res judicata can be relaxed doctrine (Illinois) · Go Syfert
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res judicata can be relaxed doctrine in Illinois

19 Illinois opinions name it 2 courts 2000–2024 4 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
People v. Pattersongreen
ill · 2000 · cited in 17 Illinois opinions naming this issue, 2006–2024
2 sentences

2022See People v. Holman, 191 Ill. 2d 204, 210 (2000); People v. Patterson, 192 Ill. 2d 93, 139 (2000) (“We have recognized [] that, in the interests of fundamental fairness, the doctrine of res judicata can be relaxed if the defendant presents substantial new evidence.”).

2020But Patterson explained that, “in the interests of fundamental fairness, the doctrine of res judicata can be relaxed if the defendant presents substantial new evidence.” (Emphasis added). 192 Ill. 2d at 139 .

1217
People v. Evansgreen
ill · 1999 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000See Hobley, 182 Ill. 2d at 449 ; People v. Madej, 177 Ill. 2d 116, 132 (1997); see also People v. Evans, 186 Ill. 2d 83, 91 (1999).

2000See Hobley, 182 Ill.2d at 449 , 231 Ill.Dec. 321 , 696 N.E.2d 313 ; People v. Madej, 177 Ill.2d 116, 132 , 226 Ill.Dec. 453 , 685 N.E.2d 908 (1997); see also People v. Evans, 186 Ill.2d 83, 91 , 237 Ill.Dec. 118 , 708 N.E.2d 1158 (1999).

22
People v. Madejgreen
ill · 1997 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000See Hobley, 182 Ill. 2d at 449 ; People v. Madej, 177 Ill. 2d 116, 132 (1997); see also People v. Evans, 186 Ill. 2d 83, 91 (1999).

2000See Hobley, 182 Ill.2d at 449 , 231 Ill.Dec. 321 , 696 N.E.2d 313 ; People v. Madej, 177 Ill.2d 116, 132 , 226 Ill.Dec. 453 , 685 N.E.2d 908 (1997); see also People v. Evans, 186 Ill.2d 83, 91 , 237 Ill.Dec. 118 , 708 N.E.2d 1158 (1999).

22
People v. Hobleygreen
ill · 1998 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000See Hobley, 182 Ill. 2d at 449 ; People v. Madej, 177 Ill. 2d 116, 132 (1997); see also People v. Evans, 186 Ill. 2d 83, 91 (1999).

2000See Hobley, 182 Ill.2d at 449 , 231 Ill.Dec. 321 , 696 N.E.2d 313 ; People v. Madej, 177 Ill.2d 116, 132 , 226 Ill.Dec. 453 , 685 N.E.2d 908 (1997); see also People v. Evans, 186 Ill.2d 83, 91 , 237 Ill.Dec. 118 , 708 N.E.2d 1158 (1999).

22
People v. Holmangreen
ill · 2000 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022See People v. Holman, 191 Ill. 2d 204, 210 (2000); People v. Patterson, 192 Ill. 2d 93, 139 (2000) (“We have recognized [] that, in the interests of fundamental fairness, the doctrine of res judicata can be relaxed if the defendant presents substantial new evidence.”).

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 (2)

CaseCitedYears
People v. Reyes green
illappct · 2006
2 sentences

2018But “our supreme court has recognized that, ‘in the interests of fundamental fairness, the doctrine of res judicata can be relaxed if the defendant presents substantial new evidence.’ ” Id. (quoting People v. Patterson, 192 Ill. 2d 93, 139 (2000)). ¶ 75 For new evidence to be sufficient to overcome the bar of res judicata and warrant a new trial, the evidence (1) must have been discovered since trial and be of such character that the petitioner could not have discovered it sooner through due diligence, (2) must be material and not merely cumulative of existing trial evidence, and (3) must be “

2017But "our supreme court has recognized that, 'in the interests of fundamental fairness, the doctrine of res judicata can be relaxed if the defendant presents substantial new evidence.' " Id. (quoting People v. Patterson , 192 Ill. 2d 93 , 139, 249 Ill.Dec. 12 , 735 N.E.2d 616 (2000) ). ¶ 75 For new evidence to be sufficient to overcome the bar of res judicata and warrant a new trial, the evidence (1) must have been discovered since trial and be of such character that the petitioner could not have discovered it sooner through due diligence, (2) must be material and not merely cumulative of exist

32013–2018
People v. Barnslater green
illappct · 2007
2 sentences

2017“The standards addressing when new evidence is sufficiently substantial so as to relax res judicata are the same standards used to determine whether newly discovered evidence should result in a new trial.” Barnslater, 373 Ill.

2015"The standards addressing when new evidence is sufficiently substantial so as to relax res judicata are the same standards used to determine whether newly discovered evidence should result in a new trial." Barnslater, 373 Ill.

22015–2017

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (12) IL § 725 ILCS 5/122-2.1 (7) IL § 725 ILCS 5/122-5 (6) IL § 725 ILCS 5/122-4 (5) IL § 725 ILCS 5/122-2 (4) IL § 720 ILCS 5/9-1 (3) IL § 725 ILCS 5/115-10.1 (3) IL § 725 ILCS 5/122-3 (3) IL § 730 ILCS 5/5-8-1 (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.

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