valid subsequent hearing (Illinois) · Go Syfert
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valid subsequent hearing in Illinois

13 Illinois opinions name it 1 courts 1980–2026 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. Greenegreen
illappct · 1981 · cited in 4 Illinois opinions naming this issue, 1983–2016
2 sentences

2016A defendant is unfit to -6- stand trial if a mental or physical condition prevents him from understanding the nature and purpose of the proceedings against him or assisting in his defense. 725 ILCS 5/104-10 (West 2012). “[W]here a defendant was previously adjudicated to be unfit to stand trial, a presumption exists that the condition of unfitness remains until the defendant has been adjudicated to be fit at a valid subsequent hearing.” Gipson, 2015 IL App (1st) 122451, ¶ 29 (citing People v. Greene, 102 Ill.

2015People v. Greene, 102 Ill.

34
People v. Thompsongreen
illappct · 1987 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000App. 3d 860, 865 , 511 N.E.2d 993, 996 (1987) (presumption of unfitness continues until there has been a valid subsequent hearing adjudicating defendant fit).

2000App. 3d 860, 865 , 511 N.E.2d 993, 996 (1987) (presumption of unfitness continues until there has been a valid subsequent hearing adjudicating defendant fit).

22
People v. Johnsongreen
illappct · 1973 · cited in 2 Illinois opinions naming this issue, 1980–1987
2 sentences

1987(People v. Johnson (1973), 15 Ill.

1980(People v. Johnson (1973), 15 Ill.

22
People v. Gipsongreen
illappct · 2015 · cited in 2 Illinois opinions naming this issue, 2016–2026
2 sentences

2026This typical response is exactly what defendant gave when he was questioned about waiving his right to a jury trial. ¶ 47 “[W]here a defendant was previously adjudicated to be unfit to stand trial, a presumption exists that the condition of unfitness remains until the defendant has been adjudicated to be fit at a valid subsequent hearing.” Gipson, 2015 IL App (1st) 122451, ¶ 29 .

2016A defendant is unfit to -6- stand trial if a mental or physical condition prevents him from understanding the nature and purpose of the proceedings against him or assisting in his defense. 725 ILCS 5/104-10 (West 2012). “[W]here a defendant was previously adjudicated to be unfit to stand trial, a presumption exists that the condition of unfitness remains until the defendant has been adjudicated to be fit at a valid subsequent hearing.” Gipson, 2015 IL App (1st) 122451, ¶ 29 (citing People v. Greene, 102 Ill.

12
People v. Herrongreen
ill · 2005 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See 725 ILCS 5/104-20(a) (West 2018)). “[W]here a defendant was previously adjudicated to be unfit to stand trial, a presumption exists that the condition of unfitness remains until the defendant has been adjudicated to be fit at a valid subsequent hearing.” Id.

11
People v. Contornogreen
illappct · 2001 · cited in 1 Illinois opinions naming this issue, 2016–2016
1 sentence

2016App. 3d 639, 641-42 (1981)). ¶ 21 “Normally, a trial court’s decision that a defendant is fit to stand trial will not be reversed absent an abuse of discretion.” People v. Contorno, 322 Ill.

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 (5)

CaseCitedYears
People v. Williams green
illappct · 1980
2 sentences

1987App. 3d 608, 612 , 415 N.E.2d 1192 .) This presumption continues until there has been a valid subsequent hearing adjudicating him fit.

1983(People v. McKinstray (1964), 30 Ill. 2d 611 , 198 N.E.2d 829 ; People v. Williams (1980), 92 Ill.

31981–1987
People v. Gillon green
illappct · 2016
1 sentence

2021Id.

12021–2021
The People v. McKinstray green
ill · 1964
2 sentences

1983(People v. McKinstray (1964), 30 Ill. 2d 611 , 198 N.E.2d 829 ; People v. Williams (1980), 92 Ill.

1983(People v. McKinstray (1964), 30 Ill. 2d 611 , 198 N.E.2d 829 ; People v. Williams (1980), 92 Ill.

11983–1983
People v. Santoro neutral
illappct · 1973
1 sentence

1981App. 3d 426 , 301 N.E.2d 175 (abstract).) This presumption continues until there has been a valid subsequent hearing adjudicating him fit.

11981–1981
People Ex Rel. Suddeth v. Rednour green
ill · 1965
2 sentences

1980Suddeth v. Rednour (1965), 33 Ill. 2d 278, 285 , 211 N.E.2d 281 .) This presumption continues until there has been a valid subsequent hearing adjudicating him fit.

1980Suddeth v. Rednour (1965), 33 Ill. 2d 278, 285 , 211 N.E.2d 281 .) This presumption continues until there has been a valid subsequent hearing adjudicating him fit.

11980–1980

Statutes the citing opinions construe

IL § 725 ILCS 5/104-10 (4) IL § 720 ILCS 5/8-4 (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

IL 13 (1980–2026) VA 2 (2001–2001)

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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