res judicata may be relaxed doctrine (Illinois) · Go Syfert
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res judicata may be relaxed doctrine in Illinois

15 Illinois opinions name it 2 courts 1984–2025 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.

Followed or applied (4)

CaseFollowedCited
People v. Pattersongreen
ill · 2000 · cited in 4 Illinois opinions naming this issue, 2003–2025
2 sentences

2025Id. ¶ 36 Notably, however, unlike a petitioner with an actual innocence claim, which asserts that the new evidence itself is so conclusive that it would probably change the result upon retrial, a petitioner with a coerced confession claim simply attempts to bolster that claim with newly discovered evidence.

2022See People v. Holman, 191 Ill. 2d 204, 210 (2000); People v. Patterson, 192 Ill. 2d 93, 139 (2000) (“We have recognized [] that, in the interests of fundamental fairness, the doctrine of res judicata can be relaxed if the defendant presents substantial new evidence.”).

14
People v. Kinggreen
ill · 2000 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023People v. King, 192 Ill. 2d 189, 193 (2000); People v. Emerson, 153 Ill. 2d 100, 108 (1992) (“In a proper case, where fundamental fairness so requires, strict application of the doctrine of res judicata may be relaxed.”).

11
People v. Emersongreen
ill · 1992 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023People v. King, 192 Ill. 2d 189, 193 (2000); People v. Emerson, 153 Ill. 2d 100, 108 (1992) (“In a proper case, where fundamental fairness so requires, strict application of the doctrine of res judicata may be relaxed.”).

11
People v. Holmangreen
ill · 2000 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022See People v. Holman, 191 Ill. 2d 204, 210 (2000); People v. Patterson, 192 Ill. 2d 93, 139 (2000) (“We have recognized [] that, in the interests of fundamental fairness, the doctrine of res judicata can be relaxed if the defendant presents substantial new evidence.”).

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 (12)

CaseCitedYears
The People v. Somerville green
ill · 1969
2 sentences

2001While the strict application of the doctrine of res judicata may be relaxed "where fundamental fairness so requires" ( People v. Somerville , 42 Ill. 2d 1, 4 , 241 N.E.2d 461 (1969)), it appears from the record that the Denaults never raised this issue before the trial court.

2001While the strict application of the doctrine of res judicata may be relaxed “where fundamental fairness so requires” (People v. Somerville, 42 Ill. 2d 1, 4 , 241 N.E.2d 461 (1969)), it appears from the record that the Denaults never raised this issue before the trial court.

41984–2001
People v. Gaines green
ill · 1984
2 sentences

1993“It would be unreasonable to expect appellate counsel to convincingly raise and argue his own incompetency.” {People v. Gaines (1985), 105 Ill. 2d 79, 91 , 473 N.E.2d 868, 875 .) If counsel told defendant that defendant would receive probation even though the plea agreement allowed a maximum of five years defendant may have received ineffective assistance of counsel.

1993“It would be unreasonable to expect appellate counsel to convincingly raise and argue his own incompetency.” {People v. Gaines (1985), 105 Ill. 2d 79, 91 , 473 N.E.2d 868, 875 .) If counsel told defendant that defendant would receive probation even though the plea agreement allowed a maximum of five years defendant may have received ineffective assistance of counsel.

31990–1993
People v. English green
ill · 2013
2 sentences

2023The doctrine of res judicata may be relaxed where fundamental fairness so requires, “where the forfeiture stems from the ineffective assistance of appellate counsel, or where the facts relating to the issue do not appear on the face of the original appellate record.” People v. English, 2013 IL 112890, ¶ 22 .

2022The doctrine of res judicata may be relaxed when “fundamental fairness so requires.” English, 2013 IL 112890, ¶ 22 .

22022–2023
People v. House green
ill · 2021
1 sentence

2022Defendant focuses on the decisions in People v. Harris, 2018 IL 121932 , People v. House, 2021 IL 125124 , and People v. Wilson, 2022 IL App (1st) 192048 , to argue in support of fundamental fairness.

12022–2022
People v. Harris green
ill · 2018
1 sentence

2022Defendant focuses on the decisions in People v. Harris, 2018 IL 121932 , People v. House, 2021 IL 125124 , and People v. Wilson, 2022 IL App (1st) 192048 , to argue in support of fundamental fairness.

12022–2022
People v. Neal green
ill · 1990
1 sentence

1994It has been recognized, however, that "[i]n a proper case, where fundamental fairness so requires, strict application of the doctrine of res judicata may be relaxed.” (People v. Neal (1990), 142 Ill. 2d 140, 146 .) This "fundamental fairness” exception has been applied most typically where the right relied upon in the post-conviction proceedings has been recognized for the first time after the direct appeal.

11994–1994
The People v. Ikerd green
ill · 1970
1 sentence

1994(See People v. Ikerd (1970), 47 Ill. 2d 211, 212 ; People v. Mitchell (1991), 221 Ill.

11994–1994
People v. Mitchell green
illappct · 1991
1 sentence

1994(See People v. Ikerd (1970), 47 Ill. 2d 211, 212 ; People v. Mitchell (1991), 221 Ill.

11994–1994
People v. Stewart green
ill · 1988
1 sentence

1990(People v. Stewart (1988), 123 Ill. 2d 368, 375-76 ; People v. Jones (1985), 109 Ill. 2d 19, 23 .) In a proper case, where fundamental fairness so requires, strict application of the doctrine of res judicata may be relaxed.

11990–1990
People v. Jones green
ill · 1985
1 sentence

1990(People v. Stewart (1988), 123 Ill. 2d 368, 375-76 ; People v. Jones (1985), 109 Ill. 2d 19, 23 .) In a proper case, where fundamental fairness so requires, strict application of the doctrine of res judicata may be relaxed.

11990–1990
The PEOPLE v. Hamby neutral
ill · 1968
2 sentences

1984This court has recognized that “where all of counsel’s alleged trial errors and other facts relating to the issue of incompetency of his representation appear on the face of the record, that issue could properly be deemed res judicata.” (People v. Somerville (1969), 42 Ill. 2d 1, 4 .) The strict application of the doctrine of res judicata may be relaxed, however, “where fundamental fairness so requires.” (People v. Burns (1979), 75 Ill. 2d 282, 290 ; People v. Hamby (1968), 39 Ill. 2d 290, 291 .) In the case at bar, the same attorney represented the defendant at trial and on direct appeal in t

1984This court has recognized that "where all of counsel's alleged trial errors and other facts relating to the issue of incompetency of his representation appear on the face of the record, that issue could properly be deemed res judicata." ( People v. Somerville (1969), 42 Ill.2d 1, 4 .) The strict application of the doctrine of res judicata may be relaxed, however, "where fundamental fairness so requires." ( People v. Burns (1979), 75 Ill.2d 282, 290 ; People v. Hamby (1968), 39 Ill.2d 290, 291 .) In the case at bar, the same attorney represented the defendant at trial and on direct appeal in th

11984–1984
People v. Burns green
ill · 1979
2 sentences

1984This court has recognized that “where all of counsel’s alleged trial errors and other facts relating to the issue of incompetency of his representation appear on the face of the record, that issue could properly be deemed res judicata.” (People v. Somerville (1969), 42 Ill. 2d 1, 4 .) The strict application of the doctrine of res judicata may be relaxed, however, “where fundamental fairness so requires.” (People v. Burns (1979), 75 Ill. 2d 282, 290 ; People v. Hamby (1968), 39 Ill. 2d 290, 291 .) In the case at bar, the same attorney represented the defendant at trial and on direct appeal in t

1984This court has recognized that "where all of counsel's alleged trial errors and other facts relating to the issue of incompetency of his representation appear on the face of the record, that issue could properly be deemed res judicata." ( People v. Somerville (1969), 42 Ill.2d 1, 4 .) The strict application of the doctrine of res judicata may be relaxed, however, "where fundamental fairness so requires." ( People v. Burns (1979), 75 Ill.2d 282, 290 ; People v. Hamby (1968), 39 Ill.2d 290, 291 .) In the case at bar, the same attorney represented the defendant at trial and on direct appeal in th

11984–1984

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (7) IL § 725 ILCS 5/122-2.1 (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.

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