record positively rebuts presumption (Illinois) · Go Syfert
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record positively rebuts presumption in Illinois

6 Illinois opinions name it 1 courts 2016–2023 3 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. Profitgreen
illappct · 2012 · cited in 3 Illinois opinions naming this issue, 2016–2020
2 sentences

2020Id.; Profit, 2012 IL App (1st) 101307, ¶ 19 .

2017See Profit, 2012 IL App (1st) 101307, ¶ 19 .

23
People v. Landergreen
ill · 2005 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022Id.; People v. Lander, 215 Ill. 2d 577, 584 (2005); see also People v. Wallace, 2016 IL App (1st) 142758, ¶ 28 (observing that when faced with a facially valid 651(c) certificate, the question is “whether the record positively rebuts the presumption of reasonableness.”).

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 (2)

CaseCitedYears
People v. Edwards green
ill · 2001
2 sentences

2023Edwards, -6- 197 Ill. 2d at 258 , 757 N.E.2d at 453 . ¶ 14 The State asserts Edwards is distinguishable because the record positively rebuts a claim of prejudice and a required presumption of prejudice in such a case undermines the purpose of first-stage review.

2023Edwards, -6- 197 Ill. 2d at 258 , 757 N.E.2d at 453 . ¶ 14 The State asserts Edwards is distinguishable because the record positively rebuts a claim of prejudice and a required presumption of prejudice in such a case undermines the purpose of first-stage review.

12023–2023
People v. Wallace green
illappct · 2017
1 sentence

2022To overcome this presumption raised by the Rule 651(c) certificate, defendant must show that “the record positively rebuts the presumption of reasonableness.” People v. Wallace, 2016 IL App (1st) 142758, ¶ 28 .

12022–2022

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (6)

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.

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