State must prove violation (Illinois) · Go Syfert
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State must prove violation in Illinois

15 Illinois opinions name it 2 courts 1973–2025 7 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 (7)

CaseFollowedCited
People v. Duplessisgreen
illappct · 1993 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010The State must prove a violation of probation by a preponderance of the evidence. 730 ILCS 5/5-6-4(c) (West 2006); People v. Duplessis, 248 Ill.App.3d 195, 200 , 188 Ill.Dec. 522 , 618 N.E.2d 1092 (1993).

2010The State must prove a violation of probation by a preponderance of the evidence. 730 ILCS 5/5-6-4(c) (West 2006); People v. Duplessis, 248 Ill.App.3d 195, 200 , 188 Ill.Dec. 522 , 618 N.E.2d 1092 (1993).

22
In Re Justin MBgreen
ill · 2003 · cited in 2 Illinois opinions naming this issue, 2009–2009
2 sentences

2009In re Justin M.B., 204 Ill. 2d 120 , 125, 787 N.E.2d 823 , 826 (2003); 705 ILCS 405/5 — 720(3) (West 2008).

2009In re Justin M.B., 204 Ill. 2d 120 , 125, 787 N.E.2d 823 , 826 (2003); 705 ILCS 405/5 — 720(3) (West 2008).

22
People v. Lovegreen
illappct · 2010 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023“A proposition is proved by a preponderance of the evidence when the proposition is more probably true than not true.” People v. Love, 404 Ill.

11
People v. Seth S.green
illappct · 2009 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022In re Seth S., 396 Ill.

11
People v. Colongreen
ill · 2007 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022People v. Colon, 225 Ill. 2d 125, 156-57 (2007) (citing 730 ILCS 5/5-6-4(c) (West 2002)).

11
People v. Cortesgreen
ill · 1998 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Defendant argues that the State must prove the error harmless beyond a reasonable doubt, citing People v. Cortes, 181 Ill. 2d 249, 285 (1998) (determining the error was “harmless beyond a reasonable doubt” and stating that “the evidence must be so prejudicial as to deny the defendant a fair trial, i.e., it must have been a material factor in his conviction such that without the evidence the verdict likely would have been different”).

11
People v. Childsgreen
ill · 1994 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012See Childs, 159 Ill. 2d at 228 .

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. Peterson green
ill · 2017
2 sentences

2025Peterson, 2017 IL 120331, ¶ 37 .

2025Peterson, 2017 IL 120331, ¶ 37 .

22025–2025
People v. Oliver neutral
illappct · 2012
1 sentence

2023If he properly preserves the issue for review, the State must prove the violation harmless beyond a reasonable doubt. [Citation.] The Bean analysis, placing the burden on the defendant to further show prejudice due to the violation of his constitutional right to presence at trial, applies only when the defendant has failed to preserve the issue for review, so that the defendant must prove that the constitutional error amounted to plain error.” People v. Oliver, 2012 IL App (1st) 102531, ¶ 21 . ¶ 60 2.

12023–2023
People v. Hoyt green
illappct · 1984
2 sentences

1993Dec. 608 , 472 N.E.2d 568 .) In a probation revocation proceeding, the State must prove a violation of probation by a preponderance of the evidence, while using only competent evidence.

1993App. 3d 331 , 472 N.E.2d 568 .) In a probation revocation proceeding, the State must prove a violation of probation by a preponderance of the evidence, while using only competent evidence.

11993–1993
People v. Reynolds green
illappct · 1980
2 sentences

1993People v. Reynolds (1980), 91 Ill.App.3d 683 , 47 Ill.Dec. 680 , 415 N.E.2d 685 .

1993People v. Reynolds (1980), 91 Ill.

11993–1993
People v. Cooper green
ill · 1977
2 sentences

1993(People v. Cooper (1977), 66 Ill. 2d 509, 514 , 363 N.E.2d 817 .) To reverse a trial court’s ruling of a violation of probation, the reviewing court must find that the ruling was against the manifest weight of the evidence.

1993(People v. Cooper (1977), 66 Ill. 2d 509, 514 , 363 N.E.2d 817 .) To reverse a trial court’s ruling of a violation of probation, the reviewing court must find that the ruling was against the manifest weight of the evidence.

11993–1993
The PEOPLE v. Crowell neutral
illappct · 1971
1 sentence

1973(People v. Crowell, 1 Ill.App.3d 868 , 276 N.E.2d 509 ; People v. Dotson, 111 Ill.App.2d 306 , 250 N.E.2d 174 .) The credibility of witnesses and the weight to be given their evidence are matters for the finder of fact and should not be disturbed except where the evidence is so unsatisfactory as not to sustain the burden of proof.

11973–1973
People v. Barnes green
illappct · 1971
1 sentence

1973(People v. Crowell, 1 Ill.App.3d 868 , 276 N.E.2d 509 ; People v. Dotson, 111 Ill.App.2d 306 , 250 N.E.2d 174 .) The credibility of witnesses and the weight to be given their evidence are matters for the finder of fact and should not be disturbed except where the evidence is so unsatisfactory as not to sustain the burden of proof.

11973–1973
People v. Dotson neutral
illappct · 1969
2 sentences

1973(People v. Crowell, 1 Ill.App.3d 868 , 276 N.E.2d 509 ; People v. Dotson, 111 Ill.App.2d 306 , 250 N.E.2d 174 .) The credibility of witnesses and the weight to be given their evidence are matters for the finder of fact and should not be disturbed except where the evidence is so unsatisfactory as not to sustain the burden of proof.

1973(People v. Crowell, 1 Ill.App.3d 868 , 276 N.E.2d 509 ; People v. Dotson, 111 Ill.App.2d 306 , 250 N.E.2d 174 .) The credibility of witnesses and the weight to be given their evidence are matters for the finder of fact and should not be disturbed except where the evidence is so unsatisfactory as not to sustain the burden of proof.

11973–1973

Statutes the citing opinions construe

IL § 720 ILCS 5/9-1 (3) IL § 730 ILCS 5/5-6-4 (3)

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 64 (1980–2026) IN 23 (1979–2026) IL 15 (1973–2025) WA 12 (2002–2025) AR 10 (2016–2025) WI 5 (1999–2021) CT 4 (1987–2017) KS 4 (2020–2022) FL 4 (1988–2025) IA 4 (1991–2019) OR 3 (2026–2026) AZ 3 (1982–2020) SD 3 (2002–2013) NE 3 (1989–2014) CA 2 (2006–2011) MS 2 (1992–1996) ND 2 (2013–2014) NC 2 (2003–2012) NJ 2 (1990–2020)

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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