novel rule (Illinois) · Go Syfert
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novel rule in Illinois

12 Illinois opinions name it 2 courts 1969–2024 2 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
Union Pacific Railroad Company v. Brent Mowergreen
ca9 · 2000 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015Co. v. Mower, 219 F.3d 1069 , 1076 n.7 (9th Cir. 2000) (“This court has not recognized this novel privilege.”); Medina v. County of San Diego, No. 08cv1252, 2014 WL 4793026 , at *7 (S.D.

2015Co. v. Mower, 219 F.3d 1069 , 1076 n.7 (9th Cir. 2000) (“This court has not recognized this novel privilege.”); Medina v. County of San Diego, No. 08cv1252, 2014 WL 4793026 , at *7 (S.D.

22
Dorothy Jean Burden-Meeks and Sheryl Perez v. Dwight Welch and City of Country Club Hills, Appeal Of: Intergovernmental Risk Management Agencygreen
ca7 · 2003 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015Cal. Sept. 25, 2014) (“The Ninth Circuit does not recognize the self-critical analysis privilege.”); Burden-Meeks v. Welch, 319 F.3d 897, 899 (7th Cir. 2003) (referring to the self-critical analysis privilege as “a privilege never recognized in this circuit”).

2015Cal. Sept. 25, 2014) (“The Ninth Circuit does not recognize the self-critical analysis privilege.”); Burden-Meeks v. Welch, 319 F.3d 897, 899 (7th Cir. 2003) (referring to the self-critical analysis privilege as “a privilege never recognized in this circuit”).

22
People v. Turnergreen
ill · 1999 · cited in 1 Illinois opinions naming this issue, 2016–2016
1 sentence

2016See Turner, 187 Ill. 2d at 413 . ¶ 42 By contrast, the majority finds that defendant's pro se allegation is sufficient to alert counsel to raise the novel claim of ineffective assistance of trial counsel.

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 (11)

CaseCitedYears
People v. Holmes green
illappct · 2019
2 sentences

2020The Holmes court ultimately found this “effectively anonymous” tip “did not support a finding of reasonable suspicion” and “reverse[d] the trial court’s denial of [defendant’s] motion to suppress.” Holmes, 2019 IL App (1st) 160987, ¶ 18 . ¶ 30 In our view, the Holmes court unnecessarily provided a novel analysis for “effectively anonymous” informant tips that we find flawed and inapplicable to these facts.

2020The Holmes court ultimately found this “effectively anonymous” tip “did not support a finding of reasonable suspicion” and “reverse[d] the trial court’s denial of [defendant’s] motion to suppress.” Holmes, 2019 IL App (1st) 160987, ¶ 18 . ¶ 30 In our view, the Holmes court unnecessarily provided a novel analysis for “effectively anonymous” informant tips that we find flawed and inapplicable to these facts.

22020–2020
Mulay v. Mulay green
ill · 2007
2 sentences

2008This novel rule not only runs counter to this court’s long-established principles, as repeatedly reiterated in Mulay v. Mulay, 225 Ill. 2d 601 (2007) (citing the list of cases noted in In re E.H.), People v. Hampton, 225 Ill. 2d 238 (2007), In re E.H., 224 Ill. 2d 172 (2006) (including an extensive list of cases dating back to 1910), and People v. Lee, 214 Ill. 2d 476 (2005), but it also reaches this new rule without the benefit of direct argument by the parties, supporting legal precedent, or independent analysis.

2008This novel rule not only runs counter to this court’s long-established principles, as repeatedly reiterated in Mulay v. Mulay, 225 Ill. 2d 601 (2007) (citing the list of cases noted in In re E.H.), People v. Hampton, 225 Ill. 2d 238 (2007), In re E.H., 224 Ill. 2d 172 (2006) (including an extensive list of cases dating back to 1910), and People v. Lee, 214 Ill. 2d 476 (2005), but it also reaches this new rule without the benefit of direct argument by the parties, supporting legal precedent, or independent analysis.

22008–2008
In Re EH green
ill · 2006
2 sentences

2008This novel rule not only runs counter to this court’s long-established principles, as repeatedly reiterated in Mulay v. Mulay, 225 Ill. 2d 601 (2007) (citing the list of cases noted in In re E.H.), People v. Hampton, 225 Ill. 2d 238 (2007), In re E.H., 224 Ill. 2d 172 (2006) (including an extensive list of cases dating back to 1910), and People v. Lee, 214 Ill. 2d 476 (2005), but it also reaches this new rule without the benefit of direct argument by the parties, supporting legal precedent, or independent analysis.

2008This novel rule not only runs counter to this court’s long-established principles, as repeatedly reiterated in Mulay v. Mulay, 225 Ill. 2d 601 (2007) (citing the list of cases noted in In re E.H.), People v. Hampton, 225 Ill. 2d 238 (2007), In re E.H., 224 Ill. 2d 172 (2006) (including an extensive list of cases dating back to 1910), and People v. Lee, 214 Ill. 2d 476 (2005), but it also reaches this new rule without the benefit of direct argument by the parties, supporting legal precedent, or independent analysis.

22008–2008
People v. Lee green
ill · 2005
2 sentences

2008This novel rule not only runs counter to this court’s long-established principles, as repeatedly reiterated in Mulay v. Mulay, 225 Ill. 2d 601 (2007) (citing the list of cases noted in In re E.H.), People v. Hampton, 225 Ill. 2d 238 (2007), In re E.H., 224 Ill. 2d 172 (2006) (including an extensive list of cases dating back to 1910), and People v. Lee, 214 Ill. 2d 476 (2005), but it also reaches this new rule without the benefit of direct argument by the parties, supporting legal precedent, or independent analysis.

2008This novel rule not only runs counter to this court’s long-established principles, as repeatedly reiterated in Mulay v. Mulay, 225 Ill. 2d 601 (2007) (citing the list of cases noted in In re E.H.), People v. Hampton, 225 Ill. 2d 238 (2007), In re E.H., 224 Ill. 2d 172 (2006) (including an extensive list of cases dating back to 1910), and People v. Lee, 214 Ill. 2d 476 (2005), but it also reaches this new rule without the benefit of direct argument by the parties, supporting legal precedent, or independent analysis.

22008–2008
People v. Hampton green
ill · 2007
2 sentences

2008This novel rule not only runs counter to this court’s long-established principles, as repeatedly reiterated in Mulay v. Mulay, 225 Ill. 2d 601 (2007) (citing the list of cases noted in In re E.H.), People v. Hampton, 225 Ill. 2d 238 (2007), In re E.H., 224 Ill. 2d 172 (2006) (including an extensive list of cases dating back to 1910), and People v. Lee, 214 Ill. 2d 476 (2005), but it also reaches this new rule without the benefit of direct argument by the parties, supporting legal precedent, or independent analysis.

2008This novel rule not only runs counter to this court’s long-established principles, as repeatedly reiterated in Mulay v. Mulay, 225 Ill. 2d 601 (2007) (citing the list of cases noted in In re E.H.), People v. Hampton, 225 Ill. 2d 238 (2007), In re E.H., 224 Ill. 2d 172 (2006) (including an extensive list of cases dating back to 1910), and People v. Lee, 214 Ill. 2d 476 (2005), but it also reaches this new rule without the benefit of direct argument by the parties, supporting legal precedent, or independent analysis.

22008–2008
People v. Davis green
ill · 1993
1 sentence

2024Davis, 156 Ill. 2d at 164 .

12024–2024
People v. Dorsey green
ill · 2021
2 sentences

2022Dorsey held “Miller’s announcement of a new substantive rule under the - 14 - eighth amendment does not provide cause for a defendant to raise a claim under the proportionate penalties clause” in a successive postconviction petition because “Illinois courts have long recognized the differences between persons of mature age and those who are minors for purposes of sentencing.” Dorsey, 2021 IL 123010, ¶ 74 .

2022I, § 11) and negotiated guilty pleas, respectively. ¶ 36 Pursuant to Dorsey, 2021 IL 123010, ¶ 73 , Daniels’s proportionate penalties clause argument would not have been a novel claim that did not exist when defendant agreed to a natural life sentence.

12022–2022
People v. Hampton green
ill · 2007
1 sentence

2008This novel rule not only runs counter to this court's long-established principles, as repeatedly reiterated in Mulay v. Mulay, 225 Ill.2d 601 , 312 Ill.Dec. 263 , 870 N.E.2d 328 (2007) (citing the list of cases noted in In re E.H. ), People v. Hampton, 225 Ill.2d 238 , 310 Ill.Dec. 906 , 867 N.E.2d 957 (2007), In re E.H., 224 Ill.2d 172 , 309 Ill.Dec. 1 , 863 N.E.2d 231 (2006) (including an extensive list of cases dating back to 1910), and People v. Lee, 214 Ill.2d 476 , 293 Ill.Dec. 267 , 828 N.E.2d 237 (2005), but it also reaches this new rule without the benefit of direct argument by the pa

12008–2008
Department of Mental Health v. Warmbir neutral
ill · 1967
2 sentences

1976(Department of Mental Health v. Warmbir (1967), 37 Ill. 2d 267 , 226 N.E.2d 4 .) As the supreme court stated in Warmbir: “The marriage relation entails many obligations, statutory as well as natural ones, and it would be a novel doctrine indeed that would relieve a spouse from such duties simply because unasserted grounds exists for divorce. 000 # e e The statute in question obligates a person to pay something toward the cost of caring for his or her spouse in a State mental hospital.

1976(Department of Mental Health v. Warmbir (1967), 37 Ill. 2d 267 , 226 N.E.2d 4 .) As the supreme court stated in Warmbir: “The marriage relation entails many obligations, statutory as well as natural ones, and it would be a novel doctrine indeed that would relieve a spouse from such duties simply because unasserted grounds exists for divorce. 000 # e e The statute in question obligates a person to pay something toward the cost of caring for his or her spouse in a State mental hospital.

11976–1976
Burgett v. Texas green
scotus · 1967
1 sentence

1970Burgett v. Texas, 389 US 109 (1967); Luck v. United States, 348 F2d 763 (DC Cir 1965); Gordon v. United States, 383 F2d 938 (DC Cir 1967); Evans v. United States, 397 F2d 675 (DC Cir 1968); United States v. Palumbo, 401 F2d 270 (Second Cir 1968); United States v. Hildreth, 387 F2d 328 (4th Cir 1967); United States v. Sternback, 402 F2d 353 (7th Cir 1968).

11970–1970
Brooks v. People green
ill · 1878
1 sentence

1969However, as early as Brooks v. People, 88 Ill. 327, 330 , this court held that where an original indictment is dismissed and defendant is re-indicted for the same offense the statutory period continues to run “as if there had been no dismissal of the first indictment”, or as if the indictment under which defendant is tried had been the first indictment returned.

11969–1969

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (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

RI 101 (1980–2026) CA 34 (1926–2020) PA 26 (1904–2026) NY 23 (1839–2023) CT 15 (1860–2026) FL 13 (1955–2023) IL 12 (1969–2024) TX 9 (1961–2025) MI 7 (1871–2026) DC 7 (1961–2011) MS 6 (2002–2023) AL 6 (1877–2024) OK 5 (1959–2023) AZ 5 (1912–2024) NJ 5 (1954–2020) MA 4 (1967–2020) OH 4 (1975–2013) SC 4 (1956–2020) MN 4 (1999–2025) MO 4 (1895–2012) CO 4 (1974–2024) MT 3 (1950–2023) KS 3 (1910–2026) HI 3 (1921–2020) UT 3 (1987–2020) VA 3 (1922–2026) GA 3 (1986–2024) VT 3 (1985–2025) MD 3 (1882–1986) WV 2 (1884–1989) ME 2 (1852–1960) ID 2 (1983–2023) ND 2 (1896–1911) IN 2 (2011–2014) IA 2 (1856–2020) DE 2 (2014–2020) WA 2 (1964–2014) NM 2 (2007–2007)

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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