facts pertaining claim (Illinois) · Go Syfert
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facts pertaining claim in Illinois

12 Illinois opinions name it 1 courts 2007–2023 4 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. Edwardsgreen
ill · 2001 · cited in 11 Illinois opinions naming this issue, 2007–2023
2 sentences

2023It would be unreasonable to expect defendant to connect the existing research to himself through specific allegations because, while a pro se defendant may be aware of the facts pertaining to his claim, he will likely “be unaware of the precise legal basis for his claim or legal elements of that claim.” Edwards, 197 Ill. 2d at 245 ; Zumot, 2021 IL App (1st) 191743, 29 (quoting Edwards, 197 Ill. 2d at 245 ).

2023“While in a given case the pro se defendant may be aware of all the facts pertaining to his claim, he will, in all likelihood, be unaware of the precise legal basis for his claim or all the legal elements of that claim.” People v. Edwards, 197 Ill. 2d 239, 245 (2001).

711
People v. Zumotgreen
illappct · 2021 · cited in 1 Illinois opinions naming this issue, 2023–2023
2 sentences

2023It would be unreasonable to expect defendant to connect the existing research to himself through specific allegations because, while a pro se defendant may be aware of the facts pertaining to his claim, he will likely “be unaware of the precise legal basis for his claim or legal elements of that claim.” Edwards, 197 Ill. 2d at 245 ; Zumot, 2021 IL App (1st) 191743, 29 (quoting Edwards, 197 Ill. 2d at 245 ).

2023Indeed, in many cases, a pro se defendant will be “unaware that certain facts, which in his mind are tangential or secondary, are, in fact, critical parts of a complete or valid constitutional claim.” Edwards, 197 Ill. 2d at 245 ; Zumot, 2021 IL App (1st) 191743, 29 (quoting Edwards, 197 Ill. 2d at 245 ).

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 (4)

CaseCitedYears
People v. Myers green
illappct · 2023
1 sentence

2023“It is well established that ‘claims not raised in a petition cannot be argued for the first time on appeal.’ [Citation.] However, as stated above, our supreme court expressed concern that pro se petitions should be given a liberal construction and should be reviewed ‘ “with a lenient eye, allowing borderline cases to proceed.” ’ [Citations.] ‘While in a given case the pro se defendant may be aware of all the facts pertaining to his claim, he will, in all likelihood, be unaware of the precise legal basis for his claim or all the legal elements of that claim.’ [Citation.] It is for this reason

12023–2023
People v. Hodges green
ill · 2009
2 sentences

2023Our supreme court stated that the State’s construction of the petition was “inconsistent with the requirement that a pro se petition be given a liberal construction.” Id.

2023“It is well established that ‘claims not raised in a petition cannot be argued for the first time on appeal.’ [Citation.] However, as stated above, our supreme court expressed concern that pro se petitions should be given a liberal construction and should be reviewed ‘ “with a lenient eye, allowing borderline cases to proceed.” ’ [Citations.] ‘While in a given case the pro se defendant may be aware of all the facts pertaining to his claim, he will, in all likelihood, be unaware of the precise legal basis for his claim or all the legal elements of that claim.’ [Citation.] It is for this reason

12023–2023
People v. Mars green
illappct · 2012
1 sentence

2020Mars, 2012 IL App (2d) 110695, ¶ 32 . ¶ 46 We find support for this conclusion in the case of People v. Thomas, 2014 IL App (2d) 121001 .

12020–2020
People v. Thomas green
illappct · 2014
1 sentence

2020Mars, 2012 IL App (2d) 110695, ¶ 32 . ¶ 46 We find support for this conclusion in the case of People v. Thomas, 2014 IL App (2d) 121001 .

12020–2020

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (8) IL § 725 ILCS 5/122-2.1 (7) IL § 725 ILCS 5/122-3 (5) IL § 725 ILCS 5/122-5 (4) IL § 725 ILCS 5/122-2 (3) IL § 725 ILCS 5/122-6 (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

NE 49 (2022–2026) IL 12 (2007–2023) NM 2 (2022–2022)

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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