meritorious constitutional claim in Illinois

111 Illinois opinions name it 2 courts 1985–2026 23 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 (12)

Case	Followed	Cited
People v. Gaultneygreen ill · 1996 · cited in 23 Illinois opinions naming this issue, 1999–2007 2 sentences 2007"A post- conviction petition is considered frivolous or patently without merit if the petition's allegations, taken as true, fail to present the gist of a meritorious constitutional claim." People v. Collins, 202 Ill. 2d 59, 66 (2002); People v. Gaultney, 174 Ill. 2d 410, 418 (1996). 2007To survive summary dismissal, a pro se petitioner need raise only the "gist" of a meritorious constitutional claim (Gaultney, 174 Ill. 2d at 418 ), but he must provide affidavits, records, or other evidence to support his allegations or he must explain why none could be obtained (725 ILCS 5/122--2 (West 2004); People v. Collins, 202 Ill. 2d 59, 66 (2002)).	15	23
People v. Collinsgreen ill · 2002 · cited in 17 Illinois opinions naming this issue, 2002–2025 2 sentences 2025Dismissal is appropriate when “the petition’s allegations, taken as true, fail to present the gist of a meritorious constitutional claim.” People v. Collins, 202 Ill. 2d 59, 66 (2002). 2024As with any petition under the Act, dismissal is only appropriate at the first stage “if the petition’s allegations, taken as true, fail to present the gist of a meritorious constitutional claim.” People v. Collins, 202 Ill. 2d 59, 66 (2002). ¶ 42 Synthesizing these various standards leads to the following: Defendant may present the gist of a constitutional claim under the Act by (1) identifying the underlying issue that appellate counsel could have raised on direct appeal but did not, resulting in forfeiture; (2) showing arguable prejudice, i.e., that the underlying issue was arguably meritor	15	17
People v. Edwardsgreen ill · 2001 · cited in 17 Illinois opinions naming this issue, 2003–2024 2 sentences 2024To survive dismissal at the initial stage of a postconviction proceeding, a petition need only present the gist of a meritorious constitutional claim, requiring only that the petitioner plead sufficient facts to assert an “arguably constitutional claim.” People v. Brown, 236 Ill. 2d 175, 184 (2010). ¶ 31 At the second stage, “the circuit court must determine whether the petition and any accompanying documentation make a substantial showing of a constitutional violation.” People v. Edwards, 197 Ill. 2d 239, 246 (2001). 2023At the first stage, the postconviction court reviews the defendant’s petition to determine whether it is frivolous or patently without merit. 725 ILCS 5/122-2.1(a)(2) (West 2022); People v. Edwards, 197 Ill. 2d 239, 244 (2001). 4 ¶ 18 The petition is considered frivolous or patently without merit only if the petition’s allegations, taken as true, fail to present the gist of a meritorious constitutional claim.	12	17
People v. Hodgesgreen ill · 2009 · cited in 5 Illinois opinions naming this issue, 2024–2025 2 sentences 2025Id.; People v. Hodges, 234 Ill. 2d 1, 10 (2009). 2025Id.; People v. Hodges, 234 Ill. 2d 1, 10 (2009).	5	5
People v. Portergreen ill · 1988 · cited in 11 Illinois opinions naming this issue, 1988–2017 2 sentences 2017A pro se petitioner is entitled to an evidentiary hearing on his postconviction petition only when he presents the “gist” of a meritorious constitutional claim (People v. Porter, 122 Ill. 2d 64, 74 (1988)) and the record or accompanying affidavits support the allegations in the petition (Vernon, 276 Ill. 2017A pro se petitioner is entitled to an evidentiary hearing on his postconviction petition only when he presents the “gist” of a meritorious constitutional claim (People v. Porter, 122 Ill. 2d 64, 74 (1988)) and the record or accompanying affidavits support the allegations in the petition (Vernon, 276 Ill.	4	11
People v. Boclairgreen ill · 2002 · cited in 4 Illinois opinions naming this issue, 2002–2021 2 sentences 2021Id.; People v. Boclair, 202 Ill. 2d 89, 99 (2002). 2021Id.; People v. Boclair, 202 Ill. 2d 89, 99 (2002).	3	4
People v. Landergreen ill · 2005 · cited in 4 Illinois opinions naming this issue, 2005–2008 2 sentences 2008Lander, 215 Ill. 2d at 584-85 . 2008Lander, 215 *405 Ill.2d at 584-85, 294 Ill.Dec. 646 , 831 N.E.2d 596 .	2	4
People v. Browngreen ill · 1995 · cited in 4 Illinois opinions naming this issue, 1997–2001 2 sentences 2001“To survive dismissal at the initial stage of the post-conviction proceeding, the petition need only present the gist of a meritorious constitutional claim.” People v. Brown, 169 Ill. 2d 94, 101 , 660 N.E.2d 964 (1995). 2001“To survive dismissal at the initial stage of the post-conviction proceeding, the petition need only present the gist of a meritorious constitutional claim.” People v. Brown, 169 Ill. 2d 94, 101 , 660 N.E.2d 964 (1995).	2	4
People v. Browngreen ill · 2010 · cited in 2 Illinois opinions naming this issue, 2023–2024 2 sentences 2024To survive dismissal at the initial stage of a postconviction proceeding, a petition need only present the gist of a meritorious constitutional claim, requiring only that the petitioner plead sufficient facts to assert an “arguably constitutional claim.” People v. Brown, 236 Ill. 2d 175, 184 (2010). ¶ 31 At the second stage, “the circuit court must determine whether the petition and any accompanying documentation make a substantial showing of a constitutional violation.” People v. Edwards, 197 Ill. 2d 239, 246 (2001). 2023To survive dismissal at the initial state of a postconviction proceeding, a petition need only present the gist of a meritorious constitutional claim, requiring only that the petitioner plead sufficient facts to assert an “arguably constitutional claim.” People v. Brown, 236 Ill. 2d 175, 184 (2010). ¶ 25 At the second stage, “the circuit court must determine whether the petition and any accompanying documentation make a substantial showing of a constitutional violation.” People v. Edwards, 197 Ill. 2d 239, 246 (2001).	2	2
People v. McClaingreen illappct · 1997 · cited in 2 Illinois opinions naming this issue, 2002–2002 2 sentences 2002App. 3d at 189-90 , 684 N.E.2d at 1065 (holding because a postconviction petition need only set forth the gist of a meritorious constitutional claim, and need not be supported by either legal authority or argument, the denial of access to a prison law library does not excuse a petition’s belated filing). 2002App. 3d at 189-90 , 684 N.E.2d at 1065 (holding because a post-conviction petition need only set forth the gist of a meritorious constitutional claim, and need not be supported by either legal authority or argument, the denial of access to a prison law library does not excuse a petition's belated filing).	2	2
People v. Baughgreen illappct · 1985 · cited in 4 Illinois opinions naming this issue, 1985–1993 2 sentences 1993Once the petitioner sets out allegations demonstrating a meritorious constitutional claim, he is entitled to have counsel represent him on the petition. `While it is obvious that counsel should be better able to more artfully draft a petition that an indigent petitioner unschooled in legal drafting, it is certainly not clear that an indigent petitioner could not present the gist of his claim so that the trial court could make an initial determination as to whether * * * the claim is frivolous.' People v. Baugh (1985), 132 Ill.App.3d 713, 717 [ 87 Ill.Dec. 598, 600 ][, 477 N.E.2d 724, 726 ]." * 1993Once the petitioner sets out allegations demonstrating a meritorious constitutional claim, he is entitled to have counsel represent him on the petition. `While it is obvious that counsel should be better able to more artfully draft a petition that an indigent petitioner unschooled in legal drafting, it is certainly not clear that an indigent petitioner could not present the gist of his claim so that the trial court could make an initial determination as to whether * * * the claim is frivolous.' People v. Baugh (1985), 132 Ill.App.3d 713, 717 [ 87 Ill.Dec. 598, 600 ][, 477 N.E.2d 724, 726 ]." *	1	4
People v. Perkinsgreen ill · 2008 · cited in 1 Illinois opinions naming this issue, 2021–2021	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (28)

Case	Cited	Years
People v. Lemons green illappct · 1993 2 sentences 2000We further explained that “the trial court should consider the petition at the first stage to determine whether it contains sufficient facts upon which a meritorious constitutional claim could be based.” (Emphasis in original.) Lemons, 242 Ill. 2000We further explained that "the trial court should consider the petition at the first stage to determine whether it contains sufficient facts upon which a meritorious constitutional claim could be based." (Emphasis *1263 in original.) Lemons, 242 Ill.	5	1997–2000
People v. Jones green illappct · 1988 2 sentences 1999People v. Jones, 168 Ill. 1992(Eddmonds, 143 Ill. 2d 501 , 578 N.E.2d 952 .) Although the defendant ultimately bears the burden of proving that a substantial constitutional violation occurred at trial (Eddmonds, 143 Ill. 2d 501 , 578 N.E.2d 952 ), to survive dismissal at the initial stage of a post-conviction proceeding, a petition need only present the gist of a meritorious constitutional claim (People v. Jones (1988), 168 Ill.	3	1991–1999
People v. Eddmonds green ill · 1991 2 sentences 1995(People v. Brisbon (1995), 164 Ill. 2d 236, 242 ; People v. Ramirez (1994), 162 Ill. 2d 235, 239 ; People v. Eddmonds (1991), 143 Ill. 2d 501, 510 .) To survive dismissal at the initial stage of the post-conviction proceeding, the petition need only present the gist of a meritorious constitutional claim. 1995Dec. 107 , 642 N.E.2d 1224 ; People v. Eddmonds (1991), 143 Ill.2d 501, 510 , 161 Ill.Dec. 306 , 578 N.E.2d 952 .) To survive dismissal at the initial stage of the post-conviction proceeding, the petition need only present the gist of a meritorious constitutional claim.	3	1992–1995
People v. Lawrence green illappct · 1991 2 sentences 1994(People v. Lawrence (1991), 211 Ill. 1991If the court decides the petition is not frivolous and patently without merit, the court must appoint counsel to represent the defendant, if indigent. [Citations.]” The Lawrence court further observed that “[t]o survive dismissal at the first stage of a post-conviction proceeding, the petition need only contain a statement which presents the gist of a meritorious constitutional claim.” 211 Ill.	3	1991–1994
People v. Addison green ill · 2023 2 sentences 2026Addison, 2023 IL 127119, ¶ 26 . 2025Addison, 2023 IL 127119, ¶ 26 .	2	2025–2026
People v. Vernon green illappct · 1995 2 sentences 2017A pro se petitioner is entitled to an evidentiary hearing on his postconviction petition only when he presents the “gist” of a meritorious constitutional claim (People v. Porter, 122 Ill. 2d 64, 74 (1988)) and the record or accompanying affidavits support the allegations in the petition (Vernon, 276 Ill. 2017A pro se petitioner is entitled to an evidentiary hearing on his postconviction petition only when he presents the “gist” of a meritorious constitutional claim (People v. Porter, 122 Ill. 2d 64, 74 (1988)) and the record or accompanying affidavits support the allegations in the petition (Vernon, 276 Ill.	2	2017–2017
People v. Palmer green ill · 2006 2 sentences 2010In addition, defendant argued for the first time that, under this court’s decision in People v. Palmer, 218 Ill. 2d 148 (2006), his consecutive term of years was void and must be modified to run concurrently with the natural-life term. 2010In addition, defendant argued for the first time that, under this court’s decision in People v. Palmer, 218 Ill. 2d 148 (2006), his consecutive term of years was void and must be modified to run concurrently with the natural-life term.	2	2010–2010
People v. McKenzie green illappct · 2001 2 sentences 2004McKenzie , 323 Ill. 2004McKenzie, 323 Ill.	2	2004–2004
People v. Patton green illappct · 2000 2 sentences 2003People v. Patton, 315 Ill. 2003People v. Patton , 315 Ill.	2	2003–2003
Strickland v. Washington green scotus · 1984 2 sentences 2003To establish a claim of ineffective assistance of counsel, a defendant must satisfy the standard set forth in Strickland v. Washington , 466 U.S. 668 , 80 L. 2003To establish a claim of ineffective assistance of counsel, a defendant must satisfy the standard set forth in Strickland v. Washington , 466 U.S. 668 , 80 L.	2	2003–2003
People v. Lucas green ill · 2003 2 sentences 2003People v. Lucas , 203 Ill. 2d 410 , 418 , 787 N.E.2d 113 (2002). 2003People v. Lucas , 203 Ill. 2d 410 , 418 , 787 N.E.2d 113 (2002).	2	2003–2003
People v. Rivera green ill · 2001 2 sentences 2003Lee argues primarily that People v. Rivera , 198 Ill. 2d 364 (2001), mandates reversal because the trial court gave no reasons for dismissing the part of the petition that alleged the court failed to submit separate verdict forms for principal and accessory liability. 2003Lee argues primarily that People v. Rivera, 198 Ill. 2d 364 (2001), mandates reversal because the trial court gave no reasons for dismissing the part of the petition that alleged the court failed to submit separate verdict forms for principal and accessory liability.	2	2003–2003
People v. Coleman green ill · 1998 2 sentences 2001Coleman, 183 Ill. 2d at 380 n.2. 2001Coleman , 183 Ill. 2d at 380 n.2.	2	2001–2001
People v. Ramirez green ill · 1994 2 sentences 1995(People v. Brisbon (1995), 164 Ill. 2d 236, 242 ; People v. Ramirez (1994), 162 Ill. 2d 235, 239 ; People v. Eddmonds (1991), 143 Ill. 2d 501, 510 .) To survive dismissal at the initial stage of the post-conviction proceeding, the petition need only present the gist of a meritorious constitutional claim. 1995Dec. 107 , 642 N.E.2d 1224 ; People v. Eddmonds (1991), 143 Ill.2d 501, 510 , 161 Ill.Dec. 306 , 578 N.E.2d 952 .) To survive dismissal at the initial stage of the post-conviction proceeding, the petition need only present the gist of a meritorious constitutional claim.	2	1995–1995
People v. Hickox green illappct · 1992 2 sentences 1995(See People v. Hickox (1992), 229 Ill. 1995(See People v. Hickox (1992), 229 Ill.	2	1995–1995
People v. Seaberg green illappct · 1994 2 sentences 1995People v. Seaberg (1994), 262 Ill. 1995People v. Seaberg (1994), 262 Ill.App.3d 79, 82 , 200 Ill.Dec. 25 , 635 N.E.2d 126 .	2	1995–1995
People v. Von Perbandt green illappct · 1991 2 sentences 1993(People v. Von Perbandt (1991), 221 Ill. 1993Defendant's Claim That Her Counsel Coerced Her Guilty Plea Citing Dredge , defendant argues that her pro se petition contained the gist of a meritorious claim and that "evidence of coercion could only be properly considered with the appointment of counsel and investigation of the nature of the advice and tactics employed by trial counsel when advising the defendant to plead guilty." Defendant also cites People v. Von Perbandt (1991), 221 Ill.App.3d 951, 956 , 164 Ill.Dec. 536, 539 , 583 N.E.2d 90, 93 , for the proposition that only a "minimal amount of specificity is required" for pro se petit	2	1993–1993
People v. Dredge green illappct · 1986 2 sentences 1992App. 3d 925 , 522 N.E.2d 1325 ; People v. Dredge (1986), 148 Ill. 1988(Porter, 122 Ill. 2d at 72 ; People v. Dredge (1986), 148 Ill.	2	1988–1992
People v. Tate green ill · 2012 1 sentence 2025“The summary dismissal of a postconviction petition is reviewed de novo.” People v. Tate, 2012 IL 112214, ¶ 10 . ¶ 17 In the present case, defendant’s statement that he could not obtain affidavits because he was incarcerated is nothing more than a bare allegation that he is “imprisoned in the -4- penitentiary,” which is always a prerequisite for seeking postconviction relief under section 122-1 of the Act. 725 ILCS 5/122-1 (West 2024).	1	2025–2025
People v. Ramirez-Lucas green illappct · 2017	1	2021–2021
People v. McGee green illappct · 2021	1	2021–2021
People v. Deloney green illappct · 2003	1	2015–2015
People v. Pendleton green ill · 2006	1	2009–2009
People v. Barksdale green illappct · 2001	1	2003–2003
People v. Brisbon green ill · 1995	1	1995–1995
People v. Moore green ill · 1990	1	1992–1992
People v. Ruiz green ill · 1989	1	1992–1992
People v. Silagy green ill · 1987	1	1992–1992

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (48) IL § 725 ILCS 5/122-2.1 (26) IL § 725 ILCS 5/122-2 (18) IL § 725 ILCS 5/122-4 (13) IL § 725 ILCS 5/122-5 (11) IL § 720 ILCS 5/9-1 (10) IL § 725 ILCS 5/122-3 (8) IL § 725 ILCS 5/122-6 (7) IL § 720 ILCS 570/401 (6) IL § 730 ILCS 5/5-8-4 (4) IL § 735 ILCS 5/2-1401 (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 111 (1985–2026) CT 7 (2005–2025) CO 2 (2020–2020)

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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