defendant claims second-prong error (Illinois) · Go Syfert
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defendant claims second-prong error in Illinois

10 Illinois opinions name it 1 courts 2018–2024 3 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
People v. Thompsongreen
ill · 2010 · cited in 7 Illinois opinions naming this issue, 2018–2024
2 sentences

2024Id. ¶ 54 (citing Thompson, 238 Ill. 2d at 613 ).

2024Id. ¶ 54 (citing Thompson, 238 Ill. 2d at 613 ).

27
People v. Walkergreen
ill · 2009 · cited in 2 Illinois opinions naming this issue, 2019–2020
2 sentences

2020Structural errors have been found only in a limited class of cases, including those involving “a complete denial of counsel, trial before a biased judge, racial discrimination in the selection of a grand jury, denial of self-representation at trial, denial of a public trial, and a defective reasonable doubt instruction.” Id.; see also In re Samantha V., 234 Ill. 2d 359 , 378-79, 917 N.E.2d 487 , 499 (2009) (finding error under the second prong based on the trial court’s failure to apply the one- act, one-crime rule); People v. Walker, 232 Ill. 2d 113, 131 , 902 N.E.2d 691, 700 (2009) (finding

2020Structural errors have been found only in a limited class of cases, including those involving “a complete denial of counsel, trial before a biased judge, racial discrimination in the selection of a grand jury, denial of self-representation at trial, denial of a public trial, and a defective reasonable doubt instruction.” Id.; see also In re Samantha V., 234 Ill. 2d 359 , 378-79, 917 N.E.2d 487 , 499 (2009) (finding error under the second prong based on the trial court’s failure to apply the one- act, one-crime rule); People v. Walker, 232 Ill. 2d 113, 131 , 902 N.E.2d 691, 700 (2009) (finding

22
In Re Samanthagreen
ill · 2009 · cited in 2 Illinois opinions naming this issue, 2019–2020
2 sentences

2020Structural errors have been found only in a limited class of cases, including those involving “a complete denial of counsel, trial before a biased judge, racial discrimination in the selection of a grand jury, denial of self-representation at trial, denial of a public trial, and a defective reasonable doubt instruction.” Id.; see also In re Samantha V., 234 Ill. 2d 359 , 378-79, 917 N.E.2d 487 , 499 (2009) (finding error under the second prong based on the trial court’s failure to apply the one- act, one-crime rule); People v. Walker, 232 Ill. 2d 113, 131 , 902 N.E.2d 691, 700 (2009) (finding

2020Structural errors have been found only in a limited class of cases, including those involving “a complete denial of counsel, trial before a biased judge, racial discrimination in the selection of a grand jury, denial of self-representation at trial, denial of a public trial, and a defective reasonable doubt instruction.” Id.; see also In re Samantha V., 234 Ill. 2d 359 , 378-79, 917 N.E.2d 487 , 499 (2009) (finding error under the second prong based on the trial court’s failure to apply the one- act, one-crime rule); People v. Walker, 232 Ill. 2d 113, 131 , 902 N.E.2d 691, 700 (2009) (finding

22
People v. Batesgreen
illappct · 2018 · cited in 2 Illinois opinions naming this issue, 2019–2020
2 sentences

2020“When a defendant claims second-prong error, [she] must prove that a structural error occurred.” Bates, 2018 IL App (4th) 160255, ¶ 72 .

2019Structural errors have been found only in a limited class of cases, including those involving “a complete denial of counsel, trial before a biased judge, racial discrimination in the selection of a grand jury, denial of self-representation at trial, denial of a public trial, and a defective reasonable doubt instruction.” Id.; see also In re Samantha V., 234 Ill. 2d 359 , 378-79, 917 N.E.2d 487 , 499 (2009) (finding error under the second prong based on the trial court’s failure to apply the one-act, one-crime rule); People v. Walker, 232 Ill. 2d 113, 131 , 902 N.E.2d 691, 700 (2009) (finding e

12
People v. Hilliergreen
ill · 2010 · cited in 1 Illinois opinions naming this issue, 2020–2020
2 sentences

2020Since a structural error is one that renders the trial fundamentally unfair or unreliable, the defendant bears the burden of persuasion at all times under a plain error analysis. - 13 - Id. ¶¶ 72-73; see also People v. Hillier, 237 Ill. 2d 539, 545 , 931 N.E.2d 1184, 1187 (2010) (stating the defendant has the burden of persuasion under both prongs of the plain error doctrine).

2020Since a structural error is one that renders the trial fundamentally unfair or unreliable, the defendant bears the burden of persuasion at all times under a plain error analysis. - 13 - Id. ¶¶ 72-73; see also People v. Hillier, 237 Ill. 2d 539, 545 , 931 N.E.2d 1184, 1187 (2010) (stating the defendant has the burden of persuasion under both prongs of the plain error doctrine).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Statutes the citing opinions construe

IL § 725 ILCS 5/115-7.4 (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.

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