defendant has waived any error (Illinois) · Go Syfert
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defendant has waived any error in Illinois

12 Illinois opinions name it 2 courts 1975–2024 1 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 (2)

CaseFollowedCited
People v. Shellstromgreen
ill · 2005 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024See People v. Aceituno, 2022 IL - 10 - App (1st) 172116, ¶¶ 57-58 (holding that, under Jones, blind guilty plea waived challenge to 48- year sentence under Miller or proportionate penalties clause). ¶ 26 The defendant’s second argument on appeal is that the circuit court erred by failing to admonish him under People v. Shellstrom, 216 Ill. 2d 45 (2005), when it evaluated his putative “Motion for Leave to File Post-Conviction Petition” as an initial post-conviction petition.

11
The People v. Sprinklegreen
ill · 1963 · cited in 1 Illinois opinions naming this issue, 1989–1989
1 sentence

1989While in general both an objection at trial and a written post-trial motion raising the issue are required to preserve that issue for review (People v. Enoch (1988), 122 Ill. 2d 176 ), this court has held that a less rigid application of the waiver rule prevails where misconduct of the trial judge is involved (People v. Tyner (1964), 30 Ill. 2d 101, 105 ; People v. Sprinkle (1963), 27 Ill. 2d. 398, 399-400).

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 (15)

CaseCitedYears
People v. Schultz neutral
illappct · 2022
1 sentence

2024He cites to People v. Schultz, 2022 IL App (1st) 200919 - U, ¶¶ 29-30, an unpublished decision of a different division of this court which found that, under Jones, a guilty plea did not preclude an as-applied challenge of a mandatory sentencing scheme. ¶ 25 We are not bound by Schultz, and find that under Jones, the defendant has waived any challenge to his sentence by pleading guilty.

12024–2024
People v. Mata green
illappct · 1993
1 sentence

1994People v. Mata (1993), 243 Ill.

11994–1994
People v. Partin green
ill · 1977
1 sentence

1993(See People v. Partin (1977), 69 Ill. 2d 80, 83 .) The defendant makes no challenge to appellate counsel’s conduct in the direct appeal from the conviction, and accordingly we offer no view in that regard.

11993–1993
People v. Jones green
ill · 1985
1 sentence

1993(See People v. Jones (1985), 109 Ill. 2d 19, 23-24 .) We thus conclude that the defendant has waived any challenge to the representation by trial counsel in the underlying proceedings.

11993–1993
People v. Gray green
illappct · 1988
1 sentence

1992(People v. Gray (1988), 171 Ill.

11992–1992
People v. Bartall green
ill · 1983
1 sentence

1992People v. Bartall (1983), 98 Ill. 2d 294 .

11992–1992
People v. Fisher green
illappct · 1985
1 sentence

1989App. 3d 502 , 481 N.E.2d 1233 .) Accordingly, we find that the defendant has waived any error in the imposition of the street value fine.

11989–1989
People v. Sprinkle green
illappct · 1976
1 sentence

1989App. 3d 740 , 350 N.E.2d 536 .) Accordingly, we find that the defendant has waived any claim of ineffective assistance of counsel and that the prior misdemeanor conviction was properly used to enhance the current offense from a misdemeanor to a felony.

11989–1989
People v. Enoch green
ill · 1988
1 sentence

1989While in general both an objection at trial and a written post-trial motion raising the issue are required to preserve that issue for review (People v. Enoch (1988), 122 Ill. 2d 176 ), this court has held that a less rigid application of the waiver rule prevails where misconduct of the trial judge is involved (People v. Tyner (1964), 30 Ill. 2d 101, 105 ; People v. Sprinkle (1963), 27 Ill. 2d. 398, 399-400).

11989–1989
The PEOPLE v. Tyner green
ill · 1964
1 sentence

1989While in general both an objection at trial and a written post-trial motion raising the issue are required to preserve that issue for review (People v. Enoch (1988), 122 Ill. 2d 176 ), this court has held that a less rigid application of the waiver rule prevails where misconduct of the trial judge is involved (People v. Tyner (1964), 30 Ill. 2d 101, 105 ; People v. Sprinkle (1963), 27 Ill. 2d. 398, 399-400).

11989–1989
People v. Pickett green
ill · 1973
1 sentence

1983(People v. Pickett (1973), 54 Ill. 2d 280, 282 ; People v. Baske (1978), 66 Ill.

11983–1983
People v. Baske green
illappct · 1978
1 sentence

1983(People v. Pickett (1973), 54 Ill. 2d 280, 282 ; People v. Baske (1978), 66 Ill.

11983–1983
People v. Lee green
illappct · 1980
1 sentence

1981(People v. Lee (1980), 84 Ill.

11981–1981
People v. Roberts green
ill · 1979
2 sentences

1980(See People v. Roberts (1979), 75 Ill. 2d 1 , 387 N.E.2d 331 .) The defendant now claims that an instruction as to the definition of “penal institution” was necessary.

1980(See People v. Roberts (1979), 75 Ill. 2d 1 , 387 N.E.2d 331 .) The defendant now claims that an instruction as to the definition of “penal institution” was necessary.

11980–1980
The PEOPLE v. French green
ill · 1965
1 sentence

1975People v. French, 33 Ill.2d 146 .

11975–1975

Where else courts name it

IL 12 (1975–2024) TN 7 (2003–2012) NY 6 (1982–1994) CT 6 (1989–2017) NE 4 (1986–2018) LA 2 (1983–2013) MI 2 (2015–2021) WA 2 (2020–2022) MA 2 (1985–2008)

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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