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11 Illinois opinions name it 2 courts 2021–2026 11 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.
| Case | Followed | Cited |
|---|---|---|
People v. Hodgesgreen2 sentences2026A postconviction petition advances to the second stage of postconviction proceedings if (1) the court fails to rule on the petition within the 90-day period, regardless of the petition’s merit (People v. Harris, 224 Ill. 2d 115, 129 (2007)) or (2) the facts alleged in the petition state an arguable claim of a constitutional deprivation (People v. Hodges, 234 Ill. 2d 1, 9 (2009)). ¶ 39 Once the court has docketed a postconviction petition for second-stage proceedings, the State “shall answer or move to dismiss.” 725 ILCS 5/122-5 (West 2024). 2024The petition advances to the second stage if: (1) the court fails to rule on the petition within the 90-day period, regardless of the petition's merit (People v. Harris, 224 Ill. 2d 115, 129 (2007)), or (2) the facts alleged in the petition state an arguable claim of constitutional deprivation (People v. Hodges, 234 Ill. 2d 1, 16 (2009)). | 7 | 7 |
People v. Harrisgreen2 sentences2026A postconviction petition advances to the second stage of postconviction proceedings if (1) the court fails to rule on the petition within the 90-day period, regardless of the petition’s merit (People v. Harris, 224 Ill. 2d 115, 129 (2007)) or (2) the facts alleged in the petition state an arguable claim of a constitutional deprivation (People v. Hodges, 234 Ill. 2d 1, 9 (2009)). ¶ 39 Once the court has docketed a postconviction petition for second-stage proceedings, the State “shall answer or move to dismiss.” 725 ILCS 5/122-5 (West 2024). 2024The petition advances to the second stage if: (1) the court fails to rule on the petition within the 90-day period, regardless of the petition's merit (People v. Harris, 224 Ill. 2d 115, 129 (2007)), or (2) the facts alleged in the petition state an arguable claim of constitutional deprivation (People v. Hodges, 234 Ill. 2d 1, 16 (2009)). | 7 | 7 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Urzua
green
2 sentences2024A petition advances to the second stage of postconviction proceedings “if (1) the court fails to rule on the petition within the 90-day period, regardless of the petition’s merit [citation], or (2) the facts alleged in the petition state an arguable claim of constitutional deprivation [citation].” Id. ¶ 56 During the second stage of postconviction proceedings, “the petitioner bears the burden of making a substantial showing of a constitutional violation.” People v. Domagala, 2013 IL 113688, ¶ 35 . 2024People v. Urzua, 2023 IL 127789, ¶ 32 . ¶ 23 At the second stage, counsel may be appointed to assist an indigent defendant. | 2 | 2024–2024 |
People v. Domagala
green
2 sentences2024A petition advances to the second stage of postconviction proceedings “if (1) the court fails to rule on the petition within the 90-day period, regardless of the petition’s merit [citation], or (2) the facts alleged in the petition state an arguable claim of constitutional deprivation [citation].” Id. ¶ 56 During the second stage of postconviction proceedings, “the petitioner bears the burden of making a substantial showing of a constitutional violation.” People v. Domagala, 2013 IL 113688, ¶ 35 . 2024People v. Domagala, 2013 IL 113688, ¶ 33 . | 2 | 2024–2024 |
People v. Williams
green
1 sentence2026Williams, 2025 IL 129718, ¶ 42 . | 1 | 2026–2026 |
People v. Graham
neutral
1 sentence2024If the petition makes a substantial showing of a constitutional violation, it advances to a third-stage evidentiary hearing where the postconviction court receives evidence and determines whether defendant is entitled to relief. 725 ILCS 5/122-6 (West 2022). -5- No. 1-23-0214 ¶ 14 “At the second stage of postconviction proceedings, the State may file a motion to dismiss the petition.” People v. Graham, 2012 IL App (1st) 102351, ¶ 31 . | 1 | 2024–2024 |
People v. Huff
green
1 sentence2024People v. Huff, 2024 IL 128492, ¶ 19 . ¶ 20 At the second stage, counsel may be appointed to assist an indigent defendant. 725 ILCS 5/122-4 (West 2020). | 1 | 2024–2024 |
People v. Tate
green
1 sentence2023Accordingly, the petition advances to the second stage if (1) the court fails to rule on the petition within the 90-day period, regardless of the petition’s merit (People v. Harris, 224 Ill. 2d 115, 129 (2007)), or (2) the facts alleged in the petition state an arguable claim of constitutional deprivation (People v. Hodges, 234 Ill. 2d 1, 16 (2009)). ¶ 33 At the second stage, counsel may be appointed to assist an indigent defendant. 725 ILCS 5/122-4 (West 2010); Tate, 2012 IL 112214, ¶ 10 . | 1 | 2023–2023 |
People v. Starks
green
2 sentences2023Once the petition has advanced to the second stage of proceedings, “the trial court can no longer dismiss the petition sua sponte.” People v. Starks, 2012 IL App (2d) 110324, ¶ 23 , 975 N.E.2d 71 . ¶ 42 Once the court has docketed a postconviction petition for second-stage proceedings, the State “shall answer or move to dismiss.” (Emphasis added.) 725 ILCS 5/122-5 (West 2018). 2023Once the petition has advanced to the second stage of proceedings, “the trial court can no longer dismiss the petition sua sponte.” People v. Starks, 2012 IL App (2d) 110324, ¶ 23 , 975 N.E.2d 71 . ¶ 42 Once the court has docketed a postconviction petition for second-stage proceedings, the State “shall answer or move to dismiss.” (Emphasis added.) 725 ILCS 5/122-5 (West 2018). | 1 | 2023–2023 |
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.