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18 Illinois opinions name it 2 courts 1914–2023 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.
| Case | Followed | Cited |
|---|---|---|
People v. Medinagreen2 sentences2021Our supreme court recommends that when there is a tender of a lesser-included offense, the trial court should conduct “an inquiry of defense counsel in defendant’s presence to determine whether counsel has advised defendant of the potential penalties associated with the lesser-included offense, and the court should thereafter ask defendant whether he agrees with the tender.” Id. 2020See People v. Medina, 221 Ill. 2d 394, 409 (2006) (“[W]hen a lesser-included offense instruction is tendered, we believe the trial court should conduct an inquiry of defense counsel, in defendant’s presence, to determine whether counsel has advised defendant of the potential penalties associated with the lesser-included offense, and the court should thereafter ask defendant whether he agrees with the tender”). | 2 | 8 |
People v. Coopergreen1 sentence2021The inquiry on a challenge to the sufficiency of the evidence is “ ‘whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’ ” (Emphasis in original.) People v. Cooper, 194 Ill. 2d 419, 430-31 (2000) (quoting Jackson v. Virginia, 433 U.S. 307 , 319 (1979)). ¶ 25 It is not the reviewing court’s function to retry the defendant when considering a challenge to the sufficiency of the evidence at trial. | 1 | 1 |
People v. Mooregreen1 sentence2021We consider the principles that potentially apply to defendant’s contention of error, starting with our supreme court’s statement in People v. Moore, 207 Ill. 2d 68, 79 (2003), that “[a] pro se defendant is not required to do any more than bring his or her claim to the trial court’s attention.” When a defendant raises a pro se posttrial claim of ineffective assistance of counsel, the circuit court should conduct an inquiry into the factual basis of the claim. | 1 | 1 |
People v. Torresgreen1 sentence2013See Torres, 2012 IL 111302, ¶ 62 (pertinent to the inquiry of whether defense counsel at the preliminary hearing had the necessary information to conduct an adequate cross-examination is whether the additional information would benefit defendant). ¶ 26 Lard also argues that defense counsel’s ability to cross-examine Officer Wilcox was hampered by the fact that counsel represented both Lard and codefendant Denton at the preliminary hearing. | 1 | 1 |
The People v. Sailorgreen1 sentence1984See also, People v. Surgeon, 15 Ill. 2d 236, 238 (1958); People v. Sailor, 43 Ill. 2d 256, 260 (1969); County of McLean v. Kickapoo Creek, Inc., 51 Ill. 2d 353, 355-56 (1972).)” The inquiry here of defense counsel not only fails to inform the defendant of his rights under Rule 402(a)(4), but does nothing whatsoever to determine that the defendant does, in fact, understand these rights. | 1 | 1 |
County of McLean v. Kickapoo Creek, Inc.green1 sentence1984See also, People v. Surgeon, 15 Ill. 2d 236, 238 (1958); People v. Sailor, 43 Ill. 2d 256, 260 (1969); County of McLean v. Kickapoo Creek, Inc., 51 Ill. 2d 353, 355-56 (1972).)” The inquiry here of defense counsel not only fails to inform the defendant of his rights under Rule 402(a)(4), but does nothing whatsoever to determine that the defendant does, in fact, understand these rights. | 1 | 1 |
The PEOPLE v. Surgeongreen1 sentence1984See also, People v. Surgeon, 15 Ill. 2d 236, 238 (1958); People v. Sailor, 43 Ill. 2d 256, 260 (1969); County of McLean v. Kickapoo Creek, Inc., 51 Ill. 2d 353, 355-56 (1972).)” The inquiry here of defense counsel not only fails to inform the defendant of his rights under Rule 402(a)(4), but does nothing whatsoever to determine that the defendant does, in fact, understand these rights. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Mendenhall
green
2 sentences1997Relevant to this inquiry are such factors as "the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer's request might be compelled." Mendenhall, 446 U.S. at 554 , 100 S.Ct. at 1877 , 64 L.Ed.2d at 509 . 1997Relevant to this inquiry are such factors as "the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer's request might be compelled." Mendenhall, 446 U.S. at 554 , 100 S.Ct. at 1877 , 64 L.Ed.2d at 509 . | 2 | 1997–1997 |
People v. Craig
green
1 sentence2023People v. Craig, 2020 IL App (2d) 170679, ¶¶ 18-19 . | 1 | 2023–2023 |
People v. Nere
green
1 sentence2021People v. Nere, 2018 IL 122566 , ¶ 69. | 1 | 2021–2021 |
People v. Krankel
green
2 sentences2021For reasons that follow, we find that Judge Walowski did indeed conduct an inquiry and that such inquiry satisfied the requirements of People v. Krankel, 102 Ill. 2d 181 (1984), and its progeny. ¶ 95 Beginning with Krankel, 102 Ill. 2d at 189 , our supreme court established a common-law procedure for considering pro se posttrial claims of ineffective assistance of counsel. 2021For reasons that follow, we find that Judge Walowski did indeed conduct an inquiry and that such inquiry satisfied the requirements of People v. Krankel, 102 Ill. 2d 181 (1984), and its progeny. ¶ 95 Beginning with Krankel, 102 Ill. 2d at 189 , our supreme court established a common-law procedure for considering pro se posttrial claims of ineffective assistance of counsel. | 1 | 2021–2021 |
People v. Brocksmith
green
1 sentence2015In both instances the decisions directly relate to the potential loss of liberty on an initially uncharged offense.” Id. ¶ 27 After expanding the list to include the decision of whether or not to tender a lesser- included offense jury instruction, the supreme court instructed that “when a lesser-included -8- 1-13-1600 offense instruction is tendered, *** the trial court should conduct an inquiry of defense counsel, in [the] defendant's presence, to determine whether counsel has advised [the] defendant of the potential penalties associated with the lesser-included offense, and the court should | 1 | 2015–2015 |
Strickland v. Washington
green
2 sentences1984The latest pronouncement of the United States Supreme Court is that the inquiry on a claim of ineffectiveness of counsel is whether counsel's assistance was reasonable under all of the circumstances when viewed as of the time of counsel's conduct. ( Strickland v. Washington (1984), 466 U.S. ___ , 80 L.Ed.2d 674 , 104 S.Ct. 2052 .) In the present case, defense counsel allowed defendant to testify about his income and expenses. 1984The latest pronouncement of the United States Supreme Court is that the inquiry on a claim of ineffectiveness of counsel is whether counsel's assistance was reasonable under all of the circumstances when viewed as of the time of counsel's conduct. ( Strickland v. Washington (1984), 466 U.S. ___ , 80 L.Ed.2d 674 , 104 S.Ct. 2052 .) In the present case, defense counsel allowed defendant to testify about his income and expenses. | 1 | 1984–1984 |
In re probate of the last will of Ingalls
neutral
1 sentence1926In Claussenius v. Claussenius, 179 Ill. 545 , we commented upon the language used in In re will of Ingalls, 148 Ill. 287 , holding that the proof necessary to entitle a will to probate is confined to the particular facts specified by the statute, and added, that if a party desires to broaden the inquiry and challenge the mental capacity of the testator, or show he was unduly or improperly influenced to execute the will, he must resort to a bill in chancery. | 1 | 1926–1926 |
Claussenius v. Claussenius
neutral
1 sentence1926In Claussenius v. Claussenius, 179 Ill. 545 , we commented upon the language used in In re will of Ingalls, 148 Ill. 287 , holding that the proof necessary to entitle a will to probate is confined to the particular facts specified by the statute, and added, that if a party desires to broaden the inquiry and challenge the mental capacity of the testator, or show he was unduly or improperly influenced to execute the will, he must resort to a bill in chancery. | 1 | 1926–1926 |
People ex rel. Fuller v. Hilliard
green
1 sentence1914A literal compliance with prescribed forms is not required in any case if the spirit of the law is not violated, and in all cases the intentions of the voters, clearly ascertained, should govern.” (People v. Hilliard, 29 Ill. 413 .) This court has frequently held that the provisions of the election statutes as to the manner of conducting the details of an election are not mandatory but directory, and that mere irregularities in the manner of proceeding, and which deprive no legal voter of his vote and do not change the result, will not vitiate an election. | 1 | 1914–1914 |
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.
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.