defendant may rebut presumption (Illinois) · Go Syfert
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defendant may rebut presumption in Illinois

18 Illinois opinions name it 2 courts 1924–2026 10 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 (1)

CaseFollowedCited
People v. Johnsongreen
ill · 1993 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026People v. Johnson, 154 Ill. 2d 227, 238 (1993). ¶ 30 Pursuing a claim counsel believes has no merit is not required under Rule 651(c).

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 (9)

CaseCitedYears
People v. Addison green
ill · 2023
2 sentences

2025Id.

2025People v. Addison, 2023 IL 127119, ¶ 21 .

42024–2025
People v. Zambrano green
illappct · 2016
2 sentences

2026“A defendant may rebut the presumption of trial strategy by showing that counsel’s failure to impeach a witness was so unreasonable that no effective defense attorney would have pursued the strategy.” People v. Zambrano, 2016 IL App (3d) 140178, ¶ 24 . ¶ 57 Here, counsel’s decision not to inject Trumbo’s use-immunity agreement into the case was a rational strategic decision.

2022“A defendant may rebut the presumption of trial strategy by showing that counsel’s failure to impeach a witness was so unreasonable that no effective defense attorney would have pursued the strategy.” Zambrano, 2016 IL App (3d) 140178, ¶ 24 . ¶ 23 Defendant lacked the ability to submit the video with his motion, and the circuit court does not suggest it watched the video in dismissing defendant’s postconviction petition. -9- The record reveals the following about the video.

32022–2026
People v. Jones green
illappct · 2012
2 sentences

2024People v. Jones, 2012 IL App (2d) 110346, ¶ 82 . ¶ 39 Defendant argues that he sufficiently asserted a claim of ineffective assistance of counsel based on his averment that he “did not make” the statements Detective Halloran testified that he made, and that counsel’s “failure to impeach him with evidence of his crimes undermined confidence in the outcome of his trial.” Defendant maintains that the documents attached to his petition show that Detective Halloran “was willing to break the rules and obtain confessions and identifications through coercive means,” and that counsel should have impeac

2016People v. Jones, 2012 IL App (2d) 110346, ¶ 82 . ¶ 25 Counsel may render ineffective assistance for failing to tender the jury instruction on accomplice testimony.

32016–2024
People v. Thomas green
illappct · 2006
2 sentences

2016Id. ¶ 54 We find Wallenberg, the defendant’s cited authority, to be distinguishable from this case.

2016Id. ¶ 54 We find Wallenberg, the defendant’s cited authority, to be distinguishable from this case.

22016–2016
Reagan v. Baird green
illappct · 1986
2 sentences

1990App.3d 58 , 487 N.E.2d 1028 .) Once the presumption is raised, the defendant may rebut the presumption by proving that adequate consideration had been given or that the transferor retained sufficient assets to cover the debt.

1990App. 3d 58 , 487 N.E.2d 1028 .) Once the presumption is raised, the defendant may rebut the presumption by proving that adequate consideration had been given or that the transferor retained sufficient assets to cover the debt.

21990–1990
Anderson v. Ferris green
illappct · 1984
2 sentences

1990Anderson v. Ferris (1984), 128 Ill.

1990Anderson v. Ferris (1984), 128 Ill.

21990–1990
People v. Walker green
illappct · 2019
1 sentence

2023Walker, 2019 IL App (3d) 170374, ¶ 18 . ¶ 46 An ineffective assistance of counsel claim may be disposed of without addressing counsel’s performance if the defendant did not suffer prejudice.

12023–2023
Bullard v. Barnes green
ill · 1984
2 sentences

1989(Bullard v. Barnes (1984), 102 Ill. 2d 505 , 468 N.E.2d 1228 .) In the present case, Cole contends only Steven’s parents may have been dismayed and upset over prior incidents of intoxication and driving a motor vehicle on the part of Steven.

1989(Bullard v. Barnes (1984), 102 Ill. 2d 505 , 468 N.E.2d 1228 .) In the present case, Cole contends only Steven’s parents may have been dismayed and upset over prior incidents of intoxication and driving a motor vehicle on the part of Steven.

11989–1989
Kreitz v. Behrensmeyer green
· 1888
1 sentence

1924Kreitz v. Behrensmeyer, 125 Ill. 141 ; Behrensmeyer v. Kreitz, 135 id. 591.

11924–1924

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (7) IL § 720 ILCS 5/9-1 (4) IL § 725 ILCS 5/122-2.1 (4) IL § 725 ILCS 5/106-2.5 (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 39 (1982–2016) IL 18 (1924–2026) WI 15 (1989–2025) NJ 11 (2015–2026) LA 11 (1983–2019) WA 9 (1986–2026) MS 6 (2009–2017) NC 5 (1982–2011) MI 5 (2014–2025) NY 4 (1870–2025) AZ 3 (2007–2017) IN 3 (1986–1998) OH 3 (1991–2013) DC 3 (2018–2024) UT 3 (2007–2023) CT 3 (2005–2012) CA 2 (2021–2025) MA 2 (2008–2008)

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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