defendant without a Boose hearing (Illinois) · Go Syfert
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defendant without a Boose hearing in Illinois

10 Illinois opinions name it 2 courts 2005–2024 1 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 (4)

CaseFollowedCited
People v. Allengreen
ill · 2006 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010People v. Allen, 222 Ill. 2d 340, 351 (2006).

2010Allen, 222 Ill. 2d at 351 .

22
People v. Browngreen
illappct · 2005 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006Rather, the shackling issue was reviewed under the plain error doctrine because we found the evidence closely balanced.” Brown, 356 Ill.

2006Rather, the shackling issue *356 was reviewed under the plain error doctrine because we found the evidence closely balanced." Brown, 356 Ill.App.3d at 1091 , 293 Ill.Dec. 381 , 828 N.E.2d 351 (Schmidt, J., concurring in part and dissenting in part).

12
People v. Bellgreen
illappct · 2020 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024See People v. Bell, 2020 IL App (4th) 170804, ¶ 127 , 145 N.E.3d 740 (noting the Allen court disagreed with the proposition that restraining a defendant without a Boose hearing automatically constituted plain error and held, instead, “the issue of second-prong plain error must be considered on a case-by-case basis”). ¶ 28 4.

11
People v. Naylorgreen
ill · 2008 · cited in 1 Illinois opinions naming this issue, 2016–2016
1 sentence

2016See People v. Naylor, 229 Ill. 2d 584, 607-08 (2008) (evidence was found to be closely balanced when there were two opposing versions of events and no extrinsic evidence to corroborate or contradict either version). ¶ 32 Since we find that the shackling of the defendant without a Boose hearing was plain error, the question is one of remedy.

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 (2)

CaseCitedYears
People v. Thompson green
illappct · 2005
2 sentences

2006Without objecting and preserving the issue for review, the defendant must show the evidence was closely balanced or “the error was so serious it affected the fairness of his trial and challenged the judicial process’s integrity.” People v. Thompson, 359 Ill.

2006Without objecting and preserving the issue for review, the defendant must show the evidence was closely balanced or "the - 13 - error was so serious it affected the fairness of his trial and challenged the judicial process's integrity." People v. Thomp- son, 359 Ill.

22006–2006
People v. Doss green
illappct · 2004
2 sentences

2005App. 3d 418 , 807 N.E.2d 697 (2004), for the proposition that the shackling of a defendant without a Boose hearing always constitutes plain error which is not subject to waiver.

2005App. 3d 418 , 807 N.E.2d 697 (2004), for the proposition that the shackling of a defendant without a Boose hearing always constitutes plain error which is not subject to waiver.

22005–2005

Statutes the citing opinions construe

IL § 720 ILCS 570/401 (4)

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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