certificate requirement (Illinois) · Go Syfert
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certificate requirement in Illinois

79 Illinois opinions name it 2 courts 1900–2025 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.

Followed or applied (16)

CaseFollowedCited
People v. Janesgreen
ill · 1994 · cited in 24 Illinois opinions naming this issue, 1998–2023
2 sentences

2017App. 3d 957 (1990), granted the defendants therein “the right to file a new motion to withdraw guilty plea and the right to have a hearing on the new motion” (emphases added) (Janes, 158 Ill. 2d at 33 ) as a remedy for counsel’s failure to comply with the certificate requirement.

2017App. 3d 957 (1990), granted the defendants therein “the right to file a new motion to withdraw guilty plea and the right to have a hearing on the new motion” (emphases added) (Janes, 158 Ill. 2d at 33 ) as a remedy for counsel’s failure to comply with the certificate requirement.

1324
People v. Shirleygreen
ill · 1998 · cited in 12 Illinois opinions naming this issue, 2003–2022
2 sentences

2021The rule’s certificate requirement states: “The defendant’s attorney shall file with the trial court a certificate stating that the attorney has consulted with the defendant either by phone, mail, electronic means or in person to ascertain defendant’s contentions of error in the sentence and the entry of the plea of guilty, has examined the trial court file and both the report of proceedings of the plea of guilty and the report of proceedings in the sentencing hearing, and has made any amendments to the motion necessary for adequate presentation of any defects in those proceedings.” Id. ¶ 20 “

2014If the motion to -5- withdraw the plea is denied, that decision can be considered on review.” Id. at 104 . ¶ 15 With regard to the rule’s certificate requirement, this court stated: “Requiring the defendant’s counsel to file the requisite certificate enables the trial court to insure that counsel has reviewed the defendant’s claim and considered all relevant bases for the motion to withdraw the guilty plea or to reconsider the sentence.” (Emphasis added.) People v. Shirley, 181 Ill. 2d 359, 361 (1998). ¶ 16 In sum, a main purpose of Rule 604(d) is to ensure that any improper conduct or other a

712
People v. Lindsaygreen
ill · 2011 · cited in 3 Illinois opinions naming this issue, 2017–2020
2 sentences

2020People v. Janes, 158 Ill. 2d 27 , 35- 36, 630 N.E.2d 790, 793-94 (1994); see also People v. Lindsay, 239 Ill. 2d 522, 531 , 942 N.E.2d 1268, 1273-74 .

2020People v. Janes, 158 Ill. 2d 27 , 35- 36, 630 N.E.2d 790, 793-94 (1994); see also People v. Lindsay, 239 Ill. 2d 522, 531 , 942 N.E.2d 1268, 1273-74 .

33
Chicago Sheraton Corp. v. Zabangreen
ill · 1978 · cited in 7 Illinois opinions naming this issue, 1982–2014
2 sentences

2014App. 3d 103, 105 (2008); see Chicago Sheraton Corp. v. Zaban, 71 Ill. 2d 85, 91 (1978) (legislature intended the certificate of error procedure to be an expeditious summary process without the participation by the taxpayer for correcting the assessor's errors).

2014App. 3d 103, 105 (2008); see Chicago Sheraton Corp. v. Zaban, 71 Ill. 2d 85, 91 (1978) (legislature intended the certificate of error procedure to be an expeditious summary process without the participation by the taxpayer for correcting the assessor’s errors).

27
Ball v. County of Cookgreen
illappct · 2008 · cited in 5 Illinois opinions naming this issue, 2009–2014
2 sentences

2014Ball v. County of Cook, 385 Ill.

2014Ball v. County of Cook, 385 Ill.

25
People v. Dickersongreen
illappct · 1991 · cited in 5 Illinois opinions naming this issue, 1994–2005
2 sentences

2004Further, " '[a]dherence to a rule of strict compliance with the certificate requirement will not place an onerous burden on defense counsel, and, significantly, it will eliminate unnecessary appeals.' " Janes , 158 Ill. 2d at 35 , quoting People v. Dickerson , 212 Ill.

2004Further, “ ‘[ajdherence to a rule of strict compliance with the certificate requirement will not place an onerous burden on defense counsel, and, significantly, it will eliminate unnecessary appeals.’ ” Janes, 158 Ill. 2d at 35 , quoting People v. Dickerson, 212 Ill.

25
People v. Johnsongreen
ill · 1993 · cited in 3 Illinois opinions naming this issue, 1999–2023
2 sentences

2023See People v. Johnson, 154 Ill. 2d 227, 241 (1993).

1999Counsel’s failure to file an affidavit certifying compliance with Rule 651(c) is harmless error if “the record demonstrates that counsel adequately fulfilled his duties as post-conviction counsel.” People v. Johnson, 154 Ill. 2d 227, 238 (1993), citing People v. Szabo, 144 Ill. 2d 525 (1991).

23
People v. Martellgreen
illappct · 2015 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017See People v. Martell, 2015 IL App (2d) 141202 , ¶ 21 (citing People v. Lindsay, 239 Ill. 2d 522, 531 (2011)).

2017See People v. Martell, 2015 IL App (2d) 141202 , ¶ 21 (citing People v. Lindsay, 239 Ill. 2d 522, 531 (2011)).

22
People v. Mastgreen
illappct · 1999 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000People v. Janes, 158 Ill. 2d 27, 35 (1994); People v. Mast, 305 Ill.

2000People v. Janes , 158 Ill. 2d 27, 35 (1994); People v. Mast , 305 Ill.

22
Melendez-Diaz v. Massachusettsgreen
scotus · 2009 · cited in 2 Illinois opinions naming this issue, 2011–2013
2 sentences

2013See id. at 329 . ¶ 52 Two other aspects of Melendez-Diaz are particularly notable for the purpose of this appeal.

2011Melendez-Diaz, 557 U.S. ___ , 129 S.Ct. at 2532 .

12
Crawford v. Washingtongreen
scotus · 2004 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025See id. at 329 (citing Crawford, 541 U.S. 36 ).

11
United Methodist Village Retirement Communities, Inc. v. Property Tax Appeal Boardgreen
illappct · 2001 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023According to a September 2004 letter from the Champaign County chief assessment officer to plaintiff, “although [s]uch a partial exemption may have been allowed in the past, *** it appears that partial exemptions are to be determined solely by the [Department].” See, e.g., United Methodist Village Retirement Communities, Inc., 321 Ill.

11
Clemmons v. Travelers Insurance Co.green
ill · 1981 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023Id. (quoting Clemmons v. Travelers Insurance Co., 88 Ill. 2d 469, 480-81 (1981)). ¶ 29 In determining whether substitute service was proper, we must consider the record as a whole.

11
People v. Jenningsgreen
illappct · 2003 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023Counsel may either file a Rule 651(c) certificate or “the record as a whole may demonstrate that postconviction counsel complied with those requirements.” People v. Jennings, 345 Ill.

11
People v. Munetsigreen
illappct · 1996 · cited in 1 Illinois opinions naming this issue, 2017–2017
11
People v. Heinzgreen
illappct · 1994 · cited in 1 Illinois opinions naming this issue, 2013–2013
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 (36)

CaseCitedYears
People v. Tousignant green
ill · 2014
2 sentences

2021The rule’s certificate requirement states: “The defendant’s attorney shall file with the trial court a certificate stating that the attorney has consulted with the defendant either by phone, mail, electronic means or in person to ascertain defendant’s contentions of error in the sentence and the entry of the plea of guilty, has examined the trial court file and both the report of proceedings of the plea of guilty and the report of proceedings in the sentencing hearing, and has made any amendments to the motion necessary for adequate presentation of any defects in those proceedings.” Id. ¶ 20 “

2021The rule’s certificate requirement enables the trial court “ ‘to ensure that counsel has reviewed the defendant’s claim and considered all relevant bases for the motion to withdraw the guilty plea or to reconsider the sentence.’ ” Id. (quoting People v. Tousignant, 2014 IL 115329, ¶ 16 ).

82015–2021
People v. Wilk green
ill · 1988
2 sentences

2014If the motion to -5- withdraw the plea is denied, that decision can be considered on review.” Id. at 104 . ¶ 15 With regard to the rule’s certificate requirement, this court stated: “Requiring the defendant’s counsel to file the requisite certificate enables the trial court to insure that counsel has reviewed the defendant’s claim and considered all relevant bases for the motion to withdraw the guilty plea or to reconsider the sentence.” (Emphasis added.) People v. Shirley, 181 Ill. 2d 359, 361 (1998). ¶ 16 In sum, a main purpose of Rule 604(d) is to ensure that any improper conduct or other a

2014If the motion to -5- withdraw the plea is denied, that decision can be considered on review.” Id. at 104 . ¶ 15 With regard to the rule’s certificate requirement, this court stated: “Requiring the defendant’s counsel to file the requisite certificate enables the trial court to insure that counsel has reviewed the defendant’s claim and considered all relevant bases for the motion to withdraw the guilty plea or to reconsider the sentence.” (Emphasis added.) People v. Shirley, 181 Ill. 2d 359, 361 (1998). ¶ 16 In sum, a main purpose of Rule 604(d) is to ensure that any improper conduct or other a

61991–2014
People v. Easton green
ill · 2018
2 sentences

2021The rule’s certificate requirement enables the trial court “ ‘to ensure that counsel has reviewed the defendant’s claim and considered all relevant bases for the motion to withdraw the guilty plea or to reconsider the sentence.’ ” Id. (quoting People v. Tousignant, 2014 IL 115329, ¶ 16 ).

2020The court further stated that “[i]f the certificate fails to meet this standard, a reviewing court must remand the case to the trial court for proceedings that strictly comply with Rule 604(d).” Id. ¶ 16 The certificate requirement in Rule 604(d) enables the trial court to ensure that counsel has reviewed a defendant’s claims and considered all of the relevant bases for a motion to withdraw the guilty plea or reconsider the sentence.

32020–2021
Sears Holdings Corp. v. Pappas green
illappct · 2009
2 sentences

2011Id. at 148 .

2011Id.

32009–2011
People v. Priest green
illappct · 2003
2 sentences

2019Because defendant’s attorney could not consult with defendant, she obviously could not certify that she had done so. ¶ 15 Although not precisely on point, People v. Priest, 345 Ill.

2019Because defendant's attorney could not consult with defendant, she obviously could not certify that she had done so. ¶ 15 Although not precisely on point, People v. Priest , 345 Ill.

22019–2019
Sarkissian v. Chicago Board of Education green
ill · 2002
2 sentences

2019But the certificate requirement is contained in the garnishment statute—specifically, in section 12-705 of the Code—and section 12-705 is not a statute “governing the service of process.” Id.

2018But the certificate requirement is contained in the garnishment statute-specifically, in section 12-705 of the Code-and section 12-705 is not a statute "governing the service of process." Id.

22018–2019
Sorce v. Armstrong green
illappct · 2010
2 sentences

2011Id. at 1098-99 , 341 Ill.Dec. 77 , 929 N.E.2d 1156 .

2011Id. at 1098-99 , 341 Ill.Dec. 77 , 929 N.E.2d 1156 .

22011–2011
Bullcoming v. New Mexico green
scotus · 2011
2 sentences

2011Bullcoming, 564 U.S. at ___ , 131 S. Ct. at 2710 . ¶ 76 The BAC report at issue in Bullcoming and the certificate of analysis at issue in Melendez-Diaz differ from the medical examiner’s report at issue in the instant case.

2011Bullcoming, 564 U.S. at ___ , 131 S.Ct. at 2710 . ¶ 76 The BAC report at issue in Bullcoming and the certificate of analysis at issue in Melendez-Diaz differ from the medical examiner's report at issue in the instant case.

22011–2011
Subway Restaurants, Inc. v. Riggs green
illappct · 1998
2 sentences

2011Subway Restaurants, Inc., 297 Ill.

2011Subway Restaurants, Inc., 297 Ill.

22011–2011
People ex rel. Rosewell v. 1040 Hollywood Building Partnership green
illappct · 1988
2 sentences

2008In re Application of the Cook County Treasurer for the 1968, 1973, 1980 & Other Tax Years, 172 Ill.

2008In re Application of the Cook County Treasurer for the 1968, 1973, 1980 & Other Tax Years, 172 Ill.

22008–2008
People v. McCaskill green
illappct · 1998
2 sentences

2006Cf. People v. McCaskill, 298 Ill.

2006Cf. People v. McCaskill, 298 Ill.

22006–2006
People v. Hampton neutral
illappct · 2003
2 sentences

2006“The certificate requirement allows ‘the trial court to insure that counsel has reviewed the defendant’s claim and considered all relevant bases for the motion to withdraw the guilty plea or to reconsider the sentence.’ ” People v. Hampton, 335 Ill.

2006“Our supreme court has held the certificate requirement of Rule 604(d) must be strictly complied with.” Hampton, 335 Ill.

22006–2006
People v. Starks green
illappct · 2003
2 sentences

2005Even the Fourth District acknowledges that the trial courts can help to ensure that defense attorneys comply with the certificate requirement, and that "it is also in the interest of the State to ensure that strict compliance is observed as the State also has an interest in avoiding a failure to comply with Rule 604(d)." Starks , 344 Ill.

2005Even the Fourth District acknowledges that the trial courts can help to ensure that defense attorneys comply with the certificate requirement, and that “it is also in the interest of the State to ensure that strict compliance is observed as the State also has an interest in avoiding a failure to comply with Rule 604(d).” Starks, 344 Ill.

22005–2005
People v. Szabo green
ill · 1991
2 sentences

1999Counsel's failure to file an affidavit certifying compliance with Rule 651(c) is harmless error if "the record demonstrates that counsel adequately fulfilled his duties as post-conviction counsel." People v. Johnson, 154 Ill.2d 227, 238 , 182 Ill.Dec. 1 , 609 N.E.2d 304 (1993), citing People v. Szabo, 144 Ill.2d 525 , 163 Ill.Dec. 907 , 582 N.E.2d 173 (1991).

1999Counsel’s failure to file an affidavit certifying compliance with Rule 651(c) is harmless error if “the record demonstrates that counsel adequately fulfilled his duties as post-conviction counsel.” People v. Johnson, 154 Ill. 2d 227, 238 (1993), citing People v. Szabo, 144 Ill. 2d 525 (1991).

21999–1999
People v. Norris green
illappct · 1977
2 sentences

1991App. 3d 536 , 361 N.E.2d 105 , this court held that the certificate requirement is applicable in all cases; however, substantial compliance with the rule in some cases is acceptable.

1977App. 3d 536 , 361 N.E.2d 105 , that substantial compliance with the certificate requirement is acceptable in some cases.

21977–1991
People v. Williams green
ill · 1999
12023–2023
State Bank of Lake Zurich v. Thill green
ill · 1986
1 sentence

2023Id. (quoting Clemmons v. Travelers Insurance Co., 88 Ill. 2d 469, 480-81 (1981)). ¶ 29 In determining whether substitute service was proper, we must consider the record as a whole.

12023–2023
People v. Alarcon-Trujillo green
illappct · 2021
12021–2021
Panchinsin v. Enterprise Companies green
illappct · 1983
12019–2019
People v. Fricks green
illappct · 2017
12017–2017
People v. McPherson green
illappct · 2017
12017–2017
People v. Bailey green
illappct · 1999
12015–2015
People v. Dismuke green
illappct · 2005
12006–2006
People v. Johnson green
ill · 1993
11999–1999
Fromm v. Rosewell green
ca7 · 1985
11988–1988
Cook County Collector v. House neutral
illappct · 1980
11988–1988
In re Cook County Treasurer neutral
illappct · 1982
11988–1988
People v. Isringhaus green
illappct · 1976
11986–1986
People v. Brown green
illappct · 1985
11986–1986
Van Driel Drug Store, Inc. v. Mahin green
ill · 1970
11982–1982
Clarendon Associates v. Korzen green
ill · 1973
11978–1978
Acorn Auto Driving School, Inc. v. Board of Education of Leyden High School District No. 212 green
ill · 1963
11978–1978
Dietman v. Hunter green
ill · 1955
11978–1978
People v. Harris green
ill · 1971
11977–1977
People v. Samuels green
illappct · 1976
11977–1977
Lawrence v. Traner green
ill · 1891
11900–1900

Statutes the citing opinions construe

IL § 720 ILCS 570/401 (9) IL § 725 ILCS 5/122-1 (9) IL § 730 ILCS 5/5-8-1 (7) IL § 720 ILCS 5/9-1 (6) IL § 625 ILCS 5/11-501 (4) IL § 35 ILCS 200/14-15 (3) IL § 5 ILCS 70/4 (3) IL § 725 ILCS 5/122-2.1 (3) IL § 735 ILCS 5/2-1401 (3) IL § 735 ILCS 5/2-619 (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

VA 155 (1970–2026) IL 79 (1900–2025) CA 57 (1926–2026) MO 38 (1936–2015) TX 32 (1949–2024) MA 21 (1829–2018) PA 21 (1900–2016) MS 20 (1992–2016) MD 19 (1970–2025) NY 15 (1901–2008) AL 14 (1937–2025) MI 13 (1898–2007) LA 12 (1931–2021) GA 10 (1932–2019) IN 6 (1900–2009) NJ 5 (1986–2018) ND 4 (1962–2025) NE 3 (1939–2020) NM 3 (1982–2012) OK 3 (1938–1950) ID 3 (1925–2012) ME 3 (1998–2003) OH 2 (1976–2021) VT 2 (1903–2017) FL 2 (1976–1998) NH 2 (1844–1994) WA 2 (1914–1942) CT 2 (2010–2016)

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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