verification affidavit requirement (Illinois) · Go Syfert
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verification affidavit requirement in Illinois

10 Illinois opinions name it 2 courts 2011–2021 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 (2)

CaseFollowedCited
People v. Collinsgreen
ill · 2002 · cited in 9 Illinois opinions naming this issue, 2011–2019
2 sentences

2019Unlike the section 122-2 affidavit, which shows that defendant’s allegations can be objectively and independently corroborated, the verification affidavit requirement of section 122-1, “like all pleading verifications, confirms that the allegations are brought truthfully and in good faith.” People v. Collins, 202 Ill. 2d 59, 67 (2002). -12- No. 1-17-1929 ¶ 43 In the present case, the State argues that the summary dismissal of defendant’s petition was justified because there is no evidence in the appellate record that his claim of ineffective assistance was supported by section 122-2 affidavits

2014Recognizing the distinction between sections 122-1(b) and 122-2 of the Act, the Henderson court stated: "Unlike the section 122-2 affidavit, which shows that the allegations can be objectively and independently corroborated, the verification affidavit requirement of section 122-1, 'like all pleading verifications, confirms that the allegations are brought truthfully and in good faith.' " Id. (quoting Collins, 202 Ill. 2d at 67 ).

69
People v. Hendersongreen
illappct · 2011 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012“Unlike the section 122-2 affidavit, which shows that the allegations can be objectively and independently corroborated, the verification affidavit requirement of section 122-1, ‘like all pleading verifications, confirms that the allegations are brought truthfully and in good faith.’ ” People v. Henderson, 2011 IL App (1st) 090923, ¶ 21 (quoting People v. Collins, 202 Ill. 2d 59, 67 (2002)).

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. Blair green
ill · 2005
2 sentences

2021Where res judicata and forfeiture preclude a defendant from obtaining relief, such a claim is necessarily “frivolous” or “patently without merit.” Id. ¶ 49 Unlike timeliness and the verification affidavit requirement, which involve “procedural compliance,” res judicata and forfeiture involve conclusions of law.

2021Id. at 444-46 .

12021–2021
People v. Hommerson green
ill · 2014
1 sentence

2021Hommerson, 2014 IL 115638, ¶ 10 .

12021–2021

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (10) IL § 725 ILCS 5/122-2 (8) IL § 725 ILCS 5/122-2.1 (7) IL § 725 ILCS 5/122-5 (4) IL § 735 ILCS 5/1-109 (4) IL § 725 ILCS 5/122-6 (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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