determined error in Illinois

1999In People v. Perez, 148 Ill.2d 168 , 170 Ill.Dec. 304 , 592 N.E.2d 984 (1992), this court determined that defense counsel rendered ineffective assistance of counsel during the defendant's capital sentencing hearing in failing to investigate and present evidence of the defendant's mental history and background.

1999In People v. Perez, 148 Ill. 2d 168 (1992), this court determined that defense counsel rendered ineffective assistance of counsel during the defendant’s capital sentencing hearing in failing to investigate and present evidence of the defendant’s mental history and background.

2018Id. at 202-03 .

2017Id. at 202-03, 334 Ill.Dec. 575 , 917 N.E.2d 401 .

2016Old Ben Coal, 150 Ill.

2016Old Ben Coal, 150 Ill.

2015Chatman, 381 Ill.

2015Chatman, 381 Ill.

2014As relevant here, the court determined that the requirement that the parties agree to the timing of visitation “operate[d] to grant the ultimate determination of whether [the father] may exercise his visitation rights to [the mother].” Id. at 504 .

2014As relevant here, the court determined that the requirement that the parties agree to the timing of visitation “operate[d] to grant the ultimate determination of whether [the father] may exercise his visitation rights to [the mother].” Id. at 504 .

2014Chatman also held that "Illinois courts generally will not apply new rules retroactively to cases on collateral review." Id.

2014Chatman also held that “Illinois courts generally will not apply new rules retroactively to cases on collateral review.” Id.

2010Lefler, 294 Ill.

2010Lefler, 294 Ill.

2010The court determined that this test could not be met with respect to the July 3 order because significant issues — the terms of the respondent’s release — were left for future determination. 392 Ill.

2010The court determined that this test could not be met with respect to the July 3 order because significant issues–the terms of the respondent’s release–were left for future determination. 392 Ill.

2008ANALYSIS Voir Dire Proceedings In Houston I, this court determined that defense counsel’s waiver of the court reporter for voir dire constituted deficient performance, and defendant therefore satisfied the first prong of the test set forth in Strickland v. Washington, 466 U.S. 668 , 80 L.

2008ANALYSIS Voir Dire Proceedings In Houston I, this court determined that defense counsel’s waiver of the court reporter for voir dire constituted deficient performance, and defendant therefore satisfied the first prong of the test set forth in Strickland v. Washington, 466 U.S. 668 , 80 L.

2008Richmond, 341 Ill.

2008Richmond, 341 Ill.

2008Relying on People v. Wilson, 246 Ill.

2008Relying on People v. Wilson, 246 Ill.

2005Instead, I believe that People v. Etherly, 344 Ill.App.3d 599 , 279 Ill.Dec. 807 , 801 N.E.2d 99 (2003) is the route that this district should follow.

2005Instead, I believe that People v. Etherly, 344 Ill.

2003Lockett, 82 Ill. 2d at 552 .

2003Lockett, 82 Ill. 2d at 552 .

2003In Frye , the court determined that a test described as the "systolic blood pressure deception test has not yet gained such standing and scientific recognition among physiological and psychological authorities as would justify the courts in admitting expert testimony deduced from the discovery, development, and experiments thus far made." Frye, 293 F. at 1014 .

2003In Frye , the court determined that a test described as the "systolic blood pressure deception test has not yet gained such standing and scientific recognition among physiological and psychological authorities as would justify the courts in admitting expert testimony deduced from the discovery, development, and experiments thus far made." Frye , 293 F. at 1014 .

2002Bugailiskis, 278 Ill.

2002Bugailiskis , 278 Ill.

2000State Farm Mutual , 306 Ill.

2000State Farm Mutual, 306 Ill.

1997In Pfister v. Shusta, 167 Ill. 2d 417 , 657 N.E.2d 1013 (1995), our supreme court adopted the analytical framework first stated in Nabozny, finding it to offer a "practical approach that is also supported by common sense.” Pfister, 167 Ill. 2d at 425 .

1997In Pfister v. Shusta, 167 Ill. 2d 417 , 657 N.E.2d 1013 (1995), our supreme court adopted the analytical framework first stated in Nabozny, finding it to offer a "practical approach that is also supported by common sense.” Pfister, 167 Ill. 2d at 425 .

2023Id. at 1055- 56.

2023Although defendant requests de novo review (People v. Bustos, 2020 IL App (2d) 170497, ¶ 87 ), his claim is not raised for the first time on appeal as he presented this claim during the preliminary Krankel hearing, and the trial court determined the claim had no merit. ¶ 43 The Illinois Supreme Court’s decision in Krankel, 102 Ill. 2d 181 , developed a common- law procedure to address pro se posttrial claims of ineffective assistance of counsel.

2023Although defendant requests de novo review (People v. Bustos, 2020 IL App (2d) 170497, ¶ 87 ), his claim is not raised for the first time on appeal as he presented this claim during the preliminary Krankel hearing, and the trial court determined the claim had no merit. ¶ 43 The Illinois Supreme Court’s decision in Krankel, 102 Ill. 2d 181 , developed a common- law procedure to address pro se posttrial claims of ineffective assistance of counsel.

2023The court determined this was error because it was possible “that only four jurors believed that defendant was guilty of delivering a controlled substance to one of the officers, four other jurors believed that defendant was guilty of delivering a controlled substance to another officer and the remaining four jurors believed that defendant was guilty of delivering a controlled substance to the third officer.” Id. at 169 .

2023That possibility permitted “a unanimous guilty verdict to have been rendered without all 12 jurors agreeing that defendant delivered a controlled substance to a particular recipient as set forth in each count of the indictment.” Id. ¶ 15 In Smith, a general verdict form was provided to the jury, allowing them to find defendants guilty of murder if they found any one of the theories alleged in the indictment, which included intentional, knowing, and felony murder.

2023In re Johnathan T., 2022 IL 127222, ¶ 23 .

2021The court determined that the presumption of identity did not apply in such circumstances, as an “indictment itself can no more substitute for evidence of defendant’s use - 18 - of aliases than it can be used to prove defendant’s commission of the crime it charges.” Id. at 1013 . ¶ 68 The court also rejected the State’s claim that its burden of proof could be satisfied by the court taking judicial notice of birth dates appearing on documents after the parties rested and the proofs were closed.

2021Id.

2017App. 3d at 497 , 663 N.E.2d at 65 . ¶ 101 Here, after the court determined that an instruction on habit should be given, YCA requested that the court also include a legal definition of “habit.” The court stated that it was not aware if there was an accepted legal definition and habit may just have its ordinary meaning.