available peremptory challenge (Illinois) · Go Syfert
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available peremptory challenge in Illinois

14 Illinois opinions name it 2 courts 1993–2026 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 (6)

CaseFollowedCited
People v. Metcalfegreen
ill · 2002 · cited in 3 Illinois opinions naming this issue, 2017–2024
2 sentences

2024People v. Terrell, 185 Ill. 2d 467, 489 (1998); People v. Bishop, 218 Ill. 2d 232, 251 (2006). ¶ 31 A. For Cause Challenge ¶ 32 Defendant argues that the trial court abused its discretion because Jerry H. “stated repeatedly that he would be biased against” defendant and the trial court “allowed many jurors who expressed a similar reluctance to serve to be excused.” The State asserts that the defendant affirmatively waived his objection to Jerry H. by “failing to exercise an available peremptory challenge” to remove him. ¶ 33 “It is well established that the failure of defense counsel to challe

2017People v. Metcalfe, 202 Ill. 2d 544, 561-62 (2002).

33
People v. Bowmangreen
illappct · 2001 · cited in 3 Illinois opinions naming this issue, 2002–2026
2 sentences

2002In Bowman , the appellate court held that the decision to exercise an available peremptory challenge is a strategic one, and further held that the defendant had failed to show that his counsel’s decisions “questionable as they might be, were not tactical and a matter of jury selection strategy.” Bowman , 325 Ill.

2002In Bowman, the appellate court held that the decision to exercise an available peremptory challenge is a strategic one, and further held that the defendant had failed to show that his counsel’s decisions “questionable as they might be, were not tactical and a matter of jury selection strategy.” Bowman, 325 Ill.

13
People v. Bowensgreen
illappct · 2011 · cited in 2 Illinois opinions naming this issue, 2021–2024
2 sentences

2024Id.

2021People v. Bowens, 407 Ill.

12
People v. Terrellgreen
ill · 1998 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024People v. Terrell, 185 Ill. 2d 467, 489 (1998); People v. Bishop, 218 Ill. 2d 232, 251 (2006). ¶ 31 A. For Cause Challenge ¶ 32 Defendant argues that the trial court abused its discretion because Jerry H. “stated repeatedly that he would be biased against” defendant and the trial court “allowed many jurors who expressed a similar reluctance to serve to be excused.” The State asserts that the defendant affirmatively waived his objection to Jerry H. by “failing to exercise an available peremptory challenge” to remove him. ¶ 33 “It is well established that the failure of defense counsel to challe

11
People v. MacRigreen
ill · 1998 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024People v. Terrell, 185 Ill. 2d 467, 489 (1998); People v. Bishop, 218 Ill. 2d 232, 251 (2006). ¶ 31 A. For Cause Challenge ¶ 32 Defendant argues that the trial court abused its discretion because Jerry H. “stated repeatedly that he would be biased against” defendant and the trial court “allowed many jurors who expressed a similar reluctance to serve to be excused.” The State asserts that the defendant affirmatively waived his objection to Jerry H. by “failing to exercise an available peremptory challenge” to remove him. ¶ 33 “It is well established that the failure of defense counsel to challe

11
People v. Bishopgreen
ill · 2006 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024People v. Terrell, 185 Ill. 2d 467, 489 (1998); People v. Bishop, 218 Ill. 2d 232, 251 (2006). ¶ 31 A. For Cause Challenge ¶ 32 Defendant argues that the trial court abused its discretion because Jerry H. “stated repeatedly that he would be biased against” defendant and the trial court “allowed many jurors who expressed a similar reluctance to serve to be excused.” The State asserts that the defendant affirmatively waived his objection to Jerry H. by “failing to exercise an available peremptory challenge” to remove him. ¶ 33 “It is well established that the failure of defense counsel to challe

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 (9)

CaseCitedYears
People v. Perry green
ill · 2007
2 sentences

2017Perry, 224 Ill. 2d at 342 . ¶ 48 The decision to exercise an available peremptory challenge is a strategic one and generally not subject to scrutiny under Strickland.

2017Perry, 224 Ill. 2d at 342 . ¶ 48 The decision to exercise an available peremptory challenge is a strategic one and generally not subject to scrutiny under Strickland.

22017–2017
People v. Wilson green
illappct · 1999
2 sentences

2001Wilson, 303 Ill.

2001Wilson , 303 Ill.

22001–2001
United States v. Cronic green
scotus · 1984
2 sentences

1999Defendant maintains these alleged errors are so egregious that this court can presume ineffective assistance pursuant to United States v. Cronic, 466 U.S. 648 , 80 L.

1999Defendant maintains these alleged errors are so egregious that this court can presume ineffective assistance pursuant to United States v. Cronic, 466 U.S. 648 , 80 L.

21999–1999
People v. Martin green
illappct · 1995
2 sentences

1999Martin, 271 Ill.

1999Martin, 271 Ill.

21999–1999
Strickland v. Washington green
scotus · 1984
1 sentence

2020In addition, defendant argues that his counsel was ineffective when he failed to request a jury instruction on the justified use of force by a private person in making a citizen’s arrest where the theory of the defense was that defendant justifiably discharged his firearm while attempting to catch the person whom he believed had committed a home invasion and then threated his life afterward on the street. ¶ 40 To establish that trial counsel was ineffective, the defendant must satisfy the standard articulated in Strickland v. Washington, 466 U.S. 668 (1984).

12020–2020
People v. Rinehart green
ill · 2012
1 sentence

2018Defense counsel did not use an available peremptory challenge against juror J.W. ¶ 94 In People v. Rinehart , 2012 IL 111719 , 356 Ill.Dec. 759 , 962 N.E.2d 444 , our supreme court discussed the right to an impartial jury encompassed within the constitutional right to a jury trial.

12018–2018
People v. Rinehart green
ill · 2012
2 sentences

2018Defense counsel did not use an available peremptory challenge against juror J.W. ¶ 94 In People v. Rinehart , 2012 IL 111719 , 356 Ill.Dec. 759 , 962 N.E.2d 444 , our supreme court discussed the right to an impartial jury encompassed within the constitutional right to a jury trial.

2018Defense counsel did not use an available peremptory challenge against juror J.W. ¶ 94 In People v. Rinehart , 2012 IL 111719 , 356 Ill.Dec. 759 , 962 N.E.2d 444 , our supreme court discussed the right to an impartial jury encompassed within the constitutional right to a jury trial.

12018–2018
People v. Johnson green
illappct · 1987
1 sentence

1993App. 3d 952, 955 , 516 N.E.2d 343, 345 .) Similarly, such an issue will be considered waived for purposes of appeal if the defendant failed to exercise an available peremptory challenge to exclude the objectionable juror.

11993–1993
People v. Brooks green
illappct · 1989
1 sentence

1993People v. Brooks (1989), 185 Ill.

11993–1993

Statutes the citing opinions construe

IL § 730 ILCS 5/5-8-1 (4) IL § 720 ILCS 5/9-1 (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

IL 14 (1993–2026) CA 9 (2003–2016) WA 6 (1974–2022) NY 5 (1985–2022) LA 2 (2007–2012) FL 2 (1983–2024) NJ 2 (1998–2021)

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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