first and third factors (Illinois) · Go Syfert
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first and third factors in Illinois

10 Illinois opinions name it 1 courts 1976–2023 2 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 (1)

CaseFollowedCited
People v. Williamsgreen
illappct · 1994 · cited in 2 Illinois opinions naming this issue, 2002–2002
2 sentences

2002The court opined that the second and fourth Smith-Casiano factors favored defendant but believed that the first and third factors were qualitatively more compelling under the facts of that case because the detention lasted between 45 and 50 minutes and the defendant’s criminal conduct “went beyond that required for the commission of the sexual assault crime.” Williams, 263 Ill.

2002The court opined that the second and fourth Smith - Casiano factors favored defendant but believed that the first and third factors were qualitatively more compelling under the facts of that case because the detention lasted between 45 and 50 minutes and the defendant's criminal conduct "went beyond that required for the commission of the sexual assault crime." Williams , 263 Ill.

12

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 (11)

CaseCitedYears
People v. Paudel green
illappct · 1993
2 sentences

2006App. 3d 325 (2005); People v. Paudel, 244 Ill.

2006App. 3d 325 (2005); People v. Paudel, 244 Ill.

22006–2006
People v. Feddor green
illappct · 2005
2 sentences

2006Although we consider sound the first and third factors of the Bondi test, 1 we depart from Bondi and its progeny (see, e.g., People v. Feddor, 355 Ill.

2006Although we consider sound the first and third factors of -9- No. 2--05--0111 the Bondi test, 1 we depart from Bondi and its progeny (see, e.g., People v. Feddor, 355 Ill.

22006–2006
Carmody v. Thompson green
illappct · 2012
1 sentence

2023“We note the first and third factors overlap to some extent in this regard.” Carmody v. Thompson, 2012 IL App (4th) 120202, ¶ 33 , 977 N.E.2d 887 .

12023–2023
Leetaru v. The Board of Trustees of the University of Illinois green
ill · 2015
1 sentence

2023A judgment in plaintiff’s favor requiring defendants to provide him additional law library time would operate to control the State by limiting defendants’ ability to apportion time in the law library at their discretion. ¶ 24 Although “[t]he doctrine of sovereign immunity affords no protection *** when it is alleged that the State’s agent acted in violation of statutory or constitutional law or in excess of his authority” (Leetaru, 2015 IL 117485, ¶ 45 ), plaintiff has not raised a legitimate claim of a constitutional right defendants could have violated.

12023–2023
People v. Hart green
ill · 2005
1 sentence

2021Id. at 517-18 . ¶ 31 Here, the first and third factors weigh in the defendant’s favor.

12021–2021
In re Estate of McHenry green
illappct · 2016
1 sentence

2020Indeed, the fact that Brian lived primarily with Lissette for the past 18 years was directly relevant to the first and third factors set forth in McHenry—the degree of relationship between the disabled person and the proposed guardian and the conduct by - 22 - 2020 IL App (2d) 191038-U the disabled person prior to the adjudication demonstrating trust or confidence in the proposed guardian. 2016 IL App (3d) 140913, ¶ 141 . ¶ 62 Thomas also contends that the trial court failed to address Lissette’s financial instability and what Thomas characterizes as Lissette’s “desire for unmonitored access a

12020–2020
People v. Hanson green
ill · 2004
1 sentence

2016As previously discussed, “the existence of a mental disturbance or the need for psychiatric care,” however, “does not necessitate a finding of bona fide doubt since a defendant may be competent to participate at trial even though his mind is otherwise unsound.” (Internal quotation marks omitted.) Hanson, 212 Ill. 2d at 224 -25 (quoting Eddmonds, 143 Ill. 2d at 519 ).

12016–2016
People v. Eddmonds green
ill · 1991
1 sentence

2016As previously discussed, “the existence of a mental disturbance or the need for psychiatric care,” however, “does not necessitate a finding of bona fide doubt since a defendant may be competent to participate at trial even though his mind is otherwise unsound.” (Internal quotation marks omitted.) Hanson, 212 Ill. 2d at 224 -25 (quoting Eddmonds, 143 Ill. 2d at 519 ).

12016–2016
Jackson v. Alverez green
illappct · 2005
1 sentence

2012Jackson v. Alverez, 358 Ill.

12012–2012
The People v. Damen green
ill · 1963
1 sentence

1976The principle involved was best explained in People v. Damen (1963), 28 Ill. 2d 464, 471 , 193 N.E.2d 25 , 29, as follows: “ ‘A spontaneous exclamation may be defined as a statement or exclamation made immediately after some exciting occasion by a participant or spectator and asserting the circumstances of that occasion as it is observed by him.

11976–1976
The People v. Poland green
ill · 1961
2 sentences

1976(People v. Poland (1961), 22 Ill. 2d 175 , 174 N.E.2d 804 .) Both the first and third factors were present in the case before us, and the only disputed question is whether the victim had time to fabricate.

1976(People v. Poland (1961), 22 Ill. 2d 175 , 174 N.E.2d 804 .) Both the first and third factors were present in the case before us, and the only disputed question is whether the victim had time to fabricate.

11976–1976

Where else courts name it

TX 17 (1992–2024) CA 13 (1979–2026) WA 13 (1988–2021) IL 10 (1976–2023) NM 6 (2012–2025) OR 5 (2018–2024) WI 5 (2018–2024) MI 4 (2014–2026) MN 3 (2012–2014) MD 3 (2000–2017) NV 3 (2017–2017) UT 3 (2008–2020) NH 3 (2008–2023) SC 2 (2012–2022) DE 2 (2015–2023) KS 2 (2010–2024) GA 2 (2003–2023) ND 2 (2012–2012) PA 2 (2024–2024) MA 2 (2011–2021) MT 2 (2007–2021) OH 2 (2017–2021) CT 2 (1986–1996) SD 2 (2004–2016) MO 2 (1986–1997) HI 2 (2004–2005) NY 2 (1965–2022) ME 2 (2014–2024)

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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