 , ¶¶ 19- 20). ¶ 21 In this case, the first element of the exception for issues capable of repetition yet evading review has been met because the 90-day duration of the involuntary treatment order was too brief to allow appellate review.

11
In Re Alfred HHgreen
ill · 2009 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022See In re Alfred H.H., 233 Ill. 2d 345, 358 (2009).

11
People v. Pecogreen
illappct · 2004 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022VI)]”); People v. Edwards, 195 Ill. 2d 142, 163-64 (2001); People v. Peco, 345 Ill.

11
People v. Edwardsgreen
ill · 2001 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022VI)]”); People v. Edwards, 195 Ill. 2d 142, 163-64 (2001); People v. Peco, 345 Ill.

11
Warden, Maryland Penitentiary v. Haydengreen
scotus · 1967 · cited in 1 Illinois opinions naming this issue, 1992–1992
2 sentences

1992See Warden v. Hayden (1967), 387 U.S. 294, 298-99 , 18 L.

1992See Warden v. Hayden (1967), 387 U.S. 294, 298-99 , 18 L.

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
WINGO BY WINGO v. Rockford Memorial Hosp. green
illappct · 1997
1 sentence

2025The various acts regulating the health professions [citations] provide for different training, and regulate the treatment each profession may offer. *** In its wisdom, the legislature has recognized a fundamental tenet of contemporary life: no one person, group or school has yet succeeded in abstracting a universal medical method from the many changing methods used in science and medicine.” ¶ 40 However, in Wingo, 292 Ill.

12025–2025
Green v. Rogers green
ill · 2009
1 sentence

2025Green, 234 Ill. 2d at 491 .

12025–2025
Schiller v. Mitchell green
illappct · 2005
1 sentence

2023See Feltmeier, 207 Ill. 2d at 268 (all three elements are necessary); Schiller, 357 Ill.

12023–2023
People v. Benny M. (In Re Benny M.) green
ill · 2017
1 sentence

2022In re Julie M., 2021 IL 125768, ¶ 22 (citing In re Benny M., 2017 IL 120133 , ¶¶ 19- 20). ¶ 21 In this case, the first element of the exception for issues capable of repetition yet evading review has been met because the 90-day duration of the involuntary treatment order was too brief to allow appellate review.

12022–2022
Pack v. Maslikiewicz green
illappct · 2019
1 sentence

2022Justifiable Reliance ¶ 90 “As part of its fraud claim, a plaintiff must show that its reliance on the misrepresentation was justified.” Pack v. Maslikiewicz, 2019 IL App (1st) 182447, ¶ 105 .

12022–2022
Schillerstrom Homes, Inc. v. City of Naperville green
ill · 2001
1 sentence

2013Id.

12013–2013
Zamouski v. Gerrard green
illappct · 1971
1 sentence

1993App. 3d 890 , 275 N.E.2d 429 .) Because we have determined that plaintiff had no contractual right to evaluation or grievance procedures beyond those he received, and that he had no expectation of tenure at the time at vzhich he was discharged, the first element of his claim for tortious interference with contractual rights is absent.

11993–1993
People v. Barrow green
ill · 1989
1 sentence

1991Ed. 2d 674, 699 , 104 S. Ct. 2052, 2069-70 .” (Albanese, 104 Ill. 2d at 527 .) “As to the first element of the standard, there is a strong presumption that the challenged action of counsel was the product of sound trial strategy and not of incompetence.” People v. Barrow (1989), 133 Ill. 2d 226, 247 .

11991–1991
People v. Albanese green
ill · 1984
1 sentence

1991Ed. 2d 674, 699 , 104 S. Ct. 2052, 2069-70 .” (Albanese, 104 Ill. 2d at 527 .) “As to the first element of the standard, there is a strong presumption that the challenged action of counsel was the product of sound trial strategy and not of incompetence.” People v. Barrow (1989), 133 Ill. 2d 226, 247 .

11991–1991
People v. Shum green
ill · 1987
2 sentences

1990(People v. Shum (1987), 117 Ill. 2d 317, 369-70 , 512 N.E.2d 1183 .) Regarding the first element of this test, an alleged incompetency arising from a matter of tactics or strategy will not support a claim of ineffective representation.

1990(People v. Shum (1987), 117 Ill. 2d 317, 369-70 , 512 N.E.2d 1183 .) Regarding the first element of this test, an alleged incompetency arising from a matter of tactics or strategy will not support a claim of ineffective representation.

11990–1990
People v. Haywood green
ill · 1980
2 sentences

1987As to the first element of the test, this court has held that alleged incompetency arising from a matter of trial tactics or strategy will not support a claim of ineffective representation ( People v. Haywood (1980), 82 Ill.2d 540, 543-44 ), even in a death penalty case ( People v. Madej (1985), 106 Ill.2d 201, 214 ).

1987As to the first element of the test, this court has held that alleged incompetency arising from a matter of trial tactics or strategy will not support a claim of ineffective representation (People v. Haywood (1980), 82 Ill. 2d 540, 543-44 ), even in a death penalty case (People v. Madej (1985), 106 Ill. 2d 201, 214 ).

11987–1987
People v. Madej green
ill · 1985
2 sentences

1987As to the first element of the test, this court has held that alleged incompetency arising from a matter of trial tactics or strategy will not support a claim of ineffective representation ( People v. Haywood (1980), 82 Ill.2d 540, 543-44 ), even in a death penalty case ( People v. Madej (1985), 106 Ill.2d 201, 214 ).

1987As to the first element of the test, this court has held that alleged incompetency arising from a matter of trial tactics or strategy will not support a claim of ineffective representation (People v. Haywood (1980), 82 Ill. 2d 540, 543-44 ), even in a death penalty case (People v. Madej (1985), 106 Ill. 2d 201, 214 ).

11987–1987
People v. Lewis green
ill · 1984
1 sentence

1987Furthermore, we have held that the failure to offer evidence in mitigation does not, in and of itself, demonstrate incompetence. ( People v. Lewis (1984), 105 Ill.2d 226, 249 ; People v. Kubat (1983), 94 Ill.2d 437, 488 .) We find therefore that the defendant has failed to demonstrate representation which falls below an objective standard of reasonableness.

11987–1987
People v. Kubat green
ill · 1983
1 sentence

1987Furthermore, we have held that the failure to offer evidence in mitigation does not, in and of itself, demonstrate incompetence. ( People v. Lewis (1984), 105 Ill.2d 226, 249 ; People v. Kubat (1983), 94 Ill.2d 437, 488 .) We find therefore that the defendant has failed to demonstrate representation which falls below an objective standard of reasonableness.

11987–1987

Statutes the citing opinions construe

IL § 735 ILCS 5/2-615 (6) IL § 725 ILCS 5/122-1 (3) IL § 735 ILCS 5/2-1005 (3) IL § 735 ILCS 5/2-619 (3)

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 56 (1990–2025) CA 23 (1956–2025) IL 19 (1987–2025) OH 18 (2002–2025) TN 16 (1998–2019) MI 15 (2015–2025) MO 14 (1983–2024) WA 14 (1970–2019) WI 13 (1980–2025) NC 13 (1990–2025) PA 12 (1990–2026) UT 11 (1986–2026) NJ 10 (1993–2026) DE 9 (1987–2023) KS 9 (2019–2025) NY 8 (1990–2025) CO 8 (1983–2026) SD 7 (1978–2026) IA 7 (1984–2024) MA 7 (1992–2020) FL 7 (1988–2026) CT 7 (1991–2025) GA 6 (2002–2019) NM 6 (2013–2022) MN 6 (1987–2018) RI 6 (1980–2021) IN 6 (1982–2005) ID 6 (1993–2020) NE 5 (1959–2025) WV 5 (1988–2017) AR 4 (2002–2020) MT 4 (1994–2025) MS 4 (1994–2002) KY 4 (2013–2024) DC 4 (1986–2025) LA 3 (2001–2015) MD 3 (2002–2017) AL 3 (1995–2009) WY 3 (2003–2016) SC 3 (2003–2018) HI 3 (1978–2016) ME 3 (2001–2019) ND 2 (1982–2025) AZ 2 (1976–2006) OK 2 (1985–1993)

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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