certified mailing requirement (Illinois) · Go Syfert
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certified mailing requirement in Illinois

8 Illinois opinions name it 2 courts 2005–2022 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 (1)

CaseFollowedCited
People v. Ramirezgreen
ill · 2005 · cited in 5 Illinois opinions naming this issue, 2005–2022
2 sentences

2022See Ramirez, 214 Ill. 2d at 184 (strict compliance with the certified mailing requirement of section 115-4.1 of the Code cannot be harmless error). ¶ 23 Because our decision on the first issue is dispositive, it is not necessary to address the defendant’s other arguments on appeal. ¶ 24 CONCLUSION ¶ 25 The judgment of the circuit court of Mercer County is reversed and remanded. ¶ 26 Reversed and remanded. 10

2022Thus, we conclude that the trial court erred in completing the defendant’s trial in absentia without complying with the notice provisions of section 115-4.1(a) of the Code. 8 ¶ 20 Alternatively, even if the certified mailing requirement was not mandatory, to establish a prima facie case that a defendant was willfully avoiding trial, the State had to “show that the defendant (1) was advised of the trial date; (2) was advised that failure to appear could result in trial in absentia; and (3) did not appear for trial when the case was called.” Ramirez, 214 Ill. 2d at 184 .

35

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 (4)

CaseCitedYears
People v. Clark green
illappct · 1981
2 sentences

2005Clark, 96 Ill.

2005Clark , 96 Ill.

22005–2005
People v. Flores green
ill · 1984
2 sentences

2005In opposition to this result, the State argues that construing the certified mailing requirement as mandatory would violate important separation of powers principles. 2 In support, the State relies upon this court’s decision in People v. Flores, 104 Ill. 2d 40 (1984).

2005In opposition to this result, the State argues that construing the certified mailing requirement as mandatory would violate important separation of powers principles. (footnote: 2) In support, the State relies upon this court’s decision in People v. Flores , 104 Ill. 2d 40 (1984).

22005–2005
People v. Coppage green
illappct · 1989
1 sentence

2022Such notification shall be required when the defendant was not personally present in open court at the time when the case was set for trial.” Id. § 5/115-4.1(a). 7 ¶ 18 Our supreme court has held that where the defendant was not personally present in open court when a case was set for trial, strict compliance with the certified mailing requirement of section 115-4.1(a) of the Code is required.

12022–2022
People v. Prado green
illappct · 2012
1 sentence

2016Prado, 2012 IL App (2d) 110767, ¶ 9 . ¶ 10 Here, as defendant expressly asked the court to waive the certified-mailing requirement, we deem the record to affirmatively show that the State was not served by certified or registered mail.

12016–2016

Where else courts name it

IL 8 (2005–2022) WI 2 (2011–2016) MI 2 (1990–1997)

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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