second part test (Illinois) · Go Syfert
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second part test in Illinois

85 Illinois opinions name it 2 courts 1937–2026 9 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 (22)

CaseFollowedCited
Marks v. Vanderventergreen
ill · 2015 · cited in 3 Illinois opinions naming this issue, 2015–2016
2 sentences

2016See Marks, 2015 IL 116226, ¶ 19 . “[E]ven if the burden caused by imposition of the surcharge falls on a group who neither benefits from the surcharge nor caused the problems to be remedied by the surcharge, the surcharge may be constitutionally valid so long as there is a rational relationship between the object of the legislation and the classification at issue.” Id. ¶ 22. ¶ 18 Plaintiffs note that they attached to their motion for partial summary judgment a notice sent out by White along with renewal notices.

2015See Marks, 2015 IL 116226, ¶ 19 . “[E]ven if the burden caused by imposition of the surcharge falls on a group who neither benefits from the surcharge nor caused the problems to be remedied by the surcharge, the surcharge may be constitutionally valid so long as there is a rational relationship between the object of the legislation and the classification at issue.” Id. ¶ 22. ¶ 18 Plaintiffs note that they attached to their motion for partial summary judgment a notice sent out by White along with renewal notices.

33
State v. Martinezgreen
kan · 2003 · cited in 3 Illinois opinions naming this issue, 2004–2004
2 sentences

2004See Martinez, 276 Kan. at 535 , 78 P.3d at 774 .

2004See Martinez, 276 Kan. at 535 , 78 P.3d at 774 .

33
Estate of Price v. Universal Casualty Co.green
illappct · 2001 · cited in 4 Illinois opinions naming this issue, 2002–2002
2 sentences

2002Estate of Price v. Universal Casualty Co., 322 Ill.

2002Price, 322 Ill.App.3d at 517 , 255 Ill.Dec. 822 , 750 N.E.2d 739 .

24
People v. Manninggreen
ill · 2011 · cited in 2 Illinois opinions naming this issue, 2025–2025
2 sentences

2025Id. at 687 . ¶ 12 A. Counsel’s Performance Fell Below an Objective Standard of Reasonableness ¶ 13 To show counsel’s deficient performance, a defendant must overcome the “strong presumption” that counsel’s decisions were the product of “sound trial strategy.” (Internal quotation marks omitted.) People v. Manning, 241 Ill. 2d 319, 327 (2011).

2025Id. at 687 . ¶ 12 A. Counsel’s Performance Fell Below an Objective Standard of Reasonableness ¶ 13 To show counsel’s deficient performance, a defendant must overcome the “strong presumption” that counsel’s decisions were the product of “sound trial strategy.” (Internal quotation marks omitted.) People v. Manning, 241 Ill. 2d 319, 327 (2011).

22
People v. Piatkowskigreen
ill · 2007 · cited in 2 Illinois opinions naming this issue, 2020–2020
2 sentences

2020People v. Piatkowski, 225 Ill. 2d 551, 565 (2007).

2020People v. Piatkowski, 225 Ill. 2d 551, 565 (2007).

22
Commonwealth Edison Co. v. Will County Collectorgreen
ill · 2001 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017If “applying the statute would have a retroactive impact, then the court must presume that the legislature did not intend that it be so applied.” Id. (citing Commonwealth Edison Co. v. Will County Collector, 196 Ill. 2d 27, 38 (2001)); see also J.T.

2017If “applying the statute would have a retroactive impact, then the court must presume that the legislature did not intend that it be so applied.” Id. (citing Commonwealth Edison Co. v. Will County Collector, 196 Ill. 2d 27, 38 (2001)); see also J.T.

22
Northwest Airlines, Inc. v. Air Line Pilots Association, Internationalgreen
cadc · 1987 · cited in 2 Illinois opinions naming this issue, 2005–2005
2 sentences

2005It recognized that, under AFSCME and federal cases applying the public-policy doctrine, an arbitrator's reinstatement of an employee such as DuBose must be upheld "as long as the arbitrator makes a rational finding that the employee can be trusted to refrain from the offending conduct." DuBose , 173 Ill. 2d at 322 ; see also Northwest Airlines, Inc. v. Air Line Pilots Ass'n, International , 808 F.2d 76 (D.C.

2005It recognized that, under AFSCME and federal cases applying the public-policy doctrine, an arbitrator’s reinstatement of an employee such as DuBose must be upheld “as long as the arbitrator makes a rational finding that the employee can be trusted to refrain from the offending conduct.” DuBose, 173 Ill. 2d at 322 ; see also Northwest Airlines, Inc. v. Air Line Pilots Ass’n, International, 808 F.2d 76 (D.C.

22
Evans v. Gurnee Inns, Inc.green
illappct · 1994 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001Evans v. Gurnee Inns , Inc. , 268 Ill.

2001Evans v. Gurnee Inns, Inc., 268 Ill.

22
In Re JASgreen
illappct · 1994 · cited in 2 Illinois opinions naming this issue, 1999–1999
2 sentences

1999"A medical prognosis need not be absolutely conclusive to satisfy the requirement of the statute." J.A.S., 255 Ill.

1999“A medical prognosis need not be absolutely conclusive to satisfy the requirement of the statute.” J.A.S., 255 Ill.

22
Strickland v. Washingtongreen
scotus · 1984 · cited in 9 Illinois opinions naming this issue, 1990–2025
2 sentences

2020To satisfy the second part of the test, the defendant must show that “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” 35 Id. at 694 .

2020To satisfy the second part of the test, the defendant must demonstrate a reasonable probability of a more favorable outcome “but for counsel’s unprofessional errors.” Id. at 694 . 12 ¶ 43 A defendant asserting ineffective assistance of counsel must satisfy both parts of the Strickland test.

19
People v. Millergreen
ill · 2010 · cited in 2 Illinois opinions naming this issue, 2021–2024
2 sentences

2024Miller, 238 Ill. 2d at 166 .

2021Miller, 238 Ill. 2d at 163, 166 .

12
Graham v. Floridagreen
scotus · 2010 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011Roper, 543 U.S. at 564 ; Graham, 560 U.S. at ___, 130 S. Ct. at 2026.

2011Roper, 543 U.S. at 564 , 125 S.Ct. 1183 ; Graham, 560 U.S. at ___ , 130 S.Ct. at 2026 .

12
People v. Jeffriesgreen
ill · 1995 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026Id.; see Jeffries, 164 Ill. 2d at 127-28 (holding that, in order to instruct the jury on self-defense, a defendant must establish some evidence of each element). - 12 - ¶ 37 In Ammons, 2021 IL App (3d) 150743, ¶¶ 1, 5, 14 , the defendant was convicted of aggravated battery of a police officer for biting a police officer’s finger as several officers tried to place the defendant under arrest.

11
People v. Ammonsgreen
illappct · 2021 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026Id.; see Jeffries, 164 Ill. 2d at 127-28 (holding that, in order to instruct the jury on self-defense, a defendant must establish some evidence of each element). - 12 - ¶ 37 In Ammons, 2021 IL App (3d) 150743, ¶¶ 1, 5, 14 , the defendant was convicted of aggravated battery of a police officer for biting a police officer’s finger as several officers tried to place the defendant under arrest.

11
First Midwest Bank v. Rossigreen
illappct · 2023 · cited in 1 Illinois opinions naming this issue, 2024–2024
11
In re the Interest of Jordan G.green
ill · 2015 · cited in 1 Illinois opinions naming this issue, 2024–2024
11
Hiibel v. Sixth Judicial Dist. Court of Nev., Humboldt Cty.green
scotus · 2004 · cited in 1 Illinois opinions naming this issue, 2023–2023
11
People v. Colemangreen
ill · 1998 · cited in 1 Illinois opinions naming this issue, 2020–2020
11
Elementary School District 159 v. Schillergreen
ill · 2006 · cited in 1 Illinois opinions naming this issue, 2015–2015
11
In Re JBgreen
illappct · 1990 · cited in 1 Illinois opinions naming this issue, 1994–1994
11
People v. D.D.green
illappct · 1990 · cited in 1 Illinois opinions naming this issue, 1994–1994
11
Hill v. Lockhartgreen
scotus · 1985 · cited in 1 Illinois opinions naming this issue, 1990–1990
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 (51)

CaseCitedYears
In re Detention of Ehrlich green
illappct · 2012
2 sentences

2019As stated, the Act provides that “[i]f the court determines after hearing that any rule or condition of release has been violated, *** it may revoke the order for conditional release and order that the released person be placed in an appropriate institution until the person is discharged from the commitment under *** this Act or until again placed on conditional release under *** this Act.” Id.

2018As stated, the Act provides that "[i]f a court determines after hearing that any rule or condition of release has been violated, * * * it may revoke the order for conditional release and order that the released person be placed in an appropriate institution until the person is discharged from the commitment under * * * this Act or until again placed on conditional release under * * * this Act." Id.

32018–2019
Central City Education Ass'n v. Illinois Educational Labor Relations Board green
ill · 1992
2 sentences

2011If it is, then the second part of the test requires a determination of whether the matter is also one of "inherent managerial authority." Central City, 149 Ill.2d at 523 , 174 Ill.Dec. 808 , 599 N.E.2d 892 .

2011If it is, then the second part of the test requires a determination of whether the matter is also one of "inherent managerial authority." Central City, 149 Ill.2d at 523 , 174 Ill.Dec. 808 , 599 N.E.2d 892 .

32002–2011
In Re Marriage of Velasquez green
illappct · 1998
2 sentences

2019Id.

2018Velasquez , 295 Ill.

22018–2019
Landgraf v. USI Film Products green
scotus · 1994
2 sentences

2017The second part of the test provides that if the new law contains no “express provision regarding the temporal reach, the court must determine whether applying the statute would have a ‘retroactive’ or ‘retrospective’ impact; that is, ‘whether it would impair rights a party possessed when he acted.’ ” (Emphasis added.) Id. - 15 ­ No. 1-16-1780 (quoting Landgraf, 511 U.S. at 280 ).

2017The second part of the test provides that if the new law contains no “express provision regarding the temporal reach, the court must determine whether applying the statute would have a ‘retroactive’ or ‘retrospective’ impact; that is, ‘whether it would impair rights a party possessed when he acted.’ ” (Emphasis added.) Id. (quoting Landgraf, 511 U.S. at 280 ).

22017–2017
Hayashi v. Illinois Department of Financial & Professional Regulation green
ill · 2014
2 sentences

2017The second part of the test provides that if the new law contains no “express provision regarding the temporal reach, the court must determine whether applying the statute would have a ‘retroactive’ or ‘retrospective’ impact; that is, ‘whether it would impair rights a party possessed when he acted.’ ” (Emphasis added.) Id. - 15 ­ No. 1-16-1780 (quoting Landgraf, 511 U.S. at 280 ).

2017The second part of the test provides that if the new law contains no “express provision regarding the temporal reach, the court must determine whether applying the statute would have a ‘retroactive’ or ‘retrospective’ impact; that is, ‘whether it would impair rights a party possessed when he acted.’ ” (Emphasis added.) Id. (quoting Landgraf, 511 U.S. at 280 ).

22017–2017
Minch v. George green
illappct · 2009
2 sentences

2015Id. ¶ 98 Here, we review whether the court’s finding at the directed finding stage was against the manifest weight of the evidence because the court engaged in the second part of the analysis.

2015Id. ¶ 98 Here, we review whether the court's finding at the directed finding stage was against the manifest weight of the evidence because the court engaged in the second part of the analysis.

22015–2015
Roper v. Simmons green
scotus · 2005
2 sentences

2011Roper, 543 U.S. at 564 , 125 S.Ct. 1183 ; Graham, 560 U.S. at ___ , 130 S.Ct. at 2026 .

2011Roper, 543 U.S. at 564 , 125 S.Ct. 1183 ; Graham, 560 U.S. at ___ , 130 S.Ct. at 2026 .

22011–2011
Roe v. Flores-Ortega green
scotus · 2000
2 sentences

2008“Interested in Appealing” Prong of Flores-Ortega Test The second part of the test requires us to determine whether “there is reason to think *** that this particular defendant reasonably demonstrated to counsel that he was interested in appealing.” Flores-Ortega, 528 U.S. at 480 , 145 L.

2008“Interested in Appealing” Prong of Flores-Ortega Test The second part of the test requires us to determine whether “there is reason to think *** that this particular defendant reasonably demonstrated to counsel that he was interested in appealing.” Flores-Ortega, 528 U.S. at 480 , 145 L.

22008–2008
People v. Hall green
illappct · 2004
2 sentences

2005Hall, 352 Ill.

2005Hall, 352 Ill.App.3d at 549 , 287 Ill.Dec. 736 , 816 N.E.2d at 714 .

22005–2005
Afl-Cio (Afscme) v. Dept. of Cent. Mgt. green
ill · 1996
2 sentences

2005It recognized that, under AFSCME and federal cases applying the public-policy doctrine, an arbitrator's reinstatement of an employee such as DuBose must be upheld "as long as the arbitrator makes a rational finding that the employee can be trusted to refrain from the offending conduct." DuBose , 173 Ill. 2d at 322 ; see also Northwest Airlines, Inc. v. Air Line Pilots Ass'n, International , 808 F.2d 76 (D.C.

2005It recognized that, under AFSCME and federal cases applying the public-policy doctrine, an arbitrator’s reinstatement of an employee such as DuBose must be upheld “as long as the arbitrator makes a rational finding that the employee can be trusted to refrain from the offending conduct.” DuBose, 173 Ill. 2d at 322 ; see also Northwest Airlines, Inc. v. Air Line Pilots Ass’n, International, 808 F.2d 76 (D.C.

22005–2005
People v. Olinger green
ill · 1997
2 sentences

2002Olinger , 176 Ill. 2d at 354 .

2002Olinger, 176 Ill. 2d at 354 .

22002–2002
Costello v. Unarco Industries, Inc. green
ill · 1986
2 sentences

2000App. 3d at 695 , 663 N.E.2d at 21 , citing Costello, 111 Ill. 2d at 483 , 490 N.E.2d at 678 .

2000App. 3d at 695 , 663 N.E.2d at 21 , citing Costello, 111 Ill. 2d at 483 , 490 N.E.2d at 678 .

22000–2000
Goodman v. Harbor Market, Ltd. green
illappct · 1995
2 sentences

2000As to the second part of the test, the Goodman court does note that the reasonable period "can never be more than the repose period itself." Goodman , 278 Ill.

2000As to the second part of the test, the Goodman court does note that the reasonable period “can never be more than the repose period itself.” Goodman, 278 Ill.

22000–2000
McRand, Inc. v. Van Beelen green
illappct · 1985
2 sentences

1998McRand , 138 Ill.

1998McRand, 138 Ill.

21998–1998
City of Evanston v. Illinois State Labor Relations Board green
illappct · 1992
2 sentences

1995A managerial employee is "an individual [who] directs the effectuation of management policy when he oversees or coordinates policy implementation by developing the means and methods of achieving policy objectives and by determining the extent to which the objectives will be achieved.” (City of Evanston, 227 Ill.

1993(Freeport, 227 Ill.

21993–1995
People v. Vesey green
illappct · 2024
1 sentence

2026Id.

12026–2026
Piccioli v. Board of Trustees of the Teachers' Retirement System green
ill · 2019
12024–2024
People v. Mosley green
ill · 2015
12024–2024
County of Cook v. Illinois Labor Relations Board—Local Panel green
illappct · 2004
12019–2019
American Federation of State, County, and Municipal Employees v. State of Illinois green
illappct · 2015
12019–2019
Hearn v. Rhay green
waed · 1975
12018–2018
Pappas v. Holloway green
wash · 1990
12018–2018
The Department of Central Management Services v. The Illinois Labor Relations Board green
illappct · 2013
12015–2015
People v. Thomas green
illappct · 2014
12014–2014
People v. Woolley green
ill · 1997
12009–2009
In Re Estate of Goldstein green
illappct · 1997
12009–2009
People v. Hudson green
ill · 2006
12006–2006
Department of Central Management Services v. Illinois State Labor Relations Board green
illappct · 1996
12004–2004
People v. Burgess green
ill · 1997
11998–1998
Spiros Lounge, Inc. v. Illinois Liquor Control Commission green
illappct · 1981
11996–1996
Chief Judge of Sixteenth Judicial Circuit v. Illinois State Labor Relations Board green
illappct · 1995
11996–1996
Leong v. Village of Schaumburg green
illappct · 1990
11996–1996
Grossinger Motorcorp, Inc. v. American National Bank & Trust Co. green
illappct · 1992
11995–1995
People v. Johnson green
ill · 1977
11995–1995
Elg v. Whittington green
ill · 1988
11993–1993
Agrimerica, Inc. v. Mathes green
illappct · 1988
11992–1992
Overbey v. Illinois Farmers Insurance green
illappct · 1988
11990–1990
People v. Albanese green
ill · 1984
11990–1990
Maine Yankee Atomic Power Company v. National Labor Relations Board green
ca1 · 1980
11988–1988
Canfield v. Spear green
ill · 1969
11985–1985

Statutes the citing opinions construe

IL § 5 ILCS 315/3 (6) IL § 5 ILCS 315/9 (4) IL § 735 ILCS 5/3-113 (4) IL § 20 ILCS 805/805-420 (3) IL § 5 ILCS 315/2 (3) IL § 625 ILCS 5/1-146 (3) IL § 625 ILCS 5/3-806 (3) IL § 720 ILCS 5/18-1 (3) IL § 725 ILCS 207/40 (3) IL § 725 ILCS 207/5 (3) IL § 730 ILCS 5/5-4-3 (3) IL § 735 ILCS 5/3-110 (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

PA 597 (1944–2026) TX 178 (1954–2026) IL 85 (1937–2026) CA 81 (1947–2026) OH 76 (1983–2026) WA 59 (1929–2026) NM 50 (1977–2025) GA 48 (1981–2026) FL 39 (1969–2024) WI 39 (1984–2026) IN 38 (1985–2025) UT 38 (1989–2026) NJ 35 (1988–2025) CT 32 (1965–2024) MA 30 (1975–2024) OR 29 (1978–2022) KS 28 (1997–2025) NY 28 (1985–2023) MI 28 (1968–2022) MS 24 (1969–2023) MN 21 (1986–2024) IA 21 (1984–2025) TN 20 (1914–2026) NC 20 (1988–2020) MT 20 (1960–2016) NH 19 (1973–2024) RI 18 (1984–2014) MD 17 (1988–2025) MO 17 (1934–2023) ID 15 (1975–2025) SD 14 (1975–2015) LA 14 (1941–2023) VA 13 (1972–2025) ME 13 (1987–2021) CO 13 (1973–2026) DC 11 (1982–2024) WY 10 (1988–2018) AL 9 (1976–2016) AZ 9 (1985–2004) WV 8 (1929–2024) HI 8 (1998–2020) AR 8 (1991–2015) KY 6 (1999–2025) ND 6 (1999–2015) VT 6 (1987–2026) NE 6 (1996–2019) DE 6 (1997–2026) OK 5 (1992–2025) AK 5 (1994–2020) NV 5 (1994–2025) SC 4 (2006–2022)

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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