record shows defense (Illinois) · Go Syfert
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record shows defense in Illinois

74 Illinois opinions name it 2 courts 1869–2026 19 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 (23)

CaseFollowedCited
People v. Hilliergreen
ill · 2010 · cited in 2 Illinois opinions naming this issue, 2025–2026
2 sentences

2026See People v. Hillier, 237 Ill. 2d 539, 549 (2010) (“Defendant cannot meet his burden of persuasion on either prong of the plain-error rule because *** the face of the record shows no error, let alone a clear and obvious one.”).

2025As noted supra, a defendant intending to preserve an issue for appellate review is required to do both (see Hillier, 237 Ill. 2d at 544 ), and the record shows defense counsel lodged no objection to the trial court’s consideration of the position-of-trust aggravating factor at sentencing.

22
People v. Tategreen
illappct · 1999 · cited in 2 Illinois opinions naming this issue, 2012–2021
2 sentences

2012See also People v. Tate, 305 Ill.App.3d 607, 612 , 238 Ill.Dec. 722 , 712 N.E.2d 826 (1999) (unable to determine "as a matter of law" whether defense counsel's decision to not call certain witnesses was a "professionally reasonable tactical decision" because the record did not reflect counsel's reasoning for the decision). ¶ 93 Here, unlike Briones and Tate , the record shows that defense counsel had a reason for not calling Jenkins to testify—he reasonably believed that, after interviewing Jenkins, the testimony Jenkins would provide would not be in defendant's best interest.

2012See also People v. Tate, 305 Ill.App.3d 607, 612 , 238 Ill.Dec. 722 , 712 N.E.2d 826 (1999) (unable to determine "as a matter of law" whether defense counsel's decision to not call certain witnesses was a "professionally reasonable tactical decision" because the record did not reflect counsel's reasoning for the decision). ¶ 93 Here, unlike Briones and Tate , the record shows that defense counsel had a reason for not calling Jenkins to testify—he reasonably believed that, after interviewing Jenkins, the testimony Jenkins would provide would not be in defendant's best interest.

22
People v. Woodsgreen
ill · 2005 · cited in 2 Illinois opinions naming this issue, 2020–2020
2 sentences

2020“A defendant forfeits any issue as to the impropriety of the evidence if he procures, invites, or acquiesces in the admission of that evidence.” People v. Woods, 214 Ill. 2d 455, 475 (2005). ¶ 57 In fact, the record shows that defense counsel raised the issue of the investigator so that he could use Jamar’s interview, and his inconsistent statement, to question Jamar’s credibility.

2020“A defendant forfeits any issue as to the impropriety of the evidence if he procures, invites, or acquiesces in the admission of that evidence.” People v. Woods, 214 Ill. 2d 455, 475 (2005). ¶ 57 In fact, the record shows that defense counsel raised the issue of the investigator so that he could use Jamar’s interview, and his inconsistent statement, to question Jamar’s credibility.

22
People v. Torresgreen
ill · 2008 · cited in 2 Illinois opinions naming this issue, 2016–2017
2 sentences

2017People v. Torres, 228 Ill. 2d 382, 394 (2008) (“[T]his court has consistently upheld the dismissal of a postconviction petition when the allegations are contradicted by the record from the original trial proceedings.”). ¶ 23 We also conclude that defendant failed to set forth an arguable claim of actual innocence that would warrant second stage proceedings.

2016People v. Torres, 228 Ill. 2d 382, 394 (2008) (“[T]his court has consistently upheld the dismissal of a postconviction petition when the allegations are contradicted by the record from the original trial proceedings.”). ¶ 23 We also conclude that defendant failed to set forth an arguable claim of actual innocence that would warrant second stage proceedings.

22
In re Haley D.green
ill · 2011 · cited in 2 Illinois opinions naming this issue, 2014–2015
2 sentences

2015Cf. In re Haley D., 2011 IL 110886, ¶ 69 (“[T]he overriding consideration, as we have already observed, is simply whether or not substantial justice is being done between the litigants and whether it is reasonable, under the circumstances, to compel the other party to go to trial on the merits.” (Emphasis added.)). - 19 - ¶ 80 Here, the record shows a violation of a fundamental constitutional protection.

2014Cf. In re Haley D., 2011 IL 110886, ¶ 69 (“[T]he overriding consideration, as we have already observed, is simply whether or not substantial justice is being done between the litigants and whether it is reasonable, under the circumstances, to compel the other party to go to trial on the merits.” (Emphasis added.)). ¶ 80 Here, the record shows a violation of a fundamental constitutional protection.

22
People v. Whiteheadgreen
ill · 1996 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015People v. Whitehead, 169 Ill. 2d 355, 390 , 662 N.E.2d 1304, 1320 (1996), overruled in part on other grounds by People v. Coleman, 183 Ill. 2d 366 , 701 N.E.2d 1063 (1998).

2015People v. Whitehead, 169 Ill. 2d 355, 390 , 662 N.E.2d 1304, 1320 (1996), overruled in part on other grounds by People v. Coleman, 183 Ill. 2d 366 , 701 N.E.2d 1063 (1998).

22
People v. Ventsiasgreen
illappct · 2014 · cited in 2 Illinois opinions naming this issue, 2014–2015
2 sentences

2015People v. Ventsias, 2014 IL App (3d) 130275, ¶ 16 (“[T]he protection against double jeopardy is so fundamental to the integrity of our justice system that it cannot be waived by a defendant ***.”).

2014People v. Ventsias, 2014 IL App (3d) 130275, ¶ 16 (“[T]he protection against double jeopardy is so fundamental to the integrity of our justice system that it cannot be waived by a defendant.”).

22
People v. Younggreen
illappct · 1994 · cited in 2 Illinois opinions naming this issue, 1999–1999
2 sentences

1999See People v. Young, 263 Ill.

1999See People v. Young , 263 Ill.

22
People v. Haynesgreen
ill · 1996 · cited in 4 Illinois opinions naming this issue, 2018–2021
2 sentences

2021People v. Haynes, 174 Ill. 2d 204, 235, 241 (1996). ¶ 43 Our supreme court has long held that strict, technical compliance with Rule 401(a) is not required, and instead, substantial compliance is sufficient to effectuate a valid waiver of counsel where the record shows the waiver was made knowingly and voluntarily, and defendant's rights were not prejudiced by the admonishment received.

2018Id. at 235 , 220 Ill.Dec. 406 , 673 N.E.2d 318 . ¶ 18 Defendant cannot make out a claim for relief on review because the record shows that his waiver was given freely and voluntarily and because he was not prejudiced by any error the trial court made.

14
People v. Wrightgreen
ill · 2017 · cited in 3 Illinois opinions naming this issue, 2021–2024
2 sentences

2024Substantial compliance with Rule 401(a) will be sufficient to effectuate a valid waiver so long as the record shows that the waiver was voluntarily, knowingly, and intelligently made, and “the sole admonishment that [defendant] did not receive in no way prejudiced his rights.” Wright, 2017 IL 119561, ¶¶ 41, 44 .

2022People v. Eugene Wright, 2017 IL 119561, ¶ 41 .

13
People v. Nevittgreen
ill · 1990 · cited in 2 Illinois opinions naming this issue, 1997–1997
2 sentences

1997Nevitt, 135 Ill. 2d at 455 .

1997Nevitt, 135 Ill. 2d at 455.

12
People v. Caffeygreen
ill · 2001 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025“An abuse of discretion will be found only where the trial court’s ruling is arbitrary, fanciful, unreasonable, or where no reasonable person would take the view adopted by the trial court.” People v. Caffey, 205 Ill. 2d 52, 89 (2001). ¶ 14 The record shows defense counsel cross-examined Perkins extensively and tested the reliability of her trial testimony by questioning her about the origins of her relationship with Walls- Bey, their joint participation in a carpentry program, the events of December 4, 2021, and her subsequent interviews with police and prosecutors.

11
People v. Reesegreen
ill · 2017 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See Reese, 2017 IL 120011, ¶¶ 62, 65 ; People v. Redmond, 2018 IL App (1st) 151188, ¶ 25 ; contra People v. Martin, 2021 IL App (4th) 180267, ¶ 37 (“However, we are required to mechanically apply Rule 401 here.”). ¶ 77 Defendant’s claim for relief on review fails because the record shows that his waiver was given knowingly and intelligently.

11
People v. Martingreen
illappct · 2021 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See Reese, 2017 IL 120011, ¶¶ 62, 65 ; People v. Redmond, 2018 IL App (1st) 151188, ¶ 25 ; contra People v. Martin, 2021 IL App (4th) 180267, ¶ 37 (“However, we are required to mechanically apply Rule 401 here.”). ¶ 77 Defendant’s claim for relief on review fails because the record shows that his waiver was given knowingly and intelligently.

11
People v. Quinngreen
illappct · 2002 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022See Quinn, 332 Ill.

11
People v. Herreragreen
illappct · 1994 · cited in 1 Illinois opinions naming this issue, 2022–2022
11
People v. Campbellgreen
ill · 2003 · cited in 1 Illinois opinions naming this issue, 2021–2021
11
People v. Gricegreen
illappct · 2007 · cited in 1 Illinois opinions naming this issue, 2020–2020
11
Nix v. Smithgreen
ill · 1965 · cited in 1 Illinois opinions naming this issue, 2013–2013
11
People v. Blackwellgreen
ill · 1996 · cited in 1 Illinois opinions naming this issue, 2012–2012
11
People v. Thompsongreen
ill · 2010 · cited in 1 Illinois opinions naming this issue, 2010–2010
11
People v. Hortongreen
ill · 1991 · cited in 1 Illinois opinions naming this issue, 1994–1994
11
McGaughy v. McGaughygreen
ill · 1951 · cited in 1 Illinois opinions naming this issue, 1970–1970
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 (47)

CaseCitedYears
People v. Hui green
illappct · 2022
2 sentences

2024“Strict, technical compliance with the rule is not always required; substantial compliance is sufficient for a valid waiver of counsel if the record shows that the waiver was made knowingly and intelligently and that the trial court’s admonishment did not prejudice the defendant’s rights.” Hui, 2022 IL App (2d) 190846, ¶ 51 .

2022Strict, technical compliance with the rule is not always required; substantial compliance is sufficient for a valid waiver of counsel if the record shows that the waiver was made knowingly and intelligently and that the trial court’s admonishment did not prejudice the defendant’s rights. - 19 - 2022 IL App (2d) 190846 Id.

32022–2024
Frye v. United States red
cadc · 1923
2 sentences

2018The record shows the hearing addressed both the foundation for retrograde extrapolation evidence as well as the reliability of such scientific evidence under the Frye standard (Frye v. United States, 293 F. 1013 (D.C.

2017The record shows the hearing addressed both the foundation for retrograde extrapolation evidence as well as the reliability of such scientific evidence under the Frye standard ( Frye v. United States , 293 F. 1013 (D.C.

22017–2018
People v. Hodges green
ill · 2009
2 sentences

2017Hodges, 234 Ill. 2d at 16-17 . ¶ 22 Although defendant now contends that Hill committed the murder, and that defendant was “nowhere near the scene” when the crime occurred, the record shows that defense counsel, and defendant himself, requested to strike his alibi defense before trial, maintaining that he was “in the vicinity” of the crime scene, but that he “was not the shooter.” In these circumstances, we find defendant’s actual innocence claim to be subject to summary dismissal, as it is belied by the record.

2016Hodges, 234 Ill. 2d at 16-17 . ¶ 22 Although defendant now contends that Hill committed the murder, and that defendant was “nowhere near the scene” when the crime occurred, the record shows that defense counsel, and defendant himself, requested to strike his alibi defense before trial, maintaining that he was “in the vicinity” of the crime scene, but that he “was not the shooter.” In these circumstances, we find defendant’s actual innocence claim to be subject to summary dismissal, as it is belied by the 14 No. 1-14-1359 record.

22016–2017
People v. Coleman green
ill · 1998
2 sentences

2015People v. Whitehead, 169 Ill. 2d 355, 390 , 662 N.E.2d 1304, 1320 (1996), overruled in part on other grounds by People v. Coleman, 183 Ill. 2d 366 , 701 N.E.2d 1063 (1998).

2015People v. Whitehead, 169 Ill. 2d 355, 390 , 662 N.E.2d 1304, 1320 (1996), overruled in part on other grounds by People v. Coleman, 183 Ill. 2d 366 , 701 N.E.2d 1063 (1998).

22015–2015
People v. Flores green
ill · 1989
2 sentences

2013This “dual representation,” the defendant argued, “raised a per se conflict of interest which required counsel to withdraw as his attorney, and because counsel did not, he was denied a fair trial.” Id. ¶ 62 The supreme court responded: “Contrary to what the defendant asserts, nothing in the record shows that defense counsel represented Ramos at the time of [the] defendant’s trial.

2013Instead, the defendant in Flores argued that, “at the time of trial, defense counsel also represented one of the State’s witnesses, Sammy Ramos” (id. at 82), and the supreme court merely responded to that argument: “Contrary to what the defendant asserts, nothing in the record shows that defense counsel represented Ramos at the time of [the] defendant’s trial.” (Emphasis added.) Id. at 83 .

21998–2013
Knight v. State green
texapp · 1992
2 sentences

1999We find the cases cited by defendant unsupportive of his position (see Knight v. Texas, 839 S.W.2d 505 (Tex. Ct. App. 1992); Missouri v. McKee, 826 S.W.2d 26 (Mo. Ct. App. 1992); Presley v. Missouri, 750 S.W.2d 602 (Mo. Ct. App. 1988), and therefore will not presume ineffective assistance in this case.

1999We find the cases cited by defendant unsupportive of his position (see Knight v. State, 839 S.W.2d 505 (Tex. Ct. App. 1992); State v. McKee, 826 S.W2d 26 (Mo. Ct. App. 1992); Presley v. State, 750 S.W2d 602 (Mo. Ct. App. 1988)), and therefore we will not presume ineffective assistance in this case.

21999–1999
Presley v. State green
moctapp · 1988
2 sentences

1999We find the cases cited by defendant unsupportive of his position (see Knight v. Texas, 839 S.W.2d 505 (Tex. Ct. App. 1992); Missouri v. McKee, 826 S.W.2d 26 (Mo. Ct. App. 1992); Presley v. Missouri, 750 S.W.2d 602 (Mo. Ct. App. 1988), and therefore will not presume ineffective assistance in this case.

1999We find the cases cited by defendant unsupportive of his position (see Knight v. State, 839 S.W.2d 505 (Tex. Ct. App. 1992); State v. McKee, 826 S.W2d 26 (Mo. Ct. App. 1992); Presley v. State, 750 S.W2d 602 (Mo. Ct. App. 1988)), and therefore we will not presume ineffective assistance in this case.

21999–1999
State v. McKee green
moctapp · 1992
2 sentences

1999We find the cases cited by defendant unsupportive of his position (see Knight v. Texas, 839 S.W.2d 505 (Tex. Ct. App. 1992); Missouri v. McKee, 826 S.W.2d 26 (Mo. Ct. App. 1992); Presley v. Missouri, 750 S.W.2d 602 (Mo. Ct. App. 1988), and therefore will not presume ineffective assistance in this case.

1999We find the cases cited by defendant unsupportive of his position (see Knight v. State, 839 S.W.2d 505 (Tex. Ct. App. 1992); State v. McKee, 826 S.W2d 26 (Mo. Ct. App. 1992); Presley v. State, 750 S.W2d 602 (Mo. Ct. App. 1988)), and therefore we will not presume ineffective assistance in this case.

21999–1999
People v. Coleman green
ill · 1989
2 sentences

1996Coleman, 129 Ill.2d at 333 , 135 Ill.Dec. 834 , 544 N.E.2d 330 ; Johnson, 119 Ill.2d at 132 , 115 Ill.Dec. 575 , 518 N.E.2d 100 .

1996Coleman, 129 Ill. 2d at 333 ; Johnson, 119 Ill. 2d at 132 .

21996–1996
People v. Johnson green
ill · 1987
2 sentences

1996Coleman, 129 Ill.2d at 333 , 135 Ill.Dec. 834 , 544 N.E.2d 330 ; Johnson, 119 Ill.2d at 132 , 115 Ill.Dec. 575 , 518 N.E.2d 100 .

1996Coleman, 129 Ill. 2d at 333 ; Johnson, 119 Ill. 2d at 132 .

21996–1996
People v. Murrell green
ill · 1975
2 sentences

1989The record is only silent as to the defendant’s knowledge and intent.” (Murrell, 60 Ill. 2d at 290 , 326 N.E.2d at 764 .) Unlike Murrell, the record is silent as to whether defendant was aware of the jury waiver.

1989The record is only silent as to the defendant’s knowledge and intent.” (Murrell, 60 Ill. 2d at 290 , 326 N.E.2d at 764 .) Unlike Murrell, the record is silent as to whether defendant was aware of the jury waiver.

21979–1989
Duffy v. Cortesi green
ill · 1954
2 sentences

1985“Where error is shown to exist, it will compel reversal, unless the record affirmatively shows that the error was not prejudicial.” (Duffy v. Cortesi (1954), 2 Ill. 2d 511, 517 .) The transcript shows that in closing argument plaintiffs’ counsel emphasized the opinion testimony, and we are unable to say that the record shows that the error in admitting the testimony was not prejudicial.

1978Duffy v. Cortesi (1954), 2 Ill. 2d 511 , 119 N.E.2d 241 .

21978–1985
People v. Ciborowski green
illappct · 2016
1 sentence

2025People v. Ciborowski, 2016 IL App (1st) 143352, ¶ 99 . ¶ 17 Here, the record shows that defense counsel acquiesced to the omission of the language “without lawful justification” from the jury instructions.

12025–2025
People v. Palomar green
illappct · 2024
1 sentence

2024CONCLUSION -7- 2024 IL App (2d) 230476 ¶ 20 Here, the record shows no error in the proceedings.

12024–2024
People v. Redmond green
illappct · 2018
1 sentence

2023See Reese, 2017 IL 120011, ¶¶ 62, 65 ; People v. Redmond, 2018 IL App (1st) 151188, ¶ 25 ; contra People v. Martin, 2021 IL App (4th) 180267, ¶ 37 (“However, we are required to mechanically apply Rule 401 here.”). ¶ 77 Defendant’s claim for relief on review fails because the record shows that his waiver was given knowingly and intelligently.

12023–2023
People v. McKee green
illappct · 2022
12022–2022
People v. Smith green
illappct · 2001
12021–2021
United States v. Martinez-Salazar green
scotus · 2000
12021–2021
People v. Miller green
illappct · 2013
12021–2021
People v. Domagala green
ill · 2013
12021–2021
Foutch v. O'BRYANT green
ill · 1984
12020–2020
People v. Walker green
ill · 2004
12013–2013
People v. Chandler green
ill · 1989
12012–2012
People v. Dixon green
illappct · 1993
11995–1995
People v. L.W. neutral
illappct · 1988
11994–1994
People v. Jimerson green
ill · 1989
11991–1991
In Re Marriage of Passiales green
illappct · 1986
11991–1991
People v. Oatis green
illappct · 1977
11984–1984
Cole v. Brundage green
illappct · 1976
11981–1981
People v. Rich neutral
illappct · 1979
11980–1980
The People v. McElroy green
ill · 1964
11978–1978
People v. Norwood green
ill · 1973
11978–1978
Martin v. Kralis Poultry Co. green
illappct · 1973
11978–1978
People v. Gooding green
ill · 1975
11977–1977
People v. Donalson green
ill · 1976
11977–1977
People v. Losacano green
illappct · 1975
11977–1977
People v. Edwards green
ill · 1973
11974–1974
People v. Smothers green
ill · 1973
11974–1974
People v. Hawkins green
ill · 1972
11974–1974
Schwarz v. Schwarz green
ill · 1963
11970–1970

Statutes the citing opinions construe

IL § 720 ILCS 5/9-1 (7) IL § 625 ILCS 5/11-501 (5) IL § 705 ILCS 405/5-130 (4) IL § 720 ILCS 5/8-4 (4) IL § 725 ILCS 5/122-1 (4) IL § 725 ILCS 5/122-2 (4) IL § 725 ILCS 5/122-2.1 (4)

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

TX 176 (1909–2026) CA 85 (1893–2026) IL 74 (1869–2026) NY 51 (1891–2022) MT 39 (1911–2023) GA 30 (1947–2025) FL 24 (1928–2020) PA 16 (1893–2020) MS 16 (1998–2024) NC 16 (1884–2024) WA 15 (1910–2022) AL 14 (1914–2025) LA 14 (1921–2017) CO 13 (1912–2025) MI 13 (1914–2021) OH 13 (1996–2025) OK 12 (1933–2023) MO 11 (1894–2013) MA 10 (1925–2018) IN 10 (1883–2012) WV 9 (1904–2014) KS 7 (1888–2021) MD 7 (1914–2026) ID 7 (1887–2020) NM 6 (1950–2023) CT 5 (1942–2015) SC 5 (1994–2012) NE 5 (1894–2021) WY 5 (2006–2025) MN 4 (1938–2012) TN 4 (2002–2024) AZ 3 (1998–2023) WI 3 (1967–2015) DE 3 (1986–2024) NJ 3 (1986–2021) ME 2 (2017–2017) AR 2 (1906–1919) VA 2 (1873–1993) IA 2 (2018–2025)

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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