post-conviction evidentiary hearing in Illinois

19 Illinois opinions name it 2 courts 1974–2025 1 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 (4)

Case	Followed	Cited
People v. Montgomerygreen ill · 1994 · cited in 2 Illinois opinions naming this issue, 2002–2002 2 sentences 2002People v. Montgomery, 162 Ill. 2d 109, 113 (1994). 2002People v. Montgomery, 162 Ill.2d 109, 113 , 205 Ill.Dec. 143 , 642 N.E.2d 1260 (1994).	2	2
People v. Nealgreen ill · 1997 · cited in 2 Illinois opinions naming this issue, 2000–2000 2 sentences 2000See Neal, 179 Ill. 2d at 554 (finding situation at bar “directly analogous to that present in Burgess”). 2000See Neal, 179 Ill.2d at 554 , 228 Ill.Dec. 619 , 689 N.E.2d 1040 (finding situation at bar "directly analogous to that present in Burgess ").	2	2
People v. Perezgreen ill · 1992 · cited in 2 Illinois opinions naming this issue, 1997–1997 2 sentences 1997In People v. Perez, 148 Ill. 2d 168 (1992), the defendant received a post-conviction evidentiary hearing wherein he claimed, inter alla, that he had received ineffective assistance of counsel at his capital sentencing hearing due to his counsel’s failure to investigate mitigation evidence about his family and to introduce mitigating evidence counsel possessed. 1997In People v. Perez , 148 Ill. 2d 168 (1992), the defendant received a post-conviction evidentiary hearing wherein he claimed, inter alia , that he had received ineffective assistance of counsel at his capital sentencing hearing due to his counsel's failure to investigate mitigation evidence about his family and to introduce mitigating evidence counsel possessed.	2	2
People v. Colemangreen ill · 2002 · cited in 1 Illinois opinions naming this issue, 2025–2025 1 sentence 2025“We note that the circuit court has wide discretion to limit the type of evidence it will admit at a post-conviction evidentiary hearing.” People v. Coleman, 206 Ill. 2d 261, 278 (2002).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (13)

Case	Cited	Years
People v. Coleman green ill · 1998 2 sentences 2003People v. Coleman , 183 Ill. 2d 366 , 701 N.E.2d 1063 (1998) ( Coleman ). 2003People v. Coleman , 183 Ill. 2d 366 , 701 N.E.2d 1063 (1998) ( Coleman ).	3	1999–2003
People v. Sanders green ill · 2016 2 sentences 2016Id. ¶ 26 The appellate court affirmed the circuit court's grant of the motion to dismiss the petition, noting the circuit court had "heard Bingham's full testimony at a post-conviction evidentiary hearing and found it unreliable and untrustworthy." People v. Sanders, 2014 IL App (1st) 111783 , & 22. 2016Id. ¶ 26 The appellate court affirmed the circuit court's grant of the motion to dismiss the petition, noting the circuit court had "heard Bingham's full testimony at a post-conviction evidentiary hearing and found it unreliable and untrustworthy." People v. Sanders, 2014 IL App (1st) 111783 , & 22.	2	2016–2016
People v. Sanders green illappct · 2014 2 sentences 2016Id. ¶ 26 The appellate court affirmed the circuit court's grant of the motion to dismiss the petition, noting the circuit court had "heard Bingham's full testimony at a post-conviction evidentiary hearing and found it unreliable and untrustworthy." People v. Sanders, 2014 IL App (1st) 111783 , & 22. 2016Id. ¶ 26 The appellate court affirmed the circuit court's grant of the motion to dismiss the petition, noting the circuit court had "heard Bingham's full testimony at a post-conviction evidentiary hearing and found it unreliable and untrustworthy." People v. Sanders, 2014 IL App (1st) 111783 , & 22.	2	2016–2016
People v. Almodovar green illappct · 1992 2 sentences 2001People v. Almodovar , 235 Ill. 1994App. 3d 48, 51 .) Further, although a dispute as to trial tactics rarely is sufficient to support a claim of ineffective assistance of counsel at trial, a court should hold a post-conviction evidentiary hearing if those tactics "clearly may have denied a defendant a fundamental constitutional right.” (People v. Almodovar (1992), 235 Ill.	2	1994–2001
People v. Partee green illappct · 1994 1 sentence 1995App. 3d 857 , 645 N.E.2d 414 .) It is unclear from their arguments, however, whether a Batson hearing was conducted within the post-conviction evidentiary hearing.	1	1995–1995
People v. Ford green illappct · 1981 1 sentence 1994People v. Ford (1981), 99 Ill.	1	1994–1994
People v. Williams green ill · 1991 2 sentences 1993(See People v. Williams (1991), 147 Ill. 2d 173, 258 , 588 N.E.2d 983, 1018 .) Given the record in this case, we can only presume defense counsel made a strategic choice not to present any evidence in mitigation. 1993(See People v. Williams (1991), 147 Ill. 2d 173, 258 , 588 N.E.2d 983, 1018 .) Given the record in this case, we can only presume defense counsel made a strategic choice not to present any evidence in mitigation.	1	1993–1993
People v. Downey green illappct · 1990 1 sentence 1992(Downey, 198 Ill.	1	1992–1992
People v. Del Vecchio green ill · 1989 2 sentences 1992(People v. Del Vecchio (1989), 129 Ill. 2d 265, 279 , 544 N.E.2d 312 ; People v. Hickox (1992), 229 Ill. 1992(People v. Del Vecchio (1989), 129 Ill. 2d 265, 279 , 544 N.E.2d 312 ; People v. Hickox (1992), 229 Ill.	1	1992–1992
People v. Hickox green illappct · 1992 1 sentence 1992(People v. Del Vecchio (1989), 129 Ill. 2d 265, 279 , 544 N.E.2d 312 ; People v. Hickox (1992), 229 Ill.	1	1992–1992
People v. Bracey green ill · 1972 2 sentences 1975Hence, his trial statement as a matter of law did not constitute perjured testimony; the^ allegation in the post-conviction petition that it did was a mere conelusional allegation; and the post-conviction court was correct in holding that perjury had not entered into the trial proceedings. 5 In People v. Bracey (1972), 51 Ill.2d 514 , 283 N.E.2d 685 , our supreme court held that, in order to obtain relief in a post-conviction evidentiary hearing on the grounds of trial perjury, the petitioner had the burden of establishing the use of prejured testimony by clear and convincing proof. 1975Hence, his trial statement as a matter of law did not constitute perjured testimony; the^ allegation in the post-conviction petition that it did was a mere conelusional allegation; and the post-conviction court was correct in holding that perjury had not entered into the trial proceedings. 5 In People v. Bracey (1972), 51 Ill.2d 514 , 283 N.E.2d 685 , our supreme court held that, in order to obtain relief in a post-conviction evidentiary hearing on the grounds of trial perjury, the petitioner had the burden of establishing the use of prejured testimony by clear and convincing proof.	1	1975–1975
The People v. Stoval green ill · 1968 1 sentence 1974Richardson cites the cases of People v. Stoval (1968), 40 Ill.2d 109 , and People v. Meyers (1970), 46 Ill.2d 149 .	1	1974–1974
The PEOPLE v. Meyers green ill · 1970 1 sentence 1974Richardson cites the cases of People v. Stoval (1968), 40 Ill.2d 109 , and People v. Meyers (1970), 46 Ill.2d 149 .	1	1974–1974

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (6) IL § 725 ILCS 5/122-5 (3) IL § 725 ILCS 5/122-6 (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

TN 134 (1998–2026) IL 19 (1974–2025) ID 11 (1982–2024) MO 8 (1990–2024) MN 5 (1985–2014) AL 4 (1985–2009) IN 4 (2018–2019) ND 4 (1997–2014) PA 4 (1984–2015) AZ 3 (2020–2022) OK 2 (1982–1994) OH 2 (2000–2003) FL 2 (1988–2017) NV 2 (2009–2015) AK 2 (2005–2025) TX 2 (2004–2014) MS 2 (2004–2022) MD 2 (1973–1983)

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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