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8 Illinois opinions name it 1 courts 2021–2026 8 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. Dorseygreen2 sentences2023Thus, “the doctrine of res judicata bars issues that were raised and decided on direct appeal, and forfeiture precludes issues that could have been raised but were not.” People v. Dorsey, 2021 IL 123010, ¶ 31 . ¶ 35 The Act contemplates one postconviction petition, so a defendant “faces ‘immense procedural default hurdles when bringing a successive postconviction petition.’ ” Dorsey, 2021 IL 123010, ¶ 32 (quoting People v. Davis, 2014 IL 115595, ¶ 14 ). 2023Thus, “the doctrine of res judicata bars issues that were raised and decided on direct appeal, and forfeiture precludes issues that could have been raised but were not.” People v. Dorsey, 2021 IL 123010, ¶ 31 . ¶ 35 The Act contemplates one postconviction petition, so a defendant “faces ‘immense procedural default hurdles when bringing a successive postconviction petition.’ ” Dorsey, 2021 IL 123010, ¶ 32 (quoting People v. Davis, 2014 IL 115595, ¶ 14 ). | 2 | 5 |
People v. Pitsonbargergreen2 sentences2023People v. Dorsey, 2021 IL 123010, ¶ 31 . ¶ 29 The Act contemplates the filing of only one post-conviction petition. 725 ILCS 5/122-1(f) (West 2020); People v. Pitsonbarger, 205 Ill. 2d 444, 456 (2002); see also 725 ILCS 5/122-3 (West 2020) (“Any claim of substantial denial of constitutional rights not raised in the original or an amended petition is waived”). 2021People v. Dorsey, 2021 IL 123010, ¶ 31 . ¶ 33 The Act contemplates the filing of only one postconviction petition. 725 ILCS 5/122-1(f), 122-3 (West 2018); People v. Pitsonbarger, 205 Ill. 2d 444, 456 (2002). | 2 | 2 |
People v. Davisgreen2 sentences2026See, e.g., People v. Davis, 2014 IL 115595, ¶ 13 (the doctrine of res judicata bars issues that were raised or could have been raised in earlier proceedings). 2023Thus, “the doctrine of res judicata bars issues that were raised and decided on direct appeal, and forfeiture precludes issues that could have been raised but were not.” People v. Dorsey, 2021 IL 123010, ¶ 31 . ¶ 35 The Act contemplates one postconviction petition, so a defendant “faces ‘immense procedural default hurdles when bringing a successive postconviction petition.’ ” Dorsey, 2021 IL 123010, ¶ 32 (quoting People v. Davis, 2014 IL 115595, ¶ 14 ). | 1 | 2 |
People v. Williamsgreen1 sentence2024These procedural barriers apply at the first stage (People v. Blair, 215 Ill. 2d 427, 443 (2005)) and will only “be relaxed in three circumstances: where fundamental fairness so requires, where the [procedural barrier] stems from the ineffective assistance of appellate counsel, or where the facts relating to the claim do not appear on the face of the original appellate record” (People v. Williams, 209 Ill. 2d 227, 233 (2004)). ¶ 39 Here, defendant argues that his forfeiture should be relaxed because his appellate counsel was ineffective for failing to raise an issue on direct appeal. | 1 | 1 |
People v. Blairgreen1 sentence2024These procedural barriers apply at the first stage (People v. Blair, 215 Ill. 2d 427, 443 (2005)) and will only “be relaxed in three circumstances: where fundamental fairness so requires, where the [procedural barrier] stems from the ineffective assistance of appellate counsel, or where the facts relating to the claim do not appear on the face of the original appellate record” (People v. Williams, 209 Ill. 2d 227, 233 (2004)). ¶ 39 Here, defendant argues that his forfeiture should be relaxed because his appellate counsel was ineffective for failing to raise an issue on direct appeal. | 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. Tate
green
1 sentence2024“The summary dismissal of a postconviction petition is reviewed de novo.” People v. Tate, 2012 IL 112214, ¶ 10 . ¶ 38 It is well established that “[p]ostconviction proceedings are collateral to proceedings on direct appeal and, thus, focus on constitutional claims that have not and could not have been previously adjudicated. [Citation.] For that reason, the doctrine of res judicata bars issues that were raised and decided on direct appeal, and forfeiture precludes issues - 10 - that could have been raised but were not.” (Internal quotation marks omitted.) People v. Moore, 2023 IL App (4th) 210 | 1 | 2024–2024 |
People v. Moore
green
1 sentence2024“The summary dismissal of a postconviction petition is reviewed de novo.” People v. Tate, 2012 IL 112214, ¶ 10 . ¶ 38 It is well established that “[p]ostconviction proceedings are collateral to proceedings on direct appeal and, thus, focus on constitutional claims that have not and could not have been previously adjudicated. [Citation.] For that reason, the doctrine of res judicata bars issues that were raised and decided on direct appeal, and forfeiture precludes issues - 10 - that could have been raised but were not.” (Internal quotation marks omitted.) People v. Moore, 2023 IL App (4th) 210 | 1 | 2024–2024 |
People v. Lusby
green
2 sentences2023Id. ¶ 45 “The Act itself contemplates the filing of a single petition ***.” People v. Lusby, 2020 IL 124046, ¶ 27 , 182 N.E.3d 563 . 2023Id. ¶ 45 “The Act itself contemplates the filing of a single petition ***.” People v. Lusby, 2020 IL 124046, ¶ 27 , 182 N.E.3d 563 . | 1 | 2023–2023 |
People v. Holman
green
1 sentence2023Id. ¶ 45 “The Act itself contemplates the filing of a single petition ***.” People v. Lusby, 2020 IL 124046, ¶ 27 , 182 N.E.3d 563 . | 1 | 2023–2023 |
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.