unfair hearing (Illinois) · Go Syfert
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unfair hearing in Illinois

12 Illinois opinions name it 2 courts 1974–2026 6 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 (4)

CaseFollowedCited
People v. Shirleygreen
ill · 1998 · cited in 4 Illinois opinions naming this issue, 2012–2026
2 sentences

2026Where, as here, the defendant was afforded a full and fair second opportunity to present a motion for reduced sentencing, we see limited value in requiring a repeat of the exercise, absent a good reason to do so.” Id. at 369 . ¶ 50 Here, although defendant places great importance on his IDOC medical records, he has not shown that their absence resulted in an unfair hearing on his motion to vacate his guilty plea or - 16 - No. 1-24-2437 deprived him of a full and fair hearing.

2024See People v. Tejada-Soto, 2012 IL App (2d) 110188, ¶ 16 , 966 N.E.2d 375 . “[A] defendant seeking to withdraw his plea is entitled to a hearing that is meaningful, but only in the very limited sense that it is not a mere charade.” (Emphasis omitted.) Tejada-Soto, 2012 IL App (2d) 110188 , ¶ 14. ¶ 32 In People v. Shirley, 181 Ill. 2d 359, 369 , 692 N.E.2d 1189, 1194 (1998), our supreme court rejected the premise the strict-compliance standard must be applied so mechanically as to require Illinois courts to grant multiple remands and new hearings following an initial remand for Rule 604(d) comp

34
People v. Tejada-Sotogreen
illappct · 2012 · cited in 4 Illinois opinions naming this issue, 2021–2026
2 sentences

2026See People v. Tejada-Soto, 2012 IL App (2d) 110188, ¶ 16 . “[A] defendant seeking to withdraw his plea is entitled to a hearing that is meaningful, but only in the very limited sense that it is not a mere charade performed for the purpose of reinstating an appeal.” (Emphasis in original.) Id. ¶ 14.

2026Tejada-Soto, 2012 IL App (2d) 110188 , ¶ 16.

34
In re Emma L.green
illappct · 2023 · cited in 2 Illinois opinions naming this issue, 2023–2024
2 sentences

2024For the following reasons, we agree with Lindsey. ¶ 38 “The constitutional guarantee of due process is implicated whenever the State engages in conduct towards its citizens deemed oppressive, arbitrary[,] or unreasonable.” (Internal quotation marks omitted.) In re Emma L., 2023 IL App (5th) 230138, ¶ 31 (quoting Wingert v. Hradisky, 2019 IL 123201, ¶ 29 ).

2023For the following reasons, we agree with Lindsey. ¶ 39 “The constitutional guarantee of due process is implicated whenever the State engages in conduct towards its citizens deemed oppressive, arbitrary, or unreasonable.” (Internal quotation marks and alteration omitted.) In re Emma L., 2023 IL App (5th) 230138, ¶ 31 (quoting Wingert v. Hradisky, 2019 IL 123201, ¶ 29 ).

22
People v. TEJADA-SOTOgreen
illappct · 2012 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024See People v. Tejada-Soto, 2012 IL App (2d) 110188, ¶ 16 , 966 N.E.2d 375 . “[A] defendant seeking to withdraw his plea is entitled to a hearing that is meaningful, but only in the very limited sense that it is not a mere charade.” (Emphasis omitted.) Tejada-Soto, 2012 IL App (2d) 110188 , ¶ 14. ¶ 32 In People v. Shirley, 181 Ill. 2d 359, 369 , 692 N.E.2d 1189, 1194 (1998), our supreme court rejected the premise the strict-compliance standard must be applied so mechanically as to require Illinois courts to grant multiple remands and new hearings following an initial remand for Rule 604(d) comp

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 (5)

CaseCitedYears
Wingert v. Hradisky green
ill · 2019
2 sentences

2024For the following reasons, we agree with Lindsey. ¶ 38 “The constitutional guarantee of due process is implicated whenever the State engages in conduct towards its citizens deemed oppressive, arbitrary[,] or unreasonable.” (Internal quotation marks omitted.) In re Emma L., 2023 IL App (5th) 230138, ¶ 31 (quoting Wingert v. Hradisky, 2019 IL 123201, ¶ 29 ).

2023For the following reasons, we agree with Lindsey. ¶ 39 “The constitutional guarantee of due process is implicated whenever the State engages in conduct towards its citizens deemed oppressive, arbitrary, or unreasonable.” (Internal quotation marks and alteration omitted.) In re Emma L., 2023 IL App (5th) 230138, ¶ 31 (quoting Wingert v. Hradisky, 2019 IL 123201, ¶ 29 ).

22023–2024
Gigger v. Board of Fire & Police Commissioners green
illappct · 1960
2 sentences

1977It is an established principal that the decision of an administrative agency will be set aside if the prejudice or bias of a hearing officer results in an unfair hearing (Gigger v. Board of Fire & Police Commissioners (1959), 23 Ill.

1977App. 2d 433 , 163 N.E.2d 541 ), but mere familiarity with the facts of a case does not disqualify a decisionmaker (Hortonville Joint School District No. 1 v. Hortonville Education Association (1976), _ U.S. _, 49 L.

21974–1977
Citizens Against Regional Landfill v. Pollution Control Board green
illappct · 1994
1 sentence

2009Citizens, 255 Ill.

12009–2009
Abrahamson v. Department of Professional Regulation green
illappct · 1991
1 sentence

1992The hearing deteriorated into an unfair hearing and would justify a reversal and remandment for a new hearing.” 210 Ill.

11992–1992
Hortonville Joint School District No. 1 v. Hortonville Education Ass'n green
scotus · 1976
1 sentence

1977App. 2d 433 , 163 N.E.2d 541 ), but mere familiarity with the facts of a case does not disqualify a decisionmaker (Hortonville Joint School District No. 1 v. Hortonville Education Association (1976), _ U.S. _, 49 L.

11977–1977

Where else courts name it

CT 30 (1985–2003) CA 27 (1952–2025) TX 16 (1988–2025) IL 12 (1974–2026) MA 10 (1983–2023) NY 8 (1894–2024) NC 6 (1915–2007) WV 5 (1981–2021) MD 5 (1977–2025) ND 4 (1991–2004) OK 3 (1997–2020) AZ 2 (2009–2009) WA 2 (1990–2020) AL 2 (1984–2001)

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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