credible evidence standard (Illinois) · Go Syfert
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credible evidence standard in Illinois

10 Illinois opinions name it 2 courts 2002–2017 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 (5)

CaseFollowedCited
Cavarretta v. Department of Children & Family Servicesgreen
illappct · 1996 · cited in 4 Illinois opinions naming this issue, 2002–2004
2 sentences

2002Only that right can possibly save the credible-evidence standard from unconstitutionality. “[B]eing placed on the State register of suspected child abusers implicates a [f]ederal liberty interest.” Cavaretta, 277 Ill.

2002Only that right can possibly save the credible-evidence standard from unconstitutionality. "[B]eing placed on the State register of suspected child abusers implicates a [f]ederal liberty interest." Cavaretta , 277 Ill.

24
The PEOPLE v. Canadagreen
ill · 1962 · cited in 2 Illinois opinions naming this issue, 2016–2017
2 sentences

2017See People v. Joyner, 50 Ill. 2d 302, 306 (1972); People v. Canada, 26 Ill. 2d 491, 491-92 (1962).

2016See People v. Joyner, 50 Ill. 2d 302, 306 (1972); People v. Canada, 26 Ill. 2d 491, 491-92 (1962).

22
People v. Joynergreen
ill · 1972 · cited in 2 Illinois opinions naming this issue, 2016–2017
2 sentences

2017See People v. Joyner, 50 Ill. 2d 302, 306 (1972); People v. Canada, 26 Ill. 2d 491, 491-92 (1962).

2016See People v. Joyner, 50 Ill. 2d 302, 306 (1972); People v. Canada, 26 Ill. 2d 491, 491-92 (1962).

22
In Re Selivonikgreen
· 1995 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004See, e.g., In re Selivonik, 164 Vt. 383, 389 , 670 A.2d 831, 835 (1995).

2004See, e.g., In re Selivonik, 164 Vt. 383, 389 , 670 A.2d 831, 835 (1995).

22
Lyon v. Department of Children & Family Servicesgreen
ill · 2004 · cited in 5 Illinois opinions naming this issue, 2004–2009
2 sentences

2009We find that it is constitutionally acceptable to place the entire risk of error, through use of the credible-evidence standard, on the subject for the finite period of the administrative appeal because the appeal is finally determined under the preponderance standard, which balances the risk of error equally.” Lyon, 209 Ill. 2d at 282 .

2009Thus, we *** hold that a subject’s due process rights are violated by the use of the credible-evidence standard to indicate a report and to resolve a first-stage appeal when combined with delays in the final resolution of the administrative appeal.” Lyon, 209 Ill. 2d at 282-83 .

15

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 (2)

CaseCitedYears
cluster 779307 green
ca7 · 2002
2 sentences

2004Thus, we agree with the appellate court and hold that a subject's due process rights are violated by the use of the credible-evidence standard to indicate a report and to resolve a first-stage appeal when combined with delays in the final resolution of the administrative appeal. 335 Ill.App.3d at 390 , 269 Ill.Dec. 276 , 780 N.E.2d 748 ; Doyle, 305 F.3d 603 , 619 (applying Illinois law).

2004App. 3d at 390 ; Doyle, 305 F.3d 603 , 619 (applying Illinois law).

22004–2004
Lyon v. Department of Children & Family Services green
illappct · 2002
2 sentences

2004In light of the Mathews factors, the court explained, “The credible-evidence standard is fair only if the alleged perpetrator soon receives a hearing under the preponderance-of-the-evidence standard and, soon after the hearing, the Department issues a final decision.” 335 Ill.

2004Thus, we agree with the appellate court and hold that a subject’s due process rights are violated by the use of the credible-evidence standard to indicate a report and to resolve a first-stage appeal when combined with delays in the final resolution of the administrative appeal. 335 Ill.

22004–2004

Statutes the citing opinions construe

IL § 325 ILCS 5/1 (5) IL § 325 ILCS 5/3 (5) IL § 325 ILCS 5/7.12 (4) IL § 325 ILCS 5/7.16 (4) IL § 325 ILCS 5/7.7 (4) IL § 225 ILCS 15/15.2 (3) IL § 225 ILCS 15/16.1 (3) IL § 225 ILCS 15/21.6 (3) IL § 225 ILCS 15/22 (3) IL § 735 ILCS 5/3-110 (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

NY 26 (1983–2024) IL 10 (2002–2017) WI 7 (1977–2006) VA 5 (1993–2015) MS 3 (1992–2018) MT 3 (1995–2004) NJ 3 (1976–2004) CO 3 (2009–2026) PA 2 (2013–2020)

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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