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

8 Illinois opinions name it 2 courts 2007–2020 0 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. Olssongreen
illappct · 2015 · cited in 1 Illinois opinions naming this issue, 2015–2015
1 sentence

2015We held that, in the absence of a request for a fitness hearing, the trial court did not have “an independent duty, as a matter of due process, to review the defendant’s fitness.” Olsson, 2012 IL App (2d) -9- 2015 IL App (2d) 140955 110856, ¶ 22 .

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 (3)

CaseCitedYears
Brady v. Maryland green
scotus · 1963
2 sentences

2008JUSTICE TULLY delivered the opinion of the court: On October 3, 2005, defendant filed a second postconviction petition in which he alleged (1) that his trial counsel was ineffective for failing to obtain records from the psychiatric unit of the Cook County jail, which would have supported an insanity defense and a request for a fitness hearing; (2) that, in violation of Brady v. Maryland, 373 U.S. 83 , 10 L.

2008JUSTICE TULLY delivered the opinion of the court: On October 3, 2005, defendant filed a second postconviction petition in which he alleged (1) that his trial counsel was ineffective for failing to obtain records from the psychiatric unit of the Cook County jail, which would have supported an insanity defense and a request for a fitness hearing; (2) that, in violation of Brady v. Maryland, 373 U.S. 83 , 10 L.

42007–2008
People v. Sophanavong green
ill · 2020
2 sentences

2020This court in People v. Sophanavong, 2020 IL 124337, ¶ 20 , observed that the terms forfeiture and waiver have been used at times interchangeably, and often incorrectly, in criminal cases.

2020This court in People v. Sophanavong, 2020 IL 124337, ¶ 20 , observed that the terms forfeiture and waiver have been used at times interchangeably, and often incorrectly, in criminal cases.

22020–2020
People v. Olsson green
illappct · 2012
2 sentences

2015Instead, during the section 104-25(g)(2) period, “due process is satisfied if the defendant is afforded periodic review of fitness upon request.” 1 Olsson, 2012 IL App (2d) 110856, ¶ 22 .

2015We held that, in the absence of a request for a fitness hearing, the trial court did not have “an independent duty, as a matter of due process, to review the defendant’s fitness.” Olsson, 2012 IL App (2d) 110856, ¶ 22 .

22015–2015

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