motion for a fitness hearing (Illinois) · Go Syfert
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motion for a fitness hearing in Illinois

8 Illinois opinions name it 2 courts 2003–2023 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 (3)

CaseFollowedCited
People v. Wanda A.green
illappct · 2006 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023App. 3d 800, 805 , 856 N.E.2d 569, 769 (2006) (finding a respondent was not denied due process by the denial of a motion for a fitness hearing prior to termination proceedings); see also In re N.T., 2015 IL App (1st) 142391, ¶ 58 , 31 N.E.3d 254 (finding the circuit court’s failure to sua sponte order a fitness examination prior to termination proceedings did not deny respondent mother due process). ¶ 33 In C.S., the Third District determined the circuit court erred by denying the respondent mother’s motions for a mental health examination prior to an adjudicatory hearing.

11
In Re CSgreen
illappct · 2007 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023C.S., 376 Ill.

11
In re N.T.green
illappct · 2015 · cited in 1 Illinois opinions naming this issue, 2023–2023
2 sentences

2023App. 3d 800, 805 , 856 N.E.2d 569, 769 (2006) (finding a respondent was not denied due process by the denial of a motion for a fitness hearing prior to termination proceedings); see also In re N.T., 2015 IL App (1st) 142391, ¶ 58 , 31 N.E.3d 254 (finding the circuit court’s failure to sua sponte order a fitness examination prior to termination proceedings did not deny respondent mother due process). ¶ 33 In C.S., the Third District determined the circuit court erred by denying the respondent mother’s motions for a mental health examination prior to an adjudicatory hearing.

2023App. 3d 800, 805 , 856 N.E.2d 569, 769 (2006) (finding a respondent was not denied due process by the denial of a motion for a fitness hearing prior to termination proceedings); see also In re N.T., 2015 IL App (1st) 142391, ¶ 58 , 31 N.E.3d 254 (finding the circuit court’s failure to sua sponte order a fitness examination prior to termination proceedings did not deny respondent mother due process). ¶ 33 In C.S., the Third District determined the circuit court erred by denying the respondent mother’s motions for a mental health examination prior to an adjudicatory hearing.

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. Hanson green
ill · 2004
2 sentences

2012The appellate court erroneously relied on Cleer to conclude in this case that ‘upon accepting a motion for a fitness hearing and appointing a qualified expert, the trial court implicitly concludes that a bona fide doubt as to defendant’s fitness exists.’ To the extent that Cleer may be read as holding that the grant of a motion for fitness examination, by itself, required the trial court to hold a fitness hearing, it is overruled.” Hanson, 212 Ill. 2d at 222 (quoting Eddmonds, 143 Ill. 2d at 518 , quoting Drope, 420 U.S. at 180 )). ¶ 135 Our supreme court also found unpersuasive the defendant’

2010Hanson, 212 Ill. 2d at 218 .

32010–2012
People v. Cleer green
illappct · 2002
2 sentences

2004Cleer , 328 Ill.

2004Cleer, 328 Ill.

22004–2004
People v. Mitchell green
ill · 2000
2 sentences

2003Mitchell, 189 Ill. 2d at 334 .

2003Mitchell , 189 Ill. 2d at 334 .

22003–2003
People v. Eddmonds green
ill · 1991
1 sentence

2012The appellate court erroneously relied on Cleer to conclude in this case that ‘upon accepting a motion for a fitness hearing and appointing a qualified expert, the trial court implicitly concludes that a bona fide doubt as to defendant’s fitness exists.’ To the extent that Cleer may be read as holding that the grant of a motion for fitness examination, by itself, required the trial court to hold a fitness hearing, it is overruled.” Hanson, 212 Ill. 2d at 222 (quoting Eddmonds, 143 Ill. 2d at 518 , quoting Drope, 420 U.S. at 180 )). ¶ 135 Our supreme court also found unpersuasive the defendant’

12012–2012
Drope v. Missouri green
scotus · 1975
1 sentence

2012The appellate court erroneously relied on Cleer to conclude in this case that ‘upon accepting a motion for a fitness hearing and appointing a qualified expert, the trial court implicitly concludes that a bona fide doubt as to defendant’s fitness exists.’ To the extent that Cleer may be read as holding that the grant of a motion for fitness examination, by itself, required the trial court to hold a fitness hearing, it is overruled.” Hanson, 212 Ill. 2d at 222 (quoting Eddmonds, 143 Ill. 2d at 518 , quoting Drope, 420 U.S. at 180 )). ¶ 135 Our supreme court also found unpersuasive the defendant’

12012–2012

Where else courts name it

IL 8 (2003–2023) CA 4 (2017–2017)

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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