10 Illinois opinions name it 2 courts 1988–2025 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.
| Case | Followed | Cited |
|---|---|---|
People v. Campbellgreen2 sentences2014Although constitutional rights may be waived, "[t]here is a presumption against the waiver of constitutional rights." People v. Campbell, 208 Ill. 2d 203, 211 (2003). 2014Although constitutional rights may be waived, “[t]here is a presumption against the waiver of constitutional rights.” People v. Campbell, 208 Ill. 2d 203, 211 (2003). | 5 | 5 |
Brookhart v. Janisgreen2 sentences2006The Court has also held that “[tjhere is a presumption against the waiver of constitutional rights [citation], and for a waiver to be effective it must be clearly established that there was ‘an intentional relinquishment or abandonment of a known right or privilege.’ [Citation.]” Brookhart, 384 U.S. at 4 , 16 L. 2006The Court has also held that “[tjhere is a presumption against the waiver of constitutional rights [citation], and for a waiver to be effective it must be clearly established that there was ‘an intentional relinquishment or abandonment of a known right or privilege.’ [Citation.]” Brookhart, 384 U.S. at 4 , 16 L. | 3 | 5 |
Johnson v. Zerbstgreen2 sentences1988In order to admit the fruits of such questioning, the Supreme Court has ruled "it was incumbent upon the State to prove `an intentional relinquishment or abandonment *467 of a known right or privilege'" ( Brewer v. Williams (1977), 430 U.S. 387, 404 , 51 L.Ed.2d 424, 439 , 97 S.Ct. 1232, 1242 , quoting Johnson v. Zerbst (1938), 304 U.S. 458, 464 , 82 L.Ed. 1461, 1466 , 58 S.Ct. 1019, 1023 .) Moreover, as the Court has repeatedly affirmed, courts should "`indulge every reasonable presumption against waiver of fundamental constitutional rights'" ( Jackson, 475 U.S. at 633 , 89 L.Ed.2d at 640 , 1 1988Ed. 2d at 1466, 58 S. Ct. at 1023 ).) Because the presumption against waiver “applies equally to an alleged waiver of the right to counsel whether at trial or at a critical stage of pretrial proceedings” (Brewer, 430 U.S. at 404 , 51 L. | 2 | 3 |
People v. Baezgreen1 sentence2025See Baez, 241 Ill. 2d at 116 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Stroud
green
2 sentences2014Campbell, 208 Ill. 2d at 211 ; Stroud, 208 Ill. 2d at 403 . 2014Campbell, 208 Ill. 2d at 211 ; Stroud, 208 Ill. 2d at 403 . | 2 | 2014–2014 |
Brewer v. Williams
green
2 sentences1988Ed. 2d at 1466, 58 S. Ct. at 1023 ).) Because the presumption against waiver “applies equally to an alleged waiver of the right to counsel whether at trial or at a critical stage of pretrial proceedings” (Brewer, 430 U.S. at 404 , 51 L. 1988Ed. 2d at 1466, 58 S. Ct. at 1023 ).) Because the presumption against waiver “applies equally to an alleged waiver of the right to counsel whether at trial or at a critical stage of pretrial proceedings” (Brewer, 430 U.S. at 404 , 51 L. | 1 | 1988–1988 |
Michigan v. Jackson
red
2 sentences1988In order to admit the fruits of such questioning, the Supreme Court has ruled "it was incumbent upon the State to prove `an intentional relinquishment or abandonment *467 of a known right or privilege'" ( Brewer v. Williams (1977), 430 U.S. 387, 404 , 51 L.Ed.2d 424, 439 , 97 S.Ct. 1232, 1242 , quoting Johnson v. Zerbst (1938), 304 U.S. 458, 464 , 82 L.Ed. 1461, 1466 , 58 S.Ct. 1019, 1023 .) Moreover, as the Court has repeatedly affirmed, courts should "`indulge every reasonable presumption against waiver of fundamental constitutional rights'" ( Jackson, 475 U.S. at 633 , 89 L.Ed.2d at 640 , 1 1988In order to admit the fruits of such questioning, the Supreme Court has ruled "it was incumbent upon the State to prove `an intentional relinquishment or abandonment *467 of a known right or privilege'" ( Brewer v. Williams (1977), 430 U.S. 387, 404 , 51 L.Ed.2d 424, 439 , 97 S.Ct. 1232, 1242 , quoting Johnson v. Zerbst (1938), 304 U.S. 458, 464 , 82 L.Ed. 1461, 1466 , 58 S.Ct. 1019, 1023 .) Moreover, as the Court has repeatedly affirmed, courts should "`indulge every reasonable presumption against waiver of fundamental constitutional rights'" ( Jackson, 475 U.S. at 633 , 89 L.Ed.2d at 640 , 1 | 1 | 1988–1988 |
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.