valid constitutional claim (Illinois) · Go Syfert
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valid constitutional claim in Illinois

12 Illinois opinions name it 1 courts 1997–2025 10 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. Colemangreen
ill · 2002 · cited in 2 Illinois opinions naming this issue, 2023–2024
2 sentences

2024See People v. Coleman, 206 Ill. 2d 261, 277 (2002).

2023See Coleman, 206 Ill.2d at 277 .

22
People v. Zumotgreen
illappct · 2021 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

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
People v. Allengreen
ill · 2015 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022To account for less knowledgeable litigants, at the first stage, we consider “ ‘the petition’s substantive virtue rather than its procedural compliance.’ ” People v. Allen, 2015 IL 113135, ¶ 24 (quoting People v. Hommerson, 2014 IL 115638, ¶ 11 ).

11
People v. Hernandezgreen
illappct · 1996 · cited in 1 Illinois opinions naming this issue, 1997–1997
2 sentences

1997Lemons, 242 Ill.App.3d at 946 , 184 Ill.Dec. 642 , 613 N.E.2d 1234 ; see also People v. Hernandez, 283 Ill.App.3d 312, 316 , 218 Ill.

1997Lemons, 242 Ill.App.3d at 946 , 184 Ill.Dec. 642 , 613 N.E.2d 1234 ; see also People v. Hernandez, 283 Ill.App.3d 312, 316 , 218 Ill.

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
People v. Edwards green
ill · 2001
2 sentences

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 ).

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 ).

62021–2023
People v. Bailey green
ill · 2017
2 sentences

2025People v. Bailey, 2017 IL 121450, ¶ 18 .

2022People v. Bailey, 2017 IL 121450, ¶ 18 . ¶ 26 This is not a high hurdle.

22022–2025
People v. Lemons green
illappct · 1993
2 sentences

1997Lemons, 242 Ill.App.3d at 946 , 184 Ill.Dec. 642 , 613 N.E.2d 1234 ; see also People v. Hernandez, 283 Ill.App.3d 312, 316 , 218 Ill.

1997Lemons, 242 Ill.

21997–1997
People v. Hommerson green
ill · 2014
1 sentence

2022To account for less knowledgeable litigants, at the first stage, we consider “ ‘the petition’s substantive virtue rather than its procedural compliance.’ ” People v. Allen, 2015 IL 113135, ¶ 24 (quoting People v. Hommerson, 2014 IL 115638, ¶ 11 ).

12022–2022
People v. Harris green
ill · 2018
2 sentences

2021And in many cases, he will also “be unaware that certain facts, which in his mind are tangential or secondary, are, in fact, critical parts of a complete and valid constitutional claim.” Id. -7- ¶ 30 In support of its argument that Mr. Zumot’s petition lacked sufficient factual detail, the State quotes our supreme court’s decision in Harris, where the court rejected the notion that it could decide the merits of a defendant’s as-applied, youth-based claim on direct appeal where no evidentiary hearing on the matter had been held and the record contained “only basic information about the defendan

2021What was needed instead, the court concluded, was “evidence about how the evolving science on juvenile maturity and brain development that helped form the basis for the Miller decision applie[d] to [the] defendant’s specific facts and circumstances.” Id.

12021–2021

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (10) IL § 725 ILCS 5/122-2.1 (7) IL § 725 ILCS 5/122-4 (5) IL § 725 ILCS 5/122-6 (4) IL § 730 ILCS 5/5-8-1 (4) IL § 730 ILCS 5/5-4.5-110 (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

TX 14 (1985–2024) IL 12 (1997–2025) MD 6 (1969–2016) AL 5 (1969–2005) NY 5 (1975–2001) PA 4 (1993–1994) NC 3 (2018–2022) MI 2 (2019–2019) IA 2 (1966–1968) AK 2 (1986–2019)

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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