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12 Illinois opinions name it 1 courts 2008–2026 5 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.
| Case | Followed | Cited |
|---|---|---|
People v. Rossgreen2 sentences2026See People v. Ross, 229 Ill. 2d 255, 271 (2008) (“We hold that when a postconviction petitioner demonstrates that defense counsel was ineffective for failing to file a notice of appeal, the trial court may allow the petitioner leave to file a late notice of appeal.”); see also People v. Bond, 405 Ill. 2022See People v. Ross, 229 Ill. 2d 255, 271 (2008) (holding that “when a postconviction petitioner demonstrates that defense counsel was ineffective for failing to file a notice of appeal, the trial court may allow the petitioner leave to file a late notice of appeal”). | 5 | 11 |
People v. Torresgreen2 sentences2022The Ross court thus held “that when a postconviction petitioner demonstrates that defense counsel was ineffective for failing to file a notice of appeal, the trial court may allow the petitioner leave to file a late notice of appeal.” Id. at 271. ¶ 95 Our supreme court has clarified that counsel has a constitutional - 27 - No. 1-20-0467 “duty to consult with a defendant about the possibility of an appeal ‘when there is reason to think either (1) that a rational defendant would want to appeal (for example, because there are nonfrivolous grounds for appeal), or (2) that this particular defendant 2008People v. Torres, 228 Ill. 2d 382 , 888 N.E.2d 91 (2008), restricts the reach of Ross. | 1 | 3 |
People v. Bondgreen1 sentence2026See People v. Ross, 229 Ill. 2d 255, 271 (2008) (“We hold that when a postconviction petitioner demonstrates that defense counsel was ineffective for failing to file a notice of appeal, the trial court may allow the petitioner leave to file a late notice of appeal.”); see also People v. Bond, 405 Ill. | 1 | 1 |
People v. Gutierrezgreen1 sentence2022Therefore, “the constitution does not require counsel to file a notice of appeal *** unless counsel has reason to believe the defendant either actually does or rationally should want to file an appeal.” People v. Gutierrez, 387 Ill. | 1 | 1 |
People v. Freegreen1 sentence2012Referencing instances where “successive” postconviction petitions have been allowed when the proceedings on the original petitions were “virtual nullities,” our supreme court has further held that the Act affords every imprisoned defendant “ ‘one complete opportunity to show a substantial denial of his constitutional rights.’ ” People v. Free, 122 Ill. 2d 367, 376-77 (1988) (quoting People v. Logan, 72 Ill. 2d 358, 370 (1978)). ¶ 21 With these principles in mind, we conclude that in statutory context, section 122-1(f)’s reference to “one petition *** without leave of the court” (725 ILCS 5/122 | 1 | 1 |
People v. Logangreen1 sentence2012Referencing instances where “successive” postconviction petitions have been allowed when the proceedings on the original petitions were “virtual nullities,” our supreme court has further held that the Act affords every imprisoned defendant “ ‘one complete opportunity to show a substantial denial of his constitutional rights.’ ” People v. Free, 122 Ill. 2d 367, 376-77 (1988) (quoting People v. Logan, 72 Ill. 2d 358, 370 (1978)). ¶ 21 With these principles in mind, we conclude that in statutory context, section 122-1(f)’s reference to “one petition *** without leave of the court” (725 ILCS 5/122 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Roe v. Flores-Ortega
green
1 sentence2022The Ross court thus held “that when a postconviction petitioner demonstrates that defense counsel was ineffective for failing to file a notice of appeal, the trial court may allow the petitioner leave to file a late notice of appeal.” Id. at 271. ¶ 95 Our supreme court has clarified that counsel has a constitutional - 27 - No. 1-20-0467 “duty to consult with a defendant about the possibility of an appeal ‘when there is reason to think either (1) that a rational defendant would want to appeal (for example, because there are nonfrivolous grounds for appeal), or (2) that this particular defendant | 1 | 2022–2022 |
People v. Harris
green
1 sentence2021People v. Harris, 2018 IL 121932, ¶ 26 . | 1 | 2021–2021 |
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.