merits of any claim (Illinois) · Go Syfert
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merits of any claim in Illinois

10 Illinois opinions name it 2 courts 1958–2025 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 (7)

CaseFollowedCited
People v. McDonaldgreen
illappct · 2018 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See id. (stating that the reviewing court “will not speculate whether the trial court would - 16 - No. 1-21-1205 have dismissed the petition without an evidentiary hearing if counsel had adequately performed his duties under Rule 651(c)”). ¶ 48 Accordingly, because counsel did not comply with her duties under Rule 651(c) by amending the petition to include a rote claim of ineffective assistance of appellate counsel, we will not assess the merits of any such claim. 2 See People v. Wallace, 2018 IL App (5th) 140385, ¶ 45 (declining “to consider the merits of the defendant’s petition where the tr

11
People v. Wallacegreen
illappct · 2018 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See id. (stating that the reviewing court “will not speculate whether the trial court would - 16 - No. 1-21-1205 have dismissed the petition without an evidentiary hearing if counsel had adequately performed his duties under Rule 651(c)”). ¶ 48 Accordingly, because counsel did not comply with her duties under Rule 651(c) by amending the petition to include a rote claim of ineffective assistance of appellate counsel, we will not assess the merits of any such claim. 2 See People v. Wallace, 2018 IL App (5th) 140385, ¶ 45 (declining “to consider the merits of the defendant’s petition where the tr

11
People v. Russellgreen
illappct · 2016 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See id. (stating that the reviewing court “will not speculate whether the trial court would - 16 - No. 1-21-1205 have dismissed the petition without an evidentiary hearing if counsel had adequately performed his duties under Rule 651(c)”). ¶ 48 Accordingly, because counsel did not comply with her duties under Rule 651(c) by amending the petition to include a rote claim of ineffective assistance of appellate counsel, we will not assess the merits of any such claim. 2 See People v. Wallace, 2018 IL App (5th) 140385, ¶ 45 (declining “to consider the merits of the defendant’s petition where the tr

11
People v. Relerfordgreen
ill · 2017 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See Releford, 2017 IL 121094 , ¶¶ 71-76. ¶ 26 For the forgoing reasons, defendant’s conviction for burglary is affirmed. ¶ 27 Judgment affirmed. - 10 -

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In Re Marriage of McElweegreen
illappct · 1992 · cited in 1 Illinois opinions naming this issue, 2016–2016
1 sentence

2016App. 3d at 1069 (finding that order directing the sheriff to conduct a sale of debtor's personal property was a final order because it "finally decide[d] the debtor's right to possess a given piece of property"). ¶ 13 Although precedential guidance is limited, we find the circumstances of this case to be in line with In re Marriage of McElwee, 230 Ill.

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In Re Estate of Yucisgreen
illappct · 2008 · cited in 1 Illinois opinions naming this issue, 2016–2016
1 sentence

2016See Id. ¶ 27 (holding that order was a final judgment where it conclusively determined that a debtor was not entitled to damages for her claim that bank had wrongfully seized her independent retirement account); Inland Commercial Property Management, Inc. v. HOB I Holding Corp., 2015 IL App (1st) 141051, ¶ 26 (determining that order denying substitution of judge was not a final judgment under Rule 304(b)(4) because it did not put the plaintiff in a position to collect the judgment amount or direct the third-party respondents to turn over funds or substantively determine any of the parties' rig

11
Inland Commercial Property Management, Inc. v. HOB I Holding Corporationgreen
illappct · 2015 · cited in 1 Illinois opinions naming this issue, 2016–2016
1 sentence

2016See Id. ¶ 27 (holding that order was a final judgment where it conclusively determined that a debtor was not entitled to damages for her claim that bank had wrongfully seized her independent retirement account); Inland Commercial Property Management, Inc. v. HOB I Holding Corp., 2015 IL App (1st) 141051, ¶ 26 (determining that order denying substitution of judge was not a final judgment under Rule 304(b)(4) because it did not put the plaintiff in a position to collect the judgment amount or direct the third-party respondents to turn over funds or substantively determine any of the parties' rig

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Distinguished, questioned or overruled (1)

CaseNegativeCited
Rich v. Baldwingreen
illappct · 1985 · cited in 1 Illinois opinions naming this issue, 1986–1986
1 sentence

1986But see Rich v. Baldwin (1985), 133 Ill.

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Also cited on this issue (6)

CaseCitedYears
Levaccare v. Levaccare green
illappct · 2007
2 sentences

2015Id.

2015Id.

22015–2015
Richter v. Prairie Farms Dairy green
ill · 2016
1 sentence

2025Richter v. Prairie Farms Dairy, Inc., 2016 IL 119518, ¶ 24 . ¶ 60 Moreover, the agreement lacks a release of either One Stop or Global from any claims brought by the other, including a claim for the payment of any invoiced amounts.

12025–2025
Ammons v. Jet Credit Sales, Inc. green
illappct · 1962
1 sentence

1986App. 2d 456, 461 , 181 N.E.2d 601, 603 .) However, plaintiff has not alleged this tort, and we take no position on the merits of any such claim in this case.

11986–1986
The People v. Church green
ill · 1937
1 sentence

1966In People v. Church, 366 Ill 149, 7 NE2d 894 , the court held that it was improper for the prosecuting attorney to state in his closing argument to the jury that the People had been placed at a disadvantage because the defendant waived her right to make an opening statement.

11966–1966
Crane Construction Co. v. Symons Clamp & Manufacturing Co. green
ill · 1962
1 sentence

1964Co. 25 Ill.2d 521 , did either of the parties refer to those provisions of the governing statutes which state, “Claims for credit hereunder must be filed with and initially determined by the Department, the remedy herein provided being exclusive; and no court shall have jurisdiction to determine the merits of any claim except upon review as provided herein.” Ill.

11964–1964
Landgraf v. Kuh neutral
ill · 1900
2 sentences

1958The Act of 1897, like the ordinances in question, failed to state specifically who should provide the required fire escapes, but with respect to this omission the court said: “. . . we think the fair and reasonable intendment is that the owner or owners shall perform that duty, and we so held in construing the Fire-escape act of 1885, the provisions of which in this regard are the same as the act under consideration, in the recent case of Landgraf v. Kuh, 188 Ill. 484 .” Where a building required to be equipped with fire-prevention appliances is in the possession of a lessee, the decisions are

1958The Act of 1897, like the ordinances in question, failed to state specifically who should provide the required fire escapes, but with respect to this omission the court said: "... we think the fair and reasonable intendment is that the owner or owners shall perform that duty, and we so held in construing the Fire-escape act of 1885, the provisions of which in this regard are the same as the act under consideration, in the recent case of Landgraf v. Kuh, 188 Ill. 484 ." [2] Where a building required to be equipped with fire-prevention appliances is in the possession of a lessee, the decisions a

11958–1958

Statutes the citing opinions construe

IL § 735 ILCS 5/2-1402 (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

PA 76 (1979–2026) OH 28 (1999–2025) CA 19 (1955–2025) TX 17 (1970–2025) DE 13 (2014–2024) IL 10 (1958–2025) TN 7 (2010–2024) AZ 6 (1961–2025) FL 6 (1983–2018) CT 4 (2004–2019) NM 4 (1914–1996) LA 4 (1975–2014) NY 3 (1919–2017) DC 3 (1992–2015) IA 3 (2016–2016) GA 3 (1990–2021) MA 3 (1974–2003) NJ 3 (1999–2008) NV 2 (2025–2025) MI 2 (2022–2024) CO 2 (2005–2018) HI 2 (2003–2023) MD 2 (2002–2004) VA 2 (2025–2025) WV 2 (2008–2009) NC 2 (2017–2019)

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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