waiver should not bar consideration doctrine (Illinois) · Go Syfert
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waiver should not bar consideration doctrine in Illinois

10 Illinois opinions name it 2 courts 1995–2025 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 (10)

CaseFollowedCited
People v. Guestgreen
ill · 1995 · cited in 5 Illinois opinions naming this issue, 1995–2000
2 sentences

2000Mack, 167 Ill. 2d at 531-32 ; Guest, 166 Ill. 2d at 390 ; People v. Caballero, 126 Ill. 2d 248, 269-70 (1989).

2000Mack , 167 Ill. 2d at 531-32 ; Guest , 166 Ill. 2d at 390 ; People v. Caballero , 126 Ill. 2d 248, 269-70 (1989).

35
People v. Salazargreen
ill · 1994 · cited in 4 Illinois opinions naming this issue, 1995–1998
2 sentences

1995A defendant is guaranteed the effective assistance of counsel on appeal. ( Evitts v. Lucey (1985), 469 U.S. 387, 393-97 , 105 S.Ct. 830, 834-37 , 83 L.Ed.2d 821, 828-30 ; Flores, 153 Ill.2d at 277 , 180 Ill.Dec. 1 , 606 N.E.2d 1078 .) This court has held that the doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of counsel on appeal. ( People v. Salazar (1994), 162 Ill.2d 513, 520-21 , 205 Ill.Dec. 407 , 643 N.E.2d 698 ; Winsett, 153 Ill.2d at 346 , 180 Ill.Dec. 109 , 606 N.E.2d 1186 ; Flores, 153 Ill.2d at 282 , 180 Ill.Dec. 1 , 606 N

1995A defendant is guaranteed the effective assistance of counsel on appeal. ( Evitts v. Lucey (1985), 469 U.S. 387, 393-97 , 105 S.Ct. 830, 834-37 , 83 L.Ed.2d 821, 828-30 ; Flores, 153 Ill.2d at 277 , 180 Ill.Dec. 1 , 606 N.E.2d 1078 .) This court has held that the doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of counsel on appeal. ( People v. Salazar (1994), 162 Ill.2d 513, 520-21 , 205 Ill.Dec. 407 , 643 N.E.2d 698 ; Winsett, 153 Ill.2d at 346 , 180 Ill.Dec. 109 , 606 N.E.2d 1186 ; Flores, 153 Ill.2d at 282 , 180 Ill.Dec. 1 , 606 N

24
People v. Fostergreen
ill · 1996 · cited in 2 Illinois opinions naming this issue, 2016–2016
2 sentences

2016People v. Coleman, 168 Ill. 2d 509, 523 , 660 N.E.2d 919, 927 (1995); People v. Foster, 168 Ill. 2d 465, 474-75 , 660 N.E.2d 951, 955-56 (1995).

2016People v. Coleman, 168 Ill. 2d 509, 523 , 660 N.E.2d 919, 927 (1995); People v. Foster, 168 Ill. 2d 465, 474-75 , 660 N.E.2d 951, 955-56 (1995).

22
People v. Colemangreen
ill · 1995 · cited in 2 Illinois opinions naming this issue, 2016–2016
2 sentences

2016It is true that the defendant is guaranteed effective assistance of counsel on appeal from a conviction, and our supreme court has held “that the doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of counsel on appeal.” People v. Coleman, 168 Ill. 2d 509, 522-23 , 660 N.E.2d 919, 927 (1995). ¶ 37 Claims of ineffective assistance of appellate counsel are measured against the same standard as those dealing with the ineffective assistance of trial counsel.

2016It is true that the defendant is guaranteed effective assistance of counsel on appeal from a conviction, and our supreme court has held “that the doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of counsel on appeal.” People v. Coleman, 168 Ill. 2d 509, 522-23 , 660 N.E.2d 919, 927 (1995). ¶ 37 Claims of ineffective assistance of appellate counsel are measured against the same standard as those dealing with the ineffective assistance of trial counsel.

22
People v. Caballerogreen
ill · 1989 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000Mack, 167 Ill. 2d at 531-32 ; Guest, 166 Ill. 2d at 390 ; People v. Caballero, 126 Ill. 2d 248, 269-70 (1989).

2000Mack , 167 Ill. 2d at 531-32 ; Guest , 166 Ill. 2d at 390 ; People v. Caballero , 126 Ill. 2d 248, 269-70 (1989).

22
People v. MacKgreen
ill · 1995 · cited in 3 Illinois opinions naming this issue, 2000–2025
2 sentences

2025Cf. id. at 531-32 (finding that the doctrine of waiver should not bar consideration of an issue when the alleged waiver stems from incompetency of appellate counsel in failing to raise the issue on appeal).

2000Mack, 167 Ill. 2d at 531-32 ; Guest, 166 Ill. 2d at 390 ; People v. Caballero, 126 Ill. 2d 248, 269-70 (1989).

13
People v. Brisbongreen
ill · 1995 · cited in 2 Illinois opinions naming this issue, 1995–1995
2 sentences

1995A defendant is guaranteed the effective assistance of counsel on appeal. ( Evitts v. Lucey (1985), 469 U.S. 387, 393-97 , 105 S.Ct. 830, 834-37 , 83 L.Ed.2d 821, 828-30 ; Flores, 153 Ill.2d at 277 , 180 Ill.Dec. 1 , 606 N.E.2d 1078 .) This court has held that the doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of counsel on appeal. ( People v. Salazar (1994), 162 Ill.2d 513, 520-21 , 205 Ill.Dec. 407 , 643 N.E.2d 698 ; Winsett, 153 Ill.2d at 346 , 180 Ill.Dec. 109 , 606 N.E.2d 1186 ; Flores, 153 Ill.2d at 282 , 180 Ill.Dec. 1 , 606 N

1995A defendant is guaranteed the effective assistance of counsel on appeal. ( Evitts v. Lucey (1985), 469 U.S. 387, 393-97 , 105 S.Ct. 830, 834-37 , 83 L.Ed.2d 821, 828-30 ; Flores, 153 Ill.2d at 277 , 180 Ill.Dec. 1 , 606 N.E.2d 1078 .) This court has held that the doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of counsel on appeal. ( People v. Salazar (1994), 162 Ill.2d 513, 520-21 , 205 Ill.Dec. 407 , 643 N.E.2d 698 ; Winsett, 153 Ill.2d at 346 , 180 Ill.Dec. 109 , 606 N.E.2d 1186 ; Flores, 153 Ill.2d at 282 , 180 Ill.Dec. 1 , 606 N

12
People v. Simmsgreen
ill · 2000 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See Brown, 236 Ill. 2d at 191 ; People v. Simms, 192 Ill. 2d 348, 361 (2000) (“[T]he doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of appellate counsel in failing to raise the issue on appeal.”). ¶ 15 In Brown, petitioner, Raymond Brown, read a statement to the court at the sentencing hearing, stating he had been depressed and previously tried to kill himself and was attempting to commit suicide by cop during the incident.

11
People v. Browngreen
ill · 2010 · cited in 1 Illinois opinions naming this issue, 2023–2023
2 sentences

2023See Brown, 236 Ill. 2d at 191 ; People v. Simms, 192 Ill. 2d 348, 361 (2000) (“[T]he doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of appellate counsel in failing to raise the issue on appeal.”). ¶ 15 In Brown, petitioner, Raymond Brown, read a statement to the court at the sentencing hearing, stating he had been depressed and previously tried to kill himself and was attempting to commit suicide by cop during the incident.

2023Brown, 236 Ill. 2d at 180 .

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Illinois opinions naming this issue, 1995–1995
2 sentences

1995A defendant is guaranteed the effective assistance of counsel on appeal. ( Evitts v. Lucey (1985), 469 U.S. 387, 393-97 , 105 S.Ct. 830, 834-37 , 83 L.Ed.2d 821, 828-30 ; Flores, 153 Ill.2d at 277 , 180 Ill.Dec. 1 , 606 N.E.2d 1078 .) This court has held that the doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of counsel on appeal. ( People v. Salazar (1994), 162 Ill.2d 513, 520-21 , 205 Ill.Dec. 407 , 643 N.E.2d 698 ; Winsett, 153 Ill.2d at 346 , 180 Ill.Dec. 109 , 606 N.E.2d 1186 ; Flores, 153 Ill.2d at 282 , 180 Ill.Dec. 1 , 606 N

1995A defendant is guaranteed the effective assistance of counsel on appeal. ( Evitts v. Lucey (1985), 469 U.S. 387, 393-97 , 105 S.Ct. 830, 834-37 , 83 L.Ed.2d 821, 828-30 ; Flores, 153 Ill.2d at 277 , 180 Ill.Dec. 1 , 606 N.E.2d 1078 .) This court has held that the doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of counsel on appeal. ( People v. Salazar (1994), 162 Ill.2d 513, 520-21 , 205 Ill.Dec. 407 , 643 N.E.2d 698 ; Winsett, 153 Ill.2d at 346 , 180 Ill.Dec. 109 , 606 N.E.2d 1186 ; Flores, 153 Ill.2d at 282 , 180 Ill.Dec. 1 , 606 N

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 (5)

CaseCitedYears
People v. Ruiz green
ill · 1989
2 sentences

1995A defendant is guaranteed the effective assistance of counsel on appeal. ( Evitts v. Lucey (1985), 469 U.S. 387, 393-97 , 105 S.Ct. 830, 834-37 , 83 L.Ed.2d 821, 828-30 ; Flores, 153 Ill.2d at 277 , 180 Ill.Dec. 1 , 606 N.E.2d 1078 .) This court has held that the doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of counsel on appeal. ( People v. Salazar (1994), 162 Ill.2d 513, 520-21 , 205 Ill.Dec. 407 , 643 N.E.2d 698 ; Winsett, 153 Ill.2d at 346 , 180 Ill.Dec. 109 , 606 N.E.2d 1186 ; Flores, 153 Ill.2d at 282 , 180 Ill.Dec. 1 , 606 N

1995A defendant is guaranteed the effective assistance of counsel on appeal. ( Evitts v. Lucey (1985), 469 U.S. 387, 393-97 , 105 S.Ct. 830, 834-37 , 83 L.Ed.2d 821, 828-30 ; Flores, 153 Ill.2d at 277 , 180 Ill.Dec. 1 , 606 N.E.2d 1078 .) This court has held that the doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of counsel on appeal. ( People v. Salazar (1994), 162 Ill.2d 513, 520-21 , 205 Ill.Dec. 407 , 643 N.E.2d 698 ; Winsett, 153 Ill.2d at 346 , 180 Ill.Dec. 109 , 606 N.E.2d 1186 ; Flores, 153 Ill.2d at 282 , 180 Ill.Dec. 1 , 606 N

21995–1995
People v. Flores green
ill · 1992
2 sentences

1995Ed. 2d 821, 828-30 , 105 S. Ct. 830, 834-37 ; Flores, 153 Ill. 2d at 277 .) This court has held that the doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of counsel on appeal.

1995A defendant is guaranteed the effective assistance of counsel on appeal. ( Evitts v. Lucey (1985), 469 U.S. 387, 393-97 , 105 S.Ct. 830, 834-37 , 83 L.Ed.2d 821, 828-30 ; Flores, 153 Ill.2d at 277 , 180 Ill.Dec. 1 , 606 N.E.2d 1078 .) This court has held that the doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of counsel on appeal. ( People v. Salazar (1994), 162 Ill.2d 513, 520-21 , 205 Ill.Dec. 407 , 643 N.E.2d 698 ; Winsett, 153 Ill.2d at 346 , 180 Ill.Dec. 109 , 606 N.E.2d 1186 ; Flores, 153 Ill.2d at 282 , 180 Ill.Dec. 1 , 606 N

21995–1995
People v. Winsett green
ill · 1992
2 sentences

1995A defendant is guaranteed the effective assistance of counsel on appeal. ( Evitts v. Lucey (1985), 469 U.S. 387, 393-97 , 105 S.Ct. 830, 834-37 , 83 L.Ed.2d 821, 828-30 ; Flores, 153 Ill.2d at 277 , 180 Ill.Dec. 1 , 606 N.E.2d 1078 .) This court has held that the doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of counsel on appeal. ( People v. Salazar (1994), 162 Ill.2d 513, 520-21 , 205 Ill.Dec. 407 , 643 N.E.2d 698 ; Winsett, 153 Ill.2d at 346 , 180 Ill.Dec. 109 , 606 N.E.2d 1186 ; Flores, 153 Ill.2d at 282 , 180 Ill.Dec. 1 , 606 N

1995A defendant is guaranteed the effective assistance of counsel on appeal. ( Evitts v. Lucey (1985), 469 U.S. 387, 393-97 , 105 S.Ct. 830, 834-37 , 83 L.Ed.2d 821, 828-30 ; Flores, 153 Ill.2d at 277 , 180 Ill.Dec. 1 , 606 N.E.2d 1078 .) This court has held that the doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of counsel on appeal. ( People v. Salazar (1994), 162 Ill.2d 513, 520-21 , 205 Ill.Dec. 407 , 643 N.E.2d 698 ; Winsett, 153 Ill.2d at 346 , 180 Ill.Dec. 109 , 606 N.E.2d 1186 ; Flores, 153 Ill.2d at 282 , 180 Ill.Dec. 1 , 606 N

21995–1995
Evitts v. Lucey green
scotus · 1985
2 sentences

1995Ed. 2d 821, 828-30 , 105 S. Ct. 830, 834-37 ; Flores, 153 Ill. 2d at 277 .) This court has held that the doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of counsel on appeal.

1995A defendant is guaranteed the effective assistance of counsel on appeal. ( Evitts v. Lucey (1985), 469 U.S. 387, 393-97 , 105 S.Ct. 830, 834-37 , 83 L.Ed.2d 821, 828-30 ; Flores, 153 Ill.2d at 277 , 180 Ill.Dec. 1 , 606 N.E.2d 1078 .) This court has held that the doctrine of waiver should not bar consideration of an issue where the alleged waiver stems from incompetency of counsel on appeal. ( People v. Salazar (1994), 162 Ill.2d 513, 520-21 , 205 Ill.Dec. 407 , 643 N.E.2d 698 ; Winsett, 153 Ill.2d at 346 , 180 Ill.Dec. 109 , 606 N.E.2d 1186 ; Flores, 153 Ill.2d at 282 , 180 Ill.Dec. 1 , 606 N

11995–1995
People v. Collins green
ill · 1992
2 sentences

1995We note that appellate counsel "has no obligation to raise every conceivable argument which might be made, and counsel's assessment of what to raise and argue will not be questioned unless it can be said that his judgment in this regard was patently erroneous." Collins, 153 Ill.2d at 140 , 180 Ill.Dec. 60 , 606 N.E.2d 1137 .

1995We note that appellate counsel "has no obligation to raise every conceivable argument which might be made, and counsel's assessment of what to raise and argue will not be questioned unless it can be said that his judgment in this regard was patently erroneous." Collins, 153 Ill.2d at 140 , 180 Ill.Dec. 60 , 606 N.E.2d 1137 .

11995–1995

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (5)

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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