need for a fitness hearing (Illinois) · Go Syfert
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need for a fitness hearing in Illinois

10 Illinois opinions name it 2 courts 1995–2022 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 (5)

CaseFollowedCited
Haudrich v. Howmedica, Inc.green
ill · 1996 · cited in 3 Illinois opinions naming this issue, 2017–2017
2 sentences

2017Haudrich v. Howmedica, Inc., 169 Ill. 2d 525, 536 (1996).

2017Haudrich v. Howmedica, Inc., 169 Ill. 2d 525, 536 (1996).

33
Pate v. Robinsongreen
scotus · 1966 · cited in 2 Illinois opinions naming this issue, 1998–1998
2 sentences

1998But see People v. Kinkead, 168 Ill. 2d 394, 410-11 , 660 N.E.2d 852, 859 (1995) (“personal observation of an accused who is on [psychotropic] medication does not replace the need for a fitness hearing”); Pate v. Robinson, 383 U.S. 375, 387 , 15 L.

1998But see People v. Kinkead, 168 Ill. 2d 394, 410-11 , 660 N.E.2d 852, 859 (1995) (“personal observation of an accused who is on [psychotropic] medication does not replace the need for a fitness hearing”); Pate v. Robinson, 383 U.S. 375, 387 , 15 L.

22
People v. Kinkeadgreen
ill · 1995 · cited in 3 Illinois opinions naming this issue, 1996–1998
2 sentences

1998But see People v. Kinkead, 168 Ill. 2d 394, 410-11 , 660 N.E.2d 852, 859 (1995) (“personal observation of an accused who is on [psychotropic] medication does not replace the need for a fitness hearing”); Pate v. Robinson, 383 U.S. 375, 387 , 15 L.

1998But see People v. Kinkead, 168 Ill. 2d 394, 410-11 , 660 N.E.2d 852, 859 (1995) (“personal observation of an accused who is on [psychotropic] medication does not replace the need for a fitness hearing”); Pate v. Robinson, 383 U.S. 375, 387 , 15 L.

13
People v. Easleygreen
ill · 2000 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021“To establish that the failure to request a fitness hearing prejudiced a defendant within the meaning of Strickland, a defendant must show that facts existed at the time of trial that would have raised a bona fide doubt of his ability ‘to understand the nature and purpose of the proceedings against him or to assist in his defense.’ [Citations.] ‘Defendant is entitled to relief *** only if he shows that the trial court would have found a bona fide doubt of his fitness and ordered a 5 fitness hearing if it had been apprised of the evidence now offered.’ ” Id. at 304 (quoting People v. Easley, 19

11
People v. Kinkeadgreen
ill · 1998 · cited in 1 Illinois opinions naming this issue, 1998–1998
2 sentences

1998See Kinkead, 182 Ill.2d at 340 , 231 Ill.Dec. at 147 , 695 N.E.2d at 1266 .

1998See Kinkead, 182 Ill.2d at 340 , 231 Ill.Dec. at 147 , 695 N.E.2d at 1266 .

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
People v. Kinkeadgreen
ill · 1995 · cited in 3 Illinois opinions naming this issue, 1996–1998
2 sentences

1998But see People v. Kinkead, 168 Ill. 2d 394, 410-11 , 660 N.E.2d 852, 859 (1995) (“personal observation of an accused who is on [psychotropic] medication does not replace the need for a fitness hearing”); Pate v. Robinson, 383 U.S. 375, 387 , 15 L.

1998But see People v. Kinkead, 168 Ill. 2d 394, 410-11 , 660 N.E.2d 852, 859 (1995) (“personal observation of an accused who is on [psychotropic] medication does not replace the need for a fitness hearing”); Pate v. Robinson, 383 U.S. 375, 387 , 15 L.

23

Also cited on this issue (5)

CaseCitedYears
People v. Tuduj green
illappct · 2014
2 sentences

2022People v. Tuduj, 2014 IL App (1st) 092536, ¶ 87 .

2021People v. Tuduj, 2014 IL App (1st) 092536, ¶ 87 .

22021–2022
People v. Harris green
ill · 2002
1 sentence

2021“To establish that the failure to request a fitness hearing prejudiced a defendant within the meaning of Strickland, a defendant must show that facts existed at the time of trial that would have raised a bona fide doubt of his ability ‘to understand the nature and purpose of the proceedings against him or to assist in his defense.’ [Citations.] ‘Defendant is entitled to relief *** only if he shows that the trial court would have found a bona fide doubt of his fitness and ordered a 5 fitness hearing if it had been apprised of the evidence now offered.’ ” Id. at 304 (quoting People v. Easley, 19

12021–2021
People v. Brandon green
ill · 1994
1 sentence

1996In People v. Brandon, 162 Ill. 2d 450 (1994), defendant had been taking psychotropic medications under medical direction prior to and during his trial and sentencing.

11996–1996
In Re CE green
ill · 1994
2 sentences

1995(See Gevas, 166 Ill.2d at 469-71 , 211 Ill.Dec. 511 , 655 N.E.2d 894 .) This court also has recognized the "substantially invasive nature of psychotropic substances and their significant side effects" in the context of mentally ill patients' right to refuse psychotropic medication as part of their treatment. ( In re C.E. (1994), 161 Ill.2d 200, 214 , 204 Ill.Dec. 121 , 641 N.E.2d 345 ; see also Gutheil & Appelbaum, "Mind Control," "Synthetic Sanity," "Artificial Competence," and Genuine Confusion: Legally Relevant Effects of Antipsychotic Medication, 12 Hofstra L.Rev. 77 (1983).) We conclude t

1995(See Gevas, 166 Ill.2d at 469-71 , 211 Ill.Dec. 511 , 655 N.E.2d 894 .) This court also has recognized the "substantially invasive nature of psychotropic substances and their significant side effects" in the context of mentally ill patients' right to refuse psychotropic medication as part of their treatment. ( In re C.E. (1994), 161 Ill.2d 200, 214 , 204 Ill.Dec. 121 , 641 N.E.2d 345 ; see also Gutheil & Appelbaum, "Mind Control," "Synthetic Sanity," "Artificial Competence," and Genuine Confusion: Legally Relevant Effects of Antipsychotic Medication, 12 Hofstra L.Rev. 77 (1983).) We conclude t

11995–1995
People v. Gevas green
ill · 1995
2 sentences

1995(See Gevas, 166 Ill.2d at 469-71 , 211 Ill.Dec. 511 , 655 N.E.2d 894 .) This court also has recognized the "substantially invasive nature of psychotropic substances and their significant side effects" in the context of mentally ill patients' right to refuse psychotropic medication as part of their treatment. ( In re C.E. (1994), 161 Ill.2d 200, 214 , 204 Ill.Dec. 121 , 641 N.E.2d 345 ; see also Gutheil & Appelbaum, "Mind Control," "Synthetic Sanity," "Artificial Competence," and Genuine Confusion: Legally Relevant Effects of Antipsychotic Medication, 12 Hofstra L.Rev. 77 (1983).) We conclude t

1995(See Gevas, 166 Ill.2d at 469-71 , 211 Ill.Dec. 511 , 655 N.E.2d 894 .) This court also has recognized the "substantially invasive nature of psychotropic substances and their significant side effects" in the context of mentally ill patients' right to refuse psychotropic medication as part of their treatment. ( In re C.E. (1994), 161 Ill.2d 200, 214 , 204 Ill.Dec. 121 , 641 N.E.2d 345 ; see also Gutheil & Appelbaum, "Mind Control," "Synthetic Sanity," "Artificial Competence," and Genuine Confusion: Legally Relevant Effects of Antipsychotic Medication, 12 Hofstra L.Rev. 77 (1983).) We conclude t

11995–1995

Statutes the citing opinions construe

IL § 725 ILCS 5/104-21 (5) IL § 405 ILCS 5/1-100 (3) IL § 405 ILCS 5/1-129 (3) IL § 720 ILCS 5/9-1 (3) IL § 725 ILCS 207/1 (3) IL § 725 ILCS 207/15 (3) IL § 725 ILCS 207/20 (3) IL § 725 ILCS 207/30 (3) IL § 725 ILCS 207/35 (3) IL § 725 ILCS 207/5 (3) IL § 725 ILCS 207/55 (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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