reason for this deferential standard (Illinois) · Go Syfert
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reason for this deferential standard in Illinois

12 Illinois opinions name it 1 courts 2012–2022 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. Kathy K.green
illappct · 2007 · cited in 3 Illinois opinions naming this issue, 2012–2012
2 sentences

2012In re Stephen K., 373 Ill.App.3d 7, 25 , 310 Ill.Dec. 768 , 867 N.E.2d 81 (2007); In re D.W., V.R. and N.B., Jr., 386 Ill.App.3d 124, 136 , 325 Ill.Dec. 139 , 897 N.E.2d 387 (2008) ("the trial court, having observed the witnesses and heard their testimony, is in the best position to make credibility determinations").

2012In re Stephen K., 373 Ill.App.3d 7, 25 , 310 Ill.Dec. 768 , 867 N.E.2d 81 (2007); In re D.W., V.R. and N.B., Jr., 386 Ill.App.3d 124, 136 , 325 Ill.Dec. 139 , 897 N.E.2d 387 (2008) ("the trial court, having observed the witnesses and heard their testimony, is in the best position to make credibility determinations").

23
In Re Marriage of Joyntgreen
illappct · 2007 · cited in 2 Illinois opinions naming this issue, 2016–2021
2 sentences

2021In re Marriage of Joynt, 375 Ill. App. 3d 817, 819 (2007).

2016In re Marriage of Joynt, 375 Ill.

22
In Re JLgreen
ill · 2010 · cited in 2 Illinois opinions naming this issue, 2012–2012
2 sentences

2012In re J.L., 236 Ill.2d at 344, 338 Ill.Dec. 435 , 924 N.E.2d 961 ; In re C.W., 199 Ill.2d at 211, 262 Ill.Dec. 802 , 766 N.E.2d 1105 . ¶ 66 The reason for this deferential standard is that "the trial court is in a superior position to assess the credibility of witnesses and weigh the evidence" than we are.

2012In re J.L., 236 Ill.2d at 344, 338 Ill.Dec. 435 , 924 N.E.2d 961 ; In re C.W., 199 Ill.2d at 211, 262 Ill.Dec. 802 , 766 N.E.2d 1105 . ¶ 66 The reason for this deferential standard is that "the trial court is in a superior position to assess the credibility of witnesses and weigh the evidence" than we are.

12
In Re CWgreen
ill · 2002 · cited in 2 Illinois opinions naming this issue, 2012–2012
2 sentences

2012In re J.L., 236 Ill.2d at 344, 338 Ill.Dec. 435 , 924 N.E.2d 961 ; In re C.W., 199 Ill.2d at 211, 262 Ill.Dec. 802 , 766 N.E.2d 1105 . ¶ 66 The reason for this deferential standard is that "the trial court is in a superior position to assess the credibility of witnesses and weigh the evidence" than we are.

2012In re J.L., 236 Ill.2d at 344, 338 Ill.Dec. 435 , 924 N.E.2d 961 ; In re C.W., 199 Ill.2d at 211, 262 Ill.Dec. 802 , 766 N.E.2d 1105 . ¶ 66 The reason for this deferential standard is that "the trial court is in a superior position to assess the credibility of witnesses and weigh the evidence" than we are.

12
In Re DWgreen
illappct · 2008 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012In re Stephen K., 373 Ill.App.3d 7, 25 , 310 Ill.Dec. 768 , 867 N.E.2d 81 (2007); In re D.W., V.R. and N.B., Jr., 386 Ill.App.3d 124, 136 , 325 Ill.Dec. 139 , 897 N.E.2d 387 (2008) ("the trial court, having observed the witnesses and heard their testimony, is in the best position to make credibility determinations").

11
People v. B.M.-B.green
illappct · 2008 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012In re Stephen K., 373 Ill.App.3d 7, 25 , 310 Ill.Dec. 768 , 867 N.E.2d 81 (2007); In re D.W., V.R. and N.B., Jr., 386 Ill.App.3d 124, 136 , 325 Ill.Dec. 139 , 897 N.E.2d 387 (2008) ("the trial court, having observed the witnesses and heard their testimony, is in the best position to make credibility determinations").

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. Caffey green
ill · 2001
2 sentences

2022Id. ¶ 108 Relevance is a threshold requirement that must be met by every item of evidence.

2015Id. ¶ 33 But this deferential standard is not universally applicable.

32015–2022
In re Anaya R. green
illappct · 2012
2 sentences

2020Id. 11 ¶ 27 In this case, Darlene had the burden of overcoming, by clear and convincing evidence, the presumption afforded to Shem, as well as showing that modification was required to protect the mental, physical, or emotional health of I.W.

2019Id. ¶ 20 Here, the trial court considered the relevant section 602.9 factors and made the following findings.

32019–2020
In re Marriage of Asta green
illappct · 2016
1 sentence

2021“The reason for this deferential standard of review is that the characterization of assets typically depends upon weighing witness credibility.” Id.

12021–2021
People v. Stephanie L. green
ill · 2010
1 sentence

2012In re J.L., 236 Ill.2d at 344, 338 Ill.Dec. 435 , 924 N.E.2d 961 ; In re C.W., 199 Ill.2d at 211, 262 Ill.Dec. 802 , 766 N.E.2d 1105 . ¶ 66 The reason for this deferential standard is that "the trial court is in a superior position to assess the credibility of witnesses and weigh the evidence" than we are.

12012–2012

Statutes the citing opinions construe

IL § 750 ILCS 5/503 (3) IL § 750 ILCS 5/602.9 (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 12 (2012–2022) CA 2 (2019–2019)

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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