newly discovered evidence claim (Illinois) · Go Syfert
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newly discovered evidence claim in Illinois

8 Illinois opinions name it 2 courts 1996–2022 2 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 (2)

CaseFollowedCited
People v. Barnslatergreen
illappct · 2007 · cited in 2 Illinois opinions naming this issue, 2012–2012
2 sentences

2012See Barnslater, 373 Ill.App.3d at 524 , 311 Ill.Dec. 619 , 869 N.E.2d at 304 .

2012See Barnslater, 373 Ill.App.3d at 524 , 311 Ill.Dec. 619 , 869 N.E.2d at 304 .

22
People v. Sotogreen
illappct · 2022 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022See People v. Ayala, 2022 IL App (1st) 192484, ¶ 134 (in the context of a newly discovered evidence analysis for an actual innocence claim, the due diligence requirement “applies to the diligence shown before trial”). ¶ 41 Next, the State concedes that the affidavits of Garvin and Olave are material and non- cumulative, but contends Ortiz’s affidavit is immaterial because he did not witness the shooting itself.

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 (7)

CaseCitedYears
People v. Washington green
ill · 1996
2 sentences

2019The appellate court "affirmed the grant of *780 *486 relief as to the newly discovered evidence claim." Id. at 479 , 216 Ill.Dec. 773 , 665 N.E.2d 1330 .

2019The appellate court "affirmed the grant of *780 *486 relief as to the newly discovered evidence claim." Id. at 479 , 216 Ill.Dec. 773 , 665 N.E.2d 1330 .

42019–2022
People v. Beaman green
ill · 2008
2 sentences

2012The only supporting material clearly after defendant's trial and direct appeal are the facts and rulings in People v. Beaman, 229 Ill.2d 56 , 321 Ill.Dec. 778 , 890 N.E.2d 500 (2008), and People v. Drew, No. 4-08-0011 (Dec. 4, 2008) (unpublished order under Illinois Supreme Court Rule 23). *1149 ¶ 23 In his appellate brief, defendant suggests recantations are an exception to the newly discovered evidence requirement.

2012The only supporting material clearly after defendant's trial and direct appeal are the facts and rulings in People v. Beaman, 229 Ill.2d 56 , 321 Ill.Dec. 778 , 890 N.E.2d 500 (2008), and People v. Drew, No. 4-08-0011 (Dec. 4, 2008) (unpublished order under Illinois Supreme Court Rule 23). *1149 ¶ 23 In his appellate brief, defendant suggests recantations are an exception to the newly discovered evidence requirement.

22012–2012
Herrera v. Collins green
scotus · 1993
2 sentences

1996Herrera, 506 U.S. at 398 , 122 L.

1996Herrera, 506 U.S. at 398 , 122 L.

11996–1996
The PEOPLE v. Orndoff green
ill · 1968
2 sentences

1996People v. Orndoff, 39 Ill.2d 96, 99 , 233 N.E.2d 378 (1968). *1336 Perhaps the closest this court has come to determining that our constitution's due process clause could be a means to recognize a newly discovered evidence claim for post-conviction purposes was in People v. Cornille, 95 Ill.2d 497 , 69 Ill.Dec. 945 , 448 N.E.2d 857 (1983).

1996People v. Orndoff, 39 Ill.2d 96, 99 , 233 N.E.2d 378 (1968). *1336 Perhaps the closest this court has come to determining that our constitution's due process clause could be a means to recognize a newly discovered evidence claim for post-conviction purposes was in People v. Cornille, 95 Ill.2d 497 , 69 Ill.Dec. 945 , 448 N.E.2d 857 (1983).

11996–1996
People v. Washington green
illappct · 1993
2 sentences

1996The appellate court affirmed the grant of relief as to the newly discovered evidence claim without addressing the others. 256 Ill.App.3d 445 , 195 Ill.Dec. 94 , 628 N.E.2d 558 .

1996The appellate court affirmed the grant of relief as to the newly discovered evidence claim without addressing the others. 256 Ill.

11996–1996
People v. Washington green
illappct · 1993
2 sentences

1996The appellate court affirmed the grant of relief as to the newly discovered evidence claim without addressing the others. 256 Ill.App.3d 445 , 195 Ill.Dec. 94 , 628 N.E.2d 558 .

1996The appellate court affirmed the grant of relief as to the newly discovered evidence claim without addressing the others. 256 Ill.App.3d 445 , 195 Ill.Dec. 94 , 628 N.E.2d 558 .

11996–1996
People v. Cornille green
ill · 1983
2 sentences

1996People v. Orndoff, 39 Ill.2d 96, 99 , 233 N.E.2d 378 (1968). *1336 Perhaps the closest this court has come to determining that our constitution's due process clause could be a means to recognize a newly discovered evidence claim for post-conviction purposes was in People v. Cornille, 95 Ill.2d 497 , 69 Ill.Dec. 945 , 448 N.E.2d 857 (1983).

1996Perhaps the closest this court has come to determining that our constitution’s due process clause could be a means to recognize a newly discovered evidence claim for post-conviction purposes was in People v. Cornille, 95 Ill. 2d 497 (1983).

11996–1996

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (6) IL § 55 ILCS 5/4-2002 (3) IL § 720 ILCS 5/33A-2 (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

FL 151 (1992–2026) PA 115 (2001–2026) MN 61 (2001–2026) WI 48 (1991–2026) IA 22 (1979–2026) WA 15 (2006–2025) MS 13 (2004–2024) NJ 10 (1982–2026) IL 8 (1996–2022) TN 8 (1996–2026) WV 8 (1979–2024) AL 7 (1987–2022) UT 7 (2005–2017) IN 6 (1980–2012) NY 5 (1980–2019) AZ 4 (1993–2022) KS 4 (1995–2021) DC 3 (1985–2000) CT 3 (2003–2023) MA 3 (1984–2015) OH 3 (1998–2016) MI 3 (2014–2015) NH 2 (2002–2015) TX 2 (1945–2005) MO 2 (2013–2013) CO 2 (2014–2025) ID 2 (2017–2020) GA 2 (1995–1996) ND 2 (2015–2016)

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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