postconviction petition claim (Illinois) · Go Syfert
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postconviction petition claim in Illinois

18 Illinois opinions name it 1 courts 1997–2026 6 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 (10)

CaseFollowedCited
People v. Wingategreen
illappct · 2015 · cited in 2 Illinois opinions naming this issue, 2018–2019
2 sentences

2019See Wingate, 2015 IL App (5th) 130189, ¶ 24 .

2018See Wingate , 2015 IL App (5th) 130189 , ¶ 24, 391 Ill.Dec. 599 , 31 N.E.3d 275 .

22
People v. Ashfordgreen
ill · 1988 · cited in 2 Illinois opinions naming this issue, 2011–2012
2 sentences

2012In People v. Ashford, 121 Ill.2d 55, 75 , 117 Ill.Dec. 171 , 520 N.E.2d 332 (1988), our supreme court rejected the defendant's postconviction petition claim that his counsel was ineffective for not subpoenaing his codefendant to testify.

2012In People v. Ashford, 121 Ill.2d 55, 75 , 117 Ill.Dec. 171 , 520 N.E.2d 332 (1988), our supreme court rejected the defendant's postconviction petition claim that his counsel was ineffective for not subpoenaing his codefendant to testify.

12
People v. Kimblegreen
illappct · 2004 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026People v. Kimble, 348 Ill.

11
People v. Goldengreen
ill · 2008 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025People v. Sanders, 2016 IL 118123, ¶ 31 . ¶ 16 To prevail on a postconviction petition claim of ineffective assistance of appellate counsel, a defendant must make a substantial showing that “appellate counsel’s performance fell below an objective standard of reasonableness and that this substandard performance caused prejudice, i.e., there is a reasonable probability that, but for appellate counsel’s errors, the appeal would have been successful.” People v. Golden, 229 Ill. 2d 277, 283 (2008).

11
People v. Easleygreen
ill · 2000 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025“Appellate counsel is not obligated to brief every conceivable issue on appeal, and it is not incompetence of counsel to refrain from raising issues which, in his or her judgment, are without merit, unless counsel’s appraisal of the merits is patently wrong.” People v. Easley, 192 Ill. 2d 307, 329 (2000).

11
Garlick v. Bloomingdale Townshipgreen
illappct · 2018 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025See Garlick v. Bloomingdale Township, 2018 IL App (2d) 171013 , ¶ 59.

11
People v. Whitfieldgreen
ill · 2005 · cited in 1 Illinois opinions naming this issue, 2020–2020
2 sentences

2020Id. ¶ 6 . ¶ 22 The court noted that in People v. Whitfield, 217 Ill. 2d 177 (2005), on which the defendant relied, the supreme court allowed the defendant there to raise for the first time in a postconviction petition the claim that he had been denied the benefit of his plea bargain, a sentence and a required term of mandatory supervised release (MSR) that totaled 25 years combined.

2020(He received a 25- year sentence and a 3-year MSR term.) Smith, 2012 IL App (1st) 110670-U , ¶ 10; see Whitfield, 217 Ill. 2d at 180-81, 183 .

11
People v. Colemangreen
illappct · 2011 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012See People v. Coleman, 2011 IL App (1st) 091005 (without an allegation in the petition that supports the inference appellate counsel draws, we concluded that appellate counsel went beyond the allegations in the postconviction petition to challenge counsel’s performance on direct appeal).

11
People v. Stroudgreen
ill · 2004 · cited in 1 Illinois opinions naming this issue, 2009–2009
2 sentences

2009People v. Stroud, 208 Ill. 2d 398, 403 , 804 N.E.2d 510, 513 (2004).

2009People v. Stroud, 208 Ill. 2d 398, 403 , 804 N.E.2d 510, 513 (2004).

11
People v. Gainesgreen
ill · 1984 · cited in 1 Illinois opinions naming this issue, 1997–1997
2 sentences

1997Whitehead, 169 Ill. 2d at 371-72 , 662 N.E.2d at 1311-12 , quoting People v. Gaines, 105 Ill. 2d 79, 91 , 473 N.E.2d 868, 875 (1984).

1997Whitehead, 169 Ill. 2d at 371-72 , 662 N.E.2d at 1311-12 , quoting People v. Gaines, 105 Ill. 2d 79, 91 , 473 N.E.2d 868, 875 (1984).

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. Enis green
ill · 2000
2 sentences

2022Enis, 194 Ill. 2d at 375-76 . ¶ 54 B.

2020Enis, 194 Ill. 2d at 375-76 .

22020–2022
People v. Palmer green
ill · 2006
2 sentences

2007On appeal, defendant makes two new arguments: (1) that the trial court erred in deeming his petition successive where his previous collateral motion was improperly recharacterized as a postconviction petition in violation of People v. Shellstrom, 216 Ill. 2d 45 , 833 N.E.2d 863 (2005), and (2) that the consecutive nature of his sentences is void under People v. Palmer, 218 Ill. 2d 148 , 843 N.E.2d 292 (2006), because the trial court imposed his 60-year sentence consecutive to a sentence of natural life.

2007On appeal, defendant makes two new arguments: (1) that the trial court erred in deeming his petition successive where his previous collateral motion was improperly recharacterized as a postconviction petition in violation of People v. Shellstrom, 216 Ill. 2d 45 , 833 N.E.2d 863 (2005), and (2) that the consecutive nature of his sentences is void under People v. Palmer, 218 Ill. 2d 148 , 843 N.E.2d 292 (2006), because the trial court imposed his 60-year sentence consecutive to a sentence of natural life.

22007–2007
People v. Shellstrom green
ill · 2005
2 sentences

2007On appeal, defendant makes two new arguments: (1) that the trial court erred in deeming his petition successive where his previous collateral motion was improperly recharacterized as a postconviction petition in violation of People v. Shellstrom, 216 Ill. 2d 45 , 833 N.E.2d 863 (2005), and (2) that the consecutive nature of his sentences is void under People v. Palmer, 218 Ill. 2d 148 , 843 N.E.2d 292 (2006), because the trial court imposed his 60-year sentence consecutive to a sentence of natural life.

2007On appeal, defendant makes two new arguments: (1) that the trial court erred in deeming his petition successive where his previous collateral motion was improperly recharacterized as a postconviction petition in violation of People v. Shellstrom, 216 Ill. 2d 45 , 833 N.E.2d 863 (2005), and (2) that the consecutive nature of his sentences is void under People v. Palmer, 218 Ill. 2d 148 , 843 N.E.2d 292 (2006), because the trial court imposed his 60-year sentence consecutive to a sentence of natural life.

22007–2007
People v. Sanders green
ill · 2016
1 sentence

2025People v. Sanders, 2016 IL 118123, ¶ 31 . ¶ 16 To prevail on a postconviction petition claim of ineffective assistance of appellate counsel, a defendant must make a substantial showing that “appellate counsel’s performance fell below an objective standard of reasonableness and that this substandard performance caused prejudice, i.e., there is a reasonable probability that, but for appellate counsel’s errors, the appeal would have been successful.” People v. Golden, 229 Ill. 2d 277, 283 (2008).

12025–2025
People v. Lyons green
ill · 1970
1 sentence

2025Id. at 174 .

12025–2025
People v. Little green
illappct · 2001
1 sentence

2024Id.

12024–2024
People v. Hodges green
ill · 2009
1 sentence

2012The postconviction petition did challenge trial counsel’s performance, but no separate issue of ineffectiveness of trial counsel is raised in his appellate brief. ¶ 11 The defendant replies that a liberal construction of his petition, which is mandated by Illinois case law (Hodges, 234 Ill. 2d at 21 ), gives rise to an “implicit claim” of ineffective assistance of appellate counsel.

12012–2012
People v. Frison green
illappct · 2006
1 sentence

2011People v. Frison, 365 Ill.

12011–2011
People v. Whitehead green
ill · 1996
1 sentence

1997Whitehead, 169 Ill. 2d at 371-72 , 662 N.E.2d at 1311-12 , quoting People v. Gaines, 105 Ill. 2d 79, 91 , 473 N.E.2d 868, 875 (1984).

11997–1997

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (12) IL § 725 ILCS 5/122-2.1 (9) IL § 720 ILCS 5/9-1 (6) IL § 725 ILCS 5/122-6 (5) IL § 725 ILCS 5/122-4 (4)

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

IL 18 (1997–2026) OH 2 (2002–2025) MN 2 (2007–2008)

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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