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10 Illinois opinions name it 1 courts 2012–2026 5 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. Browngreen2 sentences2026To establish a second stage postconviction claim plea counsel provided ineffective assistance, a defendant must make a substantial showing (1) “his counsel’s performance fell below an objective standard of reasonableness” and (2) “ ‘there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.’ ” People v. Brown, 2017 IL 121681, ¶¶ 25-26 (quoting Hill v. Lockhart, 474 U.S. 52, 59 (1985)). 2018See People v. Brown , 2017 IL 121681 , ¶ 53, 421 Ill.Dec. 924 , 102 N.E.3d 205 . ¶ 32 Under Edwards and Gomez , because the proceedings were at the second stage, prejudice was not presumed, and defendant was required to establish a justifiable basis for filing a motion to reconsider the sentence such that there was a reasonable probability that the motion would have been granted. | 3 | 3 |
Class v. United Statesgreen2 sentences2020See Class v. United States, 583 U.S. ___ , ___, 138 S. Ct. 798, 803-05 (2018) (a guilty plea does not bar a constitutional claim on appeal where, on the face of the record, the court had no power to impose the sentence); see also People v. Patterson, 2018 IL App (1st) 160610, ¶ 21 (the defendant’s guilty plea did not bar his constitutional claim where his claim did not contradict the terms of the indictment or his plea agreement but instead challenged the State’s power to constitutionally prosecute him). -7- ¶ 20 Further, both the State and the defendant request that we remand this case to the 2020See Class v. United States, 583 U.S. ___ , ___, 138 S. Ct. 798, 803-05 (2018) (a guilty plea does not bar a constitutional claim on appeal where, on the face of the record, the court had no power to impose the sentence); see also People v. Patterson, 2018 IL App (1st) 160610, ¶ 21 (the defendant’s guilty plea did not bar his constitutional claim where his claim did not contradict the terms of the indictment or his plea agreement but instead challenged the State’s power to constitutionally prosecute him). ¶ 20 Further, both the State and the defendant request that we remand this case to the tri | 2 | 2 |
Hill v. Lockhartgreen1 sentence2026To establish a second stage postconviction claim plea counsel provided ineffective assistance, a defendant must make a substantial showing (1) “his counsel’s performance fell below an objective standard of reasonableness” and (2) “ ‘there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.’ ” People v. Brown, 2017 IL 121681, ¶¶ 25-26 (quoting Hill v. Lockhart, 474 U.S. 52, 59 (1985)). | 1 | 1 |
People v. Colemangreen1 sentence2026People v. Coleman, 183 Ill. 2d 366, 387-89 (1998). | 1 | 1 |
People v. Mooregreen1 sentence2022Postconviction counsel also included eight additional allegations that addressed defendant’s previous relationship with both his initial and subsequent trial counsels, and affirmatively stated that defendant had a “profound learning disability” that “deprive[d] him of the ability to think clearly when circumstances suddenly and unexpectedly changed.” ¶ 36 The Act requires “only a reasonable level of assistance by appointed counsel at post- conviction proceedings.” People v. Moore, 189 Ill. 2d 521, 541 (2000) (citing People v. Guest, 166 Ill. 2d 381, 412 (1995)). | 1 | 1 |
People v. Guestgreen1 sentence2022Postconviction counsel also included eight additional allegations that addressed defendant’s previous relationship with both his initial and subsequent trial counsels, and affirmatively stated that defendant had a “profound learning disability” that “deprive[d] him of the ability to think clearly when circumstances suddenly and unexpectedly changed.” ¶ 36 The Act requires “only a reasonable level of assistance by appointed counsel at post- conviction proceedings.” People v. Moore, 189 Ill. 2d 521, 541 (2000) (citing People v. Guest, 166 Ill. 2d 381, 412 (1995)). | 1 | 1 |
People v. Pattersongreen1 sentence2020See Class v. United States, 583 U.S. ___ , ___, 138 S. Ct. 798, 803-05 (2018) (a guilty plea does not bar a constitutional claim on appeal where, on the face of the record, the court had no power to impose the sentence); see also People v. Patterson, 2018 IL App (1st) 160610, ¶ 21 (the defendant’s guilty plea did not bar his constitutional claim where his claim did not contradict the terms of the indictment or his plea agreement but instead challenged the State’s power to constitutionally prosecute him). ¶ 20 Further, both the State and the defendant request that we remand this case to the tri | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Thompson
neutral
1 sentence2024The trial court expressly indicated at the second-stage hearing that it reviewed the pro se issues defendant raised and found that they lacked merit. 16 1-22-0911 ¶ 44 Defendant relies on People v. Thompson, 2016 IL App (3d) 150644 to support his claim that his postconviction counsel provided unreasonable assistance. | 1 | 2024–2024 |
People v. Domagala
green
1 sentence2022People v. Domagala, 2013 IL 113688, ¶ 36 . | 1 | 2022–2022 |
People v. Tate
green
1 sentence2022(West 2018)) “provides a method by which persons under criminal sentence in this state can assert that their convictions were the result of a substantial denial of their rights under the United States Constitution or the Illinois Constitution or both.” People v. Tate, 2012 IL 112214, ¶ 8 . | 1 | 2022–2022 |
People v. Chears
green
1 sentence2012People v. Chears, 389 Ill. | 1 | 2012–2012 |
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.