operative inquiry (Illinois) · Go Syfert
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operative inquiry in Illinois

19 Illinois opinions name it 2 courts 1981–2025 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 (5)

CaseFollowedCited
District of Columbia v. Hellergreen
scotus · 2008 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010See Heller, 554 U.S. at 592 , 171 L.

2010See Heller, 554 U.S. at 592 , 171 L.

22
People v. Pendletongreen
ill · 2006 · cited in 2 Illinois opinions naming this issue, 2022–2025
2 sentences

2025At the second stage of the proceedings, if the allegations in the petition, as supported by the record or accompanying affidavits, have made a substantial showing of a constitutional violation, the postconviction proceedings advance to a third-stage evidentiary hearing. 725 ILCS 5/122-6 (West 2022); Pendleton, 223 Ill. 2d at 472-73 . 4 At the second stage, the operative inquiry is whether the facts pled by defendant, if proven true at an evidentiary hearing, would entitle him to relief.

2022People v. Pendleton, 223 Ill. 2d 458, 473 (2006). 4 The operative inquiry at this stage is whether the facts pled by a defendant, if proven true at an evidentiary hearing, would entitle him to relief.

12
People v. Younggreen
ill · 1988 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See People v. Young, 124 Ill. 2d 147, 152 (1988).

11
People v. Scottgreen
ill · 1999 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020There was no discussion of any sort with defendant or with counsel about the written waiver, as the waiver was apparently filed after the proceedings had ended. ¶ 15 In People v. Scott, 186 Ill. 2d 283, 284 (1999), our supreme court held that a written waiver alone does not constitute a valid jury waiver.

11
People v. Braceygreen
ill · 2004 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020The operative inquiry for a court of review is whether the record, including any admonishments and written waiver, “establishes that defendant knew the difference between a bench trial and a jury trial and voluntarily chose the former.” Bannister, 232 Ill. 2d at 71 ; People v. Bracey, 213 Ill. 2d 265, 271 (2004). ¶ 14 In the present case, defendant filed a jury waiver indicating that her waiver of the right to a jury was being done “knowingly and understandingly.” While the court accepted that waiver, it did so without any sort of admonitions to defendant regarding the nature of a jury trial o

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 (13)

CaseCitedYears
People v. Domagala green
ill · 2013
2 sentences

2025People v. Domagala, 2013 IL 113688, ¶ 35 . ¶ 11 Here, defendant only argues that the petition should be advanced to the third stage for an evidentiary hearing because the court “committed plain error” by failing to admonish the jury to not communicate with anyone while viewing the exhibits.

2022Domagala, 2013 IL 113688, ¶ 35 .

32022–2025
In re Estate of Walsh green
illappct · 2012
2 sentences

2017Franciscan Sisters, 95 Ill. 2d at 466 , 448 N.E.2d at 878 ; Walsh, 2012 IL App (2d) 110938, ¶ 59 , 972 N.E.2d 248 .

2017Franciscan Sisters, 95 Ill. 2d at 466 , 448 N.E.2d at 878 ; Walsh, 2012 IL App (2d) 110938, ¶ 59 , 972 N.E.2d 248 .

22016–2017
Empress Casino Joliet Corp. v. Giannoulias green
ill · 2008
2 sentences

2015(Internal quotation marks omitted.) Id. at 72 .

2015(Internal quotation marks omitted.) Id. at 72 .

22015–2015
Grand Chapter, Order of the Eastern Star of the State of Illinois v. Topinka green
ill · 2015
2 sentences

2015(Internal quotation marks omitted.) [Citation.]” (Emphasis in original.) Grand Chapter, Order of the Eastern Star of the State of Illinois v. Topinka, 2015 IL 117083, ¶ 15 . -8- Thus, even if the burden caused by imposition of the surcharge falls on a group who neither benefits from the surcharge nor caused the problems to be remedied by the surcharge, the surcharge may be constitutionally valid so long as there is a rational relationship between the object of the legislation and the classification at issue. ¶ 23 The circuit court also found that section 3-5018 violates the uniformity clause b

2015(Internal quotation marks omitted.) [Citation.]” (Emphasis in original.) Grand Chapter, Order of the Eastern Star of the State of Illinois v. Topinka, 2015 IL 117083, ¶ 15 .

22015–2015
Payne v. The City of Chicago green
illappct · 2014
1 sentence

2023Payne, 2014 IL App (1st) 123010 , ¶ 32.

12023–2023
People v. Bannister green
ill · 2008
1 sentence

2020The operative inquiry for a court of review is whether the record, including any admonishments and written waiver, “establishes that defendant knew the difference between a bench trial and a jury trial and voluntarily chose the former.” Bannister, 232 Ill. 2d at 71 ; People v. Bracey, 213 Ill. 2d 265, 271 (2004). ¶ 14 In the present case, defendant filed a jury waiver indicating that her waiver of the right to a jury was being done “knowingly and understandingly.” While the court accepted that waiver, it did so without any sort of admonitions to defendant regarding the nature of a jury trial o

12020–2020
Franciscan Sisters Health Care Corp. v. Dean green
ill · 1983
2 sentences

2017Franciscan Sisters, 95 Ill. 2d at 466 , 448 N.E.2d at 878 ; Walsh, 2012 IL App (2d) 110938, ¶ 59 , 972 N.E.2d 248 .

2017Franciscan Sisters, 95 Ill. 2d at 466 , 448 N.E.2d at 878 ; Walsh, 2012 IL App (2d) 110938, ¶ 59 , 972 N.E.2d 248 .

12017–2017
Phillips v. INTER-INSURANCE EXCHANGE green
illappct · 1980
1 sentence

1995The limit of liability for medical payments stated in the Declarations as applicable to 'each person’ is the limit of the Exchange’s liability for all expenses incurred by or on behalf of each person who sustained bodily injury as a result of any one accident.’ ” Phillips, 91 Ill.

11995–1995
Idaho v. Wright green
scotus · 1990
1 sentence

1993Ed. 2d at 656 , 110 S. Ct. at 3150 .) The overall operative principle is that the relevant circumstances to be examined are those surrounding the making of the statement and which render the declarant particularly worthy of belief.

11993–1993
People v. C.H. green
illappct · 1992
1 sentence

1993(C.H., 237 Ill.

11993–1993
People v. Young neutral
illappct · 1981
1 sentence

1985The reviewing court noted the State had presented its justifications for the continuance in terms of due diligence, “the operative test for a section 103—5(c) continuance” ( 97 Ill.

11985–1985
West v. Caterpillar Tractor Company, Inc. green
fla · 1976
2 sentences

1985In West v. Caterpillar Tractor Co. (Fla. 1976), 336 So. 2d 80 , a woman, while looking into her purse, walked into the path of a grader which was traveling in reverse without an operative warning signal.

1985In West v. Caterpillar Tractor Co. (Fla. 1976), 336 So.2d 80 , a woman, while looking into her purse, walked into the path of a grader which was traveling in reverse without an operative warning signal.

11985–1985
People v. Folenga green
illappct · 1980
1 sentence

1981(See People v. Folenga (1980), 83 Ill.

11981–1981

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (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

NY 66 (1961–2024) TX 62 (1978–2026) CA 46 (1950–2025) DE 44 (2002–2026) PA 39 (1956–2026) OR 28 (1970–2026) FL 21 (1984–2026) UT 21 (1997–2026) IL 19 (1981–2025) OH 19 (1990–2023) MI 15 (1979–2026) NJ 15 (1978–2011) KY 13 (2010–2023) WA 11 (1940–2026) CT 11 (1972–2022) KS 11 (1988–2026) MA 9 (1997–2025) WI 9 (1993–2023) MO 9 (1928–2020) MD 8 (1993–2025) TN 7 (2005–2026) NE 6 (1986–2002) AR 6 (2003–2011) NM 6 (1956–2017) LA 6 (1971–2021) RI 6 (2003–2026) AZ 5 (1957–2026) GA 5 (1984–2025) ME 5 (1990–2025) AL 5 (1982–2025) IA 4 (2007–2026) DC 4 (1997–2026) VA 3 (2021–2026) NV 2 (2013–2020) AK 2 (2023–2024) CO 2 (1996–2010) WV 2 (1981–2007) SC 2 (2015–2015) NH 2 (1982–2011) ND 2 (1988–1988)

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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