defendant seeking challenge (Illinois) · Go Syfert
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defendant seeking challenge in Illinois

17 Illinois opinions name it 2 courts 1988–2025 3 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 (8)

CaseFollowedCited
People v. Evansgreen
ill · 1996 · cited in 6 Illinois opinions naming this issue, 1999–2015
2 sentences

2015He contends, because his motion alleged the court considered a factor inherent in the offense, rather than merely arguing the sentence was excessive, remand is required to allow the trial court an opportunity to reconsider its sentencing decision. ¶ 24 In People v. Evans, 174 Ill. 2d 320, 332 , 673 N.E.2d 244, 250 (1996), the supreme court held a defendant seeking to challenge the sentence imposed pursuant to a negotiated guilty plea "must (1) move to withdraw the guilty plea and vacate the judgment, and (2) show that the granting of the motion is necessary to correct a manifest injustice." Th

2015He contends, because his motion alleged the court considered a factor inherent in the offense, rather than merely arguing the sentence was excessive, remand is required to allow the trial court an opportunity to reconsider its sentencing decision. ¶ 24 In People v. Evans, 174 Ill. 2d 320, 332 , 673 N.E.2d 244, 250 (1996), the supreme court held a defendant seeking to challenge the sentence imposed pursuant to a negotiated guilty plea "must (1) move to withdraw the guilty plea and vacate the judgment, and (2) show that the granting of the motion is necessary to correct a manifest injustice." Th

26
People v. Molnargreen
ill · 2006 · cited in 2 Illinois opinions naming this issue, 2018–2019
2 sentences

2019See People v. Molnar, 222 Ill. 2d 495, 500 (2006) (the Illinois State Police is “the agency responsible for implementing [sex offender registration under the Act]”). ¶ 20 The only Illinois case that defendant has managed to cite with the same procedural posture as the present case—i.e., involving a defendant seeking to challenge a collateral consequence of a conviction on direct appeal from that conviction—is People v. Avila-Briones, 2015 IL App (1st) 132221 .

2018See People v. Molnar , 222 Ill.2d 495 , 500, 306 Ill.Dec. 116 , 857 N.E.2d 209 (2006) (the Illinois State Police is "the agency responsible for implementing [sex offender registration under the Act]"). ¶ 20 The only Illinois case that defendant has managed to cite with the same procedural posture as the present case- i.e. , involving a defendant seeking to challenge a collateral consequence of a conviction on direct appeal from that conviction-is People v. Avila-Briones , 2015 IL App (1st) 132221 , 401 Ill.Dec. 40 , 49 N.E.3d 428 .

22
People v. Avila-Brionesgreen
illappct · 2015 · cited in 2 Illinois opinions naming this issue, 2018–2019
2 sentences

2019See People v. Molnar, 222 Ill. 2d 495, 500 (2006) (the Illinois State Police is “the agency responsible for implementing [sex offender registration under the Act]”). ¶ 20 The only Illinois case that defendant has managed to cite with the same procedural posture as the present case—i.e., involving a defendant seeking to challenge a collateral consequence of a conviction on direct appeal from that conviction—is People v. Avila-Briones, 2015 IL App (1st) 132221 .

2018See People v. Molnar , 222 Ill.2d 495 , 500, 306 Ill.Dec. 116 , 857 N.E.2d 209 (2006) (the Illinois State Police is "the agency responsible for implementing [sex offender registration under the Act]"). ¶ 20 The only Illinois case that defendant has managed to cite with the same procedural posture as the present case- i.e. , involving a defendant seeking to challenge a collateral consequence of a conviction on direct appeal from that conviction-is People v. Avila-Briones , 2015 IL App (1st) 132221 , 401 Ill.Dec. 40 , 49 N.E.3d 428 .

22
People v. McKowngreen
ill · 2010 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025People v. McKown, 236 Ill. 2d 278, 308 (2010) (citing People v. Williams, 193 Ill. 2d 306, 347 (2000)).

11
People v. Baileygreen
ill · 2017 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025See People v. Bailey, 2017 IL 121450, ¶ 21 ; Tidwell, 236 Ill. 2d at 161 . 1 ¶ 15 Because the sufficiency of a postconviction petition is a purely legal question, we review the circuit court’s denial of a defendant’s motion for leave to file a successive postconviction petition de novo.

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

2025People v. McKown, 236 Ill. 2d 278, 308 (2010) (citing People v. Williams, 193 Ill. 2d 306, 347 (2000)).

11
People v. Rosenberggreen
ill · 2004 · cited in 1 Illinois opinions naming this issue, 2005–2005
2 sentences

2005People v. Rosenberg, 213 Ill. 2d at 77-78 .

2005People v. Rosenberg, 213 Ill.2d at 77-78, 289 Ill.Dec. 664 , 820 N.E.2d 440 .

11
People v. Robinsongreen
ill · 1980 · cited in 1 Illinois opinions naming this issue, 1988–1988
1 sentence

1988App. 3d 428 , 430 aff'd (1977), 68 Ill. 2d 261 ; cf. People v. Robinson (1980), 83 Ill. 2d 424, 428-29 (wherein the court noted the defendant’s concession that a sentencing issue was not included in the motion to withdraw his guilty plea and rejected his argument that the omission constituted ineffective assistance of counsel on the basis that the issue was not so obvious on the record to constitute ineffective assistance).) This court has recently stated that a defendant seeking to challenge his sentence following a guilty plea need only file a timely motion to withdraw his guilty plea and is

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 (8)

CaseCitedYears
People v. Eason green
illappct · 2001
2 sentences

2006Eason, 326 Ill.

2006Eason, 326 Ill.

22006–2006
People v. Tidwell green
ill · 2010
1 sentence

2025See People v. Bailey, 2017 IL 121450, ¶ 21 ; Tidwell, 236 Ill. 2d at 161 . 1 ¶ 15 Because the sufficiency of a postconviction petition is a purely legal question, we review the circuit court’s denial of a defendant’s motion for leave to file a successive postconviction petition de novo.

12025–2025
People v. Davidson green
illappct · 2023
1 sentence

2024People v. Davidson, 2023 IL App (2d) 230344, ¶ 17 . -5- 2024 IL App (2d) 230494-U ¶ 14 For these reasons, the trial court did not err in denying defendant pretrial release and we affirm the judgment of the Kane County circuit court. ¶ 15 Affirmed. -6-

12024–2024
People v. Johnson green
ill · 2019
1 sentence

2020Under Rule 604(d), a defendant’s recourse is to seek to withdraw the guilty plea and return the parties to the status quo before the plea.” Johnson, 2019 IL 122956, ¶ 57 . ¶ 17 The relevance of Johnson, for our purposes, is to point out how a defendant seeking to challenge a sentence imposed after a negotiated plea has to ask to withdraw his plea, not merely seek reconsideration.

12020–2020
People v. Hoskins green
ill · 1984
2 sentences

1992(People v. Hoskins (1984), 101 Ill. 2d 209 , 461 N.E.2d 941 .) It is the responsibility of the trial judge to determine the credibility of witnesses at a suppression hearing, and its decision will not be reversed unless it is against the manifest weight of the evidence.

1992(People v. Hoskins (1984), 101 Ill. 2d 209 , 461 N.E.2d 941 .) It is the responsibility of the trial judge to determine the credibility of witnesses at a suppression hearing, and its decision will not be reversed unless it is against the manifest weight of the evidence.

11992–1992
People v. Gall neutral
illappct · 1988
1 sentence

1992App. 3d 250 , 524 N.E.2d 1210 .) A defendant seeking to challenge a warrantless arrest on a motion to suppress has the burden of proving that the search and seizure were unlawful.

11992–1992
People v. Ulmer green
illappct · 1987
1 sentence

1988(See People v. Ulmer (1987), 158 Ill.

11988–1988
People v. Stacey green
ill · 1977
1 sentence

1988App. 3d 428 , 430 aff'd (1977), 68 Ill. 2d 261 ; cf. People v. Robinson (1980), 83 Ill. 2d 424, 428-29 (wherein the court noted the defendant’s concession that a sentencing issue was not included in the motion to withdraw his guilty plea and rejected his argument that the omission constituted ineffective assistance of counsel on the basis that the issue was not so obvious on the record to constitute ineffective assistance).) This court has recently stated that a defendant seeking to challenge his sentence following a guilty plea need only file a timely motion to withdraw his guilty plea and is

11988–1988

Statutes the citing opinions construe

IL § 730 ILCS 150/3 (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

TX 28 (2003–2025) IL 17 (1988–2025) OH 13 (1989–2022) CA 11 (1975–2021) NY 11 (1989–2010) IN 8 (1988–2020) GA 7 (2016–2021) CO 6 (1986–2017) MA 5 (1993–2024) NJ 4 (1994–2017) WI 4 (1999–2021) WA 3 (2012–2018) HI 3 (1994–2022) PA 3 (1994–2014) FL 3 (1994–2018) TN 2 (2020–2021) SC 2 (2022–2022) NC 2 (2010–2013)

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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