competence defense (Illinois) · Go Syfert
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competence defense in Illinois

11 Illinois opinions name it 1 courts 1978–2020 0 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 (3)

CaseFollowedCited
People v. McKendrickgreen
illappct · 1985 · cited in 6 Illinois opinions naming this issue, 1994–2002
2 sentences

2002We note that the competence of defense counsel is to be determined “from a consideration of the totality of counsel’s conduct, not isolated incidents.” People v. McKendrick, 138 Ill.

2002We note that the competence of defense counsel is to be determined “from a consideration of the totality of counsel’s conduct, not isolated incidents.” People v. McKendrick, 138 Ill.

56
People v. Evansgreen
ill · 1999 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020People v. Evans, 186 Ill. 2d 83, 93 (1999).

11
People v. Gillgreen
illappct · 1988 · cited in 1 Illinois opinions naming this issue, 1994–1994
1 sentence

1994App. 3d 1049, 1055 , 523 N.E.2d 1239, 1243 (concession of defendant’s guilt to lesser offense has been held to be valid trial strategy in some instances).) We note, however, that the competence of defense counsel is to be determined "from a consideration of the totality of counsel’s conduct, not isolated incidents.” (People v. McKendrick (1985), 138 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 (6)

CaseCitedYears
People v. Mitchell green
ill · 1984
2 sentences

2002App. 3d 1018, 1025-26 (1985), citing Mitchell, 105 Ill. 2d 1 .

2002App. 3d 1018, 1025-26 (1985), citing People v. Mitchell, 105 Ill. 2d 1 (1984).

52002–2002
Strickland v. Washington green
scotus · 1984
2 sentences

2014Id. at 692-93 . ¶ 87 The statute in question here, which became effective January 1, 2010, reads that in a prosecution for attempted first degree murder: "[I]f the defendant proves by a preponderance of the evidence at sentencing that, at the time of the attempted murder, he or she was acting under a sudden and intense passion resulting from serious provocation by the individual whom the defendant endeavored to kill, or another, and, had the individual the defendant endeavored to kill died, the defendant would have negligently or accidentally caused that death, then the sentence for attempted

2014Id. at 692-93 . - 15 - ¶ 87 The statute in question here, which became effective January 1, 2010, reads that in a prosecution for attempted first degree murder: “[I]f the defendant proves by a preponderance of the evidence at sentencing that, at the time of the attempted murder, he or she was acting under a sudden and intense passion resulting from serious provocation by the individual whom the defendant endeavored to kill, or another, and, had the individual the defendant endeavored to kill died, the defendant would have negligently or accidentally caused that death, then the sentence for att

22014–2014
People v. Haywood green
ill · 1980
2 sentences

1983In Illinois a claim of ineffective representation by counsel is judged as follows (People v. Haywood (1980), 82 Ill. 2d 540, 543-44 , 413 N.E.2d 410 ): “[I]it must be established that counsel was actually incompetent in the performance of his duties and that substantial prejudice resulted from such incompetency, without which the results of the trial would have been different. [Citations.] However, if the alleged incompetency is a matter of trial tactics or strategy, which are purely matters of professional judgment, such allegations cannot support a claim of ineffective representation. [Citat

1983In Illinois a claim of ineffective representation by counsel is judged as follows (People v. Haywood (1980), 82 Ill. 2d 540, 543-44 , 413 N.E.2d 410 ): “[I]it must be established that counsel was actually incompetent in the performance of his duties and that substantial prejudice resulted from such incompetency, without which the results of the trial would have been different. [Citations.] However, if the alleged incompetency is a matter of trial tactics or strategy, which are purely matters of professional judgment, such allegations cannot support a claim of ineffective representation. [Citat

11983–1983
People v. Davis neutral
illappct · 1981
1 sentence

1983People v. Davis (1981), 103 Ill.

11983–1983
The People v. Williams green
ill · 1967
2 sentences

1978(People v. Williams (1967), 38 Ill. 2d 115 , 230 N.E.2d 224 ; People v. Johnson (1st Dist. 1976), 42 Ill.

1978(People v. Williams (1967), 38 Ill. 2d 115 , 230 N.E.2d 224 ; People v. Johnson (1st Dist. 1976), 42 Ill.

11978–1978
People v. Johnson green
illappct · 1976
1 sentence

1978(People v. Williams (1967), 38 Ill. 2d 115 , 230 N.E.2d 224 ; People v. Johnson (1st Dist. 1976), 42 Ill.

11978–1978

Statutes the citing opinions construe

IL § 720 ILCS 570/401 (3) IL § 720 ILCS 570/407 (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

CA 78 (1980–2025) IL 11 (1978–2020) OH 6 (2001–2016) MI 5 (1976–2019) VT 4 (1993–2025) NC 4 (2009–2025) GA 4 (1989–2019) NY 4 (1989–1994) DC 4 (1974–2016) TX 4 (1979–2022) PA 3 (1986–2008) FL 2 (2002–2006) MO 2 (1984–2015) WI 2 (2000–2015) ME 2 (1983–2017) MA 2 (1971–1993) IA 2 (2013–2019) MS 2 (1994–2024)

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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