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15 Illinois opinions name it 2 courts 2014–2025 5 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. Cottogreen2 sentences2023This line of cases does not dispute the fact that, as a general proposition, the Illinois Supreme Court has held that “there is no difference between appointed and privately retained counsel in applying the reasonable level of assistance standard to postconviction proceedings,” because “[b]oth retained and appointed counsel must provide reasonable assistance to their clients after a petition is advanced from first- stage proceedings.” People v. Cotto, 2016 IL 119006 , ¶ 42. 2023On October 27, 2022, the defendant was once again found to be indigent, and the Office of State Appellate Defender was appointed to represent the defendant in the instant appeal. 5 ¶ 20 Although there may still be some question as to whether postconviction counsel was retained or appointed, under the facts of this case, it is not fatal to the defendant’s claims as, in either case, the defendant was entitled to a reasonable level of assistance. “[T]here is no difference between appointed and privately retained counsel in applying the reasonable level of assistance standard to postconviction pro | 3 | 10 |
People v. Pendletongreen2 sentences2017Thus, we must now decide whether Csaszar’s privately retained counsel provided a “reasonable level of assistance.” Cotto, 2016 IL 119006, ¶ 41 . ¶ 18 Postconviction counsel’s duties to provide reasonable assistance “include consultation with the defendant to ascertain his contentions of deprivation of constitutional right, examination of the record of the proceedings at the trial, and amendment of the petition, if necessary, to ensure that defendant’s contentions are adequately presented. [Citation.] Fulfillment of the third obligation does not require counsel to advance frivolous or spurious 2017Thus, we must now decide whether Csaszar’s privately retained counsel provided a “reasonable level of assistance.” Cotto, 2016 IL 119006, ¶ 41 . ¶ 18 Postconviction counsel’s duties to provide reasonable assistance “include consultation with the defendant to ascertain his contentions of deprivation of constitutional right, examination of the record of the proceedings at the trial, and amendment of the petition, if necessary, to ensure that defendant’s contentions are adequately presented. [Citation.] Fulfillment of the third obligation does not require counsel to advance frivolous or spurious | 3 | 3 |
People v. Richmondgreen2 sentences2016Our supreme court recently clarified that “[a]lthough Rule 651(c) applies only to a postconviction petition initially filed by a pro se defendant ([People v. Richmond, 188 Ill. 2d 376, 381 (1999)]),” the court “never conditioned the reasonable level of assistance standard [under the Act] on the applicability of [Rule 651(c)].” People v. Cotto, 2016 IL 119006, ¶ 41 . 2016Although Rule 651(c) applies only to a postconviction petition initially filed by a pro se defendant (Richmond, 188 Ill. 2d at 381 ), this court has never conditioned the reasonable level of assistance standard on the applicability of that rule. | 2 | 5 |
People v. Turnergreen2 sentences2023In addition, the Act, which applies to all postconviction petitions, requires postconviction counsel to provide a reasonable level of assistance to a defendant, including privately retained attorneys. 725 ILCS 5/122-1(b), 122-4 (West 2010); People v. Turner, 187 Ill. 2d 406, 410 (1999) (without qualification determining that the Act and Rule 651 together ensure that postconviction petitioners in this state receive a reasonable level of assistance by counsel in postconviction proceedings (citing Owens, 139 Ill. 2d at 364 )); Cotto, 2016 IL 119006, ¶ 41 (determining that this court has treated t 2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si | 2 | 2 |
People v. Greergreen1 sentence2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si | 1 | 1 |
People v. Johnsongreen1 sentence2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si | 1 | 1 |
People v. Williamsgreen1 sentence2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si | 1 | 1 |
People v. Mooregreen1 sentence2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si | 1 | 1 |
People v. Mitchellgreen1 sentence2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si | 1 | 1 |
People v. McNealgreen1 sentence2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si | 1 | 1 |
People v. Davisgreen1 sentence2014People v. Davis, 156 Ill. 2d 149, 162 (1993), for instance, does not mention the reasonable-level-of-assistance standard, much less discuss its relationship with Rule 651(c). | 1 | 1 |
People v. Landergreen1 sentence2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si | 1 | 1 |
| People v. Simpsongreen | 1 | 1 |
People v. Munsongreen1 sentence2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si | 1 | 1 |
People v. Wrightgreen1 sentence2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si | 1 | 1 |
People v. De La Pazgreen1 sentence2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si | 1 | 1 |
People v. Lylesgreen1 sentence2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si | 1 | 1 |
People v. Johnsongreen1 sentence2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si | 1 | 1 |
People v. Thomasgreen1 sentence2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si | 1 | 1 |
People v. Floresgreen2 sentences2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si 2014See also Flores, 153 Ill. 2d at 276 (discussing reasonable-level-of-assistance standard independently of Rule 651(c)). ¶ 28 Our appellate court has also suggested that defendants may raise a freestanding reasonable-level-of-assistance claim. | 1 | 1 |
People v. Perkinsgreen2 sentences2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si 2014In People v. Perkins, 229 Ill. 2d 34, 44 (2007), for instance, our supreme court applied both the reasonable- level-of-assistance standard and Rule 651(c) to hold that “[a]n adequate or proper presentation of a petitioner’s substantive claims necessarily includes attempting to overcome procedural bars, including timeliness, that will result in dismissal of a petition if not rebutted.” It is difficult to imagine why counsel appointed or retained at the second stage would be required to attempt to overcome a procedural bar, while counsel retained through the first and second stages would not. ¶ | 1 | 1 |
People v. Guestgreen1 sentence2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si | 1 | 1 |
People v. Pinkonslygreen1 sentence2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si | 1 | 1 |
People v. Kegelgreen2 sentences2014See People v. Wright, 149 Ill. 2d 36, 64 (1992) (postconviction defendants are entitled to a reasonable level of assistance); People v. Flores, 153 Ill. 2d 264, 276 (1992) (same); People v. Guest, 166 Ill. 2d 381, 412 (1995) (same); People v. Williams, 186 Ill. 2d 55, 60 (1999) (same); Turner, 187 Ill. 2d at 410 (same); People v. Mitchell, 189 Ill. 2d 312, 358 (2000) (same); People v. Moore, 189 Ill. 2d 521, 541 (2000) (same); People v. Johnson, 191 Ill. 2d 257, 270 (2000); People v. Johnson, 192 Ill. 2d 202, 207 (2000) (same); People v. McNeal, 194 Ill. 2d 135, 142 (2000) (same); People v. Si 2014Kegel, 392 Ill. | 1 | 1 |
People v. Doggettgreen1 sentence2014See, e.g., Doggett, 255 Ill. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Anguiano
green
2 sentences2016Anguiano, 2013 IL App (1st) 113458, ¶¶ 26-28 . ¶ 40 The court in Anguiano also observed that the reasonable level of assistance standard was not subject to the same limitation of Rule 651(c) because the Act generally requires a reasonable level of assistance and applies to all petitions, unlike Rule 651(c). 2016Anguiano, 2013 IL App (1st) 113458, ¶ 40 . ¶ 41 We agree with defendant that Anguiano best comports with this court’s jurisprudence on the reasonable level of assistance standard. | 3 | 2016–2016 |
People v. Custer
green
1 sentence2025The reasonable level of assistance standard is “significantly lower than the one mandated at trial by our state and federal constitutions,” see People v. Custer, 2019 IL 123339, ¶ 30 . ¶ 20 To ensure the reasonable assistance standard is met, Rule 651(c) imposes three duties on postconviction counsel. | 1 | 2025–2025 |
People v. Huff
green
1 sentence2025People v. Huff, 2024 IL 128492, ¶ 22 . | 1 | 2025–2025 |
People v. Owens
green
1 sentence2023In addition, the Act, which applies to all postconviction petitions, requires postconviction counsel to provide a reasonable level of assistance to a defendant, including privately retained attorneys. 725 ILCS 5/122-1(b), 122-4 (West 2010); People v. Turner, 187 Ill. 2d 406, 410 (1999) (without qualification determining that the Act and Rule 651 together ensure that postconviction petitioners in this state receive a reasonable level of assistance by counsel in postconviction proceedings (citing Owens, 139 Ill. 2d at 364 )); Cotto, 2016 IL 119006, ¶ 41 (determining that this court has treated t | 1 | 2023–2023 |
People v. Johnson
green
1 sentence2023In addition, the Act, which applies to all postconviction petitions, requires postconviction counsel to provide a reasonable level of assistance to a defendant, including privately retained attorneys. 725 ILCS 5/122-1(b), 122-4 (West 2010); People v. Turner, 187 Ill. 2d 406, 410 (1999) (without qualification determining that the Act and Rule 651 together ensure that postconviction petitioners in this state receive a reasonable level of assistance by counsel in postconviction proceedings (citing Owens, 139 Ill. 2d at 364 )); Cotto, 2016 IL 119006, ¶ 41 (determining that this court has treated t | 1 | 2023–2023 |
People v. Csaszar
green
1 sentence2014Nor did the court offer any policy reasons for providing a reasonable level of assistance to second-stage defendants who were appointed counsel, but denying that guarantee to second-stage defendants who retained counsel at the first and second stages. ¶ 37 The Csaszar court asserted that the reasonable-level-of-assistance standard should be interpreted “under Supreme Court Rule 651(c).” Csaszar, 2013 IL App (1st) 100467, ¶ 16 . | 1 | 2014–2014 |
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.