ineffectiveness of counsel claim (Illinois) · Go Syfert
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ineffectiveness of counsel claim in Illinois

9 Illinois opinions name it 2 courts 1995–2024 4 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
Strickland v. Washingtongreen
scotus · 1984 · cited in 3 Illinois opinions naming this issue, 1995–2023
2 sentences

2023See Strickland v. Washington, 466 U.S. 668, 694 (1984) (showing the prejudice prong of the ineffectiveness-of-counsel test requires proof “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different”). ¶ 32 III.

1995See Strickland v. Washington (1984), 466 U.S. 668, 697 , 80 L.

23
People v. Hendersongreen
ill · 2013 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See Henderson, 2013 IL 114040, ¶ 11 . ¶ 137 7.

11
United States v. Cronicgreen
scotus · 1984 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023In re M.D., 2022 IL App 4th 210288, ¶ 93 (citing People v. Hale, 2013 IL 113140 , ¶ 17). ¶ 78 The mother first argues that her counsel’s performance was so deficient that prejudice should be presumed citing United States v. Cronic, 466 U.S. 648, 659-61 (1984).

11
People v. Browngreen
ill · 1973 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012See, e.g., People v. Brown, 54 Ill. 2d 21, 24 (1973) (a defendant “will stand to gain if he can succeed in establishing that he did not testify because his lawyer refused to permit him to do so”).

11
People v. Wheelergreen
ill · 2007 · cited in 1 Illinois opinions naming this issue, 2011–2011
1 sentence

2011See Wheeler, 226 Ill. 2d at 123 . ¶ 43 Finally, we repeat our observation regarding our review of the defendant’s direct appeal.

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 (3)

CaseCitedYears
People v. Bew green
ill · 2008
1 sentence

2024Id.

12024–2024
People v. Hale green
ill · 2013
1 sentence

2023In re M.D., 2022 IL App 4th 210288, ¶ 93 (citing People v. Hale, 2013 IL 113140 , ¶ 17). ¶ 78 The mother first argues that her counsel’s performance was so deficient that prejudice should be presumed citing United States v. Cronic, 466 U.S. 648, 659-61 (1984).

12023–2023
People v. Cleveland green
illappct · 2012
2 sentences

2019Petitioner expressly informed the court that he would not testify, and did not voice at trial any objection to his counsel’s advice or a desire to testify. ¶ 17 Moreover, the court’s reliance on Cleveland, 2012 IL App (1st) 101631, ¶¶ 65-67 , was not improper, as its reference to that case concerned not the stage of proceedings, but, rather, the general concepts that “[a]s with many constitutional rights that may be waived, it is incumbent upon the defendant to assert his right to testify such that his right can be vindicated during the course of the trial,” and “Illinois courts have voiced co

2019Petitioner expressly informed the court that he would not testify, and did not voice at trial any objection to his counsel’s advice or a desire to testify. ¶ 17 Moreover, the court’s reliance on Cleveland, 2012 IL App (1st) 101631, ¶¶ 65-67 , was not improper, as its reference to that case concerned not the stage of proceedings, but, rather, the general concepts that “[a]s with many constitutional rights that may be waived, it is incumbent upon the defendant to assert his right to testify such that his right can be vindicated during the course of the trial,” and “Illinois courts have voiced co

12019–2019

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (6) IL § 725 ILCS 5/122-2.1 (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.

Where else courts name it

PA 81 (1978–2026) TX 24 (1985–2015) UT 12 (1990–2019) GA 11 (1986–2026) CA 11 (1987–2020) FL 9 (1995–2021) IL 9 (1995–2024) CO 6 (1991–2024) WY 6 (1992–2016) ID 5 (1979–2005) WA 5 (1997–2018) MO 5 (1988–1993) AL 4 (1989–1994) TN 4 (2003–2003) MA 4 (2013–2014) SD 4 (1984–2008) MD 3 (1986–2023) CT 3 (1992–2001) NY 2 (2008–2010) MI 2 (2019–2021) LA 2 (1990–2001) DC 2 (1980–1985)

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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