third-stage postconviction evidentiary hearing (Illinois) · Go Syfert
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third-stage postconviction evidentiary hearing in Illinois

14 Illinois opinions name it 1 courts 2016–2025 9 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 (3)

CaseFollowedCited
People v. Cejagreen
ill · 2003 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025People v. Ceja, 204 Ill. 2d 332, 358 (2003). ¶ 55 A reviewing court will not reverse a trial court’s findings regarding credibility determinations or fact finding after a third-stage postconviction evidentiary hearing unless the findings are manifestly erroneous.

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

2022See People v. Hillis, 2021 IL App (2d) 190184-U, ¶¶ 2, 99, 102 (reversing second-stage dismissal of claim that appellate counsel was ineffective for failing to argue on direct appeal that trial court conducted an improper Krankel inquiry, and remanding for third-stage evidentiary hearing on that claim); see also People v. Lara, 317 Ill.

11
People v. Colemangreen
ill · 1998 · cited in 1 Illinois opinions naming this issue, 2016–2016
1 sentence

2016See id. (manifestly erroneous standard applies in review of a third- stage postconviction evidentiary hearing).

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. Domagala green
ill · 2013
2 sentences

2023“At this stage, the circuit court must determine whether the evidence introduced demonstrates that the petitioner is, in fact, entitled to relief.” People v. Domagala, 2013 IL 113688, ¶ 34 .

2023“At this stage, the circuit court must determine whether the evidence introduced demonstrates that the petitioner is, in fact, entitled to relief.” People v. Domagala, 2013 IL 113688, ¶ 34 .

22023–2023
People v. Rosalez green
illappct · 2021
2 sentences

2022He argues that the import of Diane’s proposed testimony is “that D.J. had failed to deny a direct accusation of perjury.” According to defendant, -7- 2022 IL App (2d) 210596-U the evidence was (1) newly discovered because it was unavailable at the time of trial, (2) material because D.J.’s testimony “was the linchpin of [defendant’s] convictions,” and (3) noncumulative because it contradicted D.J.’s trial testimony. ¶ 26 “The Act provides a mechanism by which criminal defendants may assert that their convictions or sentences were the result of a substantial violation of their constitutional ri

2022He argues that Elva’s proposed testimony was (1) newly discovered evidence because it was unavailable at the time of trial, (2) material, (3) noncumulative, and (4) of such conclusive character that it was likely to change the result on retrial. ¶ 45 “The Act provides a mechanism by which criminal defendants may assert that their convictions or sentences were the result of a substantial violation of their constitutional rights.” People v. Rosalez, 2021 IL App (2d) 200086, ¶ 89 .

22022–2022
People v. Patterson green
ill · 2000
2 sentences

2018Patterson, 192 Ill. 2d at 145 .

2017Patterson , 192 Ill. 2d at 145 , 249 Ill.Dec. 12 , 735 N.E.2d 616 .

22017–2018
People v. Reyes green
illappct · 2025
2 sentences

2025CONCLUSION ¶ 36 For the reasons stated, this cause is remanded to the circuit court of Kane County with directions to reopen the third-stage postconviction evidentiary hearing for the limited purposes specified in this order. ¶ 37 Remanded with directions. - 14 - 2025 IL App (2d) 240172 People v. Reyes, 2025 IL App (2d) 240172 Decision Under Review: Appeal from the Circuit Court of Kane County, No. 07-CF- 1821; the Hon.

2025CONCLUSION ¶ 36 For the reasons stated, this cause is remanded to the circuit court of Kane County with directions to reopen the third-stage postconviction evidentiary hearing for the limited purposes specified in this order. ¶ 37 Remanded with directions. - 14 - 2025 IL App (2d) 240172 People v. Reyes, 2025 IL App (2d) 240172 Decision Under Review: Appeal from the Circuit Court of Kane County, No. 07-CF- 1821; the Hon.

12025–2025
People v. House green
illappct · 2023
1 sentence

2025People v. House, 2023 IL App (4th) 220891, ¶ 78 .

12025–2025
People v. Harris green
illappct · 2021
1 sentence

2023This omission is despite defendant’s reliance on Harris, which held that the “circuit court acts as the finder of fact at the [third stage] evidentiary hearing, resolving any conflicts in the evidence and determining the credibility of witnesses and weight to be given their testimony.” Harris, 2021 IL App (1st) 182172, ¶ 49 .

12023–2023
People v. Pursley green
illappct · 2022
1 sentence

2022While the trial court held only a nonevidentiary hearing on Pursley’s petition for a certificate of innocence, it also - 19 - 2022 IL App (2d) 210558 presided over the third-stage postconviction evidentiary hearing and Pursley’s retrial.

12022–2022
People v. Steidl green
· 1997
1 sentence

2020Steidl, 177 Ill. 2d at 261 . -8- ¶ 35 The instant case presents the same situation present in Steidl.

12020–2020
People v. Christian green
illappct · 2016
1 sentence

2016That referral allows a defendant to bypass the normal first two stages in the postconviction process and advance to a proceeding “akin to” a third-stage postconviction evidentiary hearing (Christian, 2016 IL App (1st) 140030, ¶ 78 ).

12016–2016

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (8) IL § 725 ILCS 5/122-4 (4) IL § 720 ILCS 5/9-1 (3) IL § 725 ILCS 5/122-5 (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.

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