waiver does not bar review doctrine (Illinois) · Go Syfert
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waiver does not bar review doctrine in Illinois

8 Illinois opinions name it 2 courts 1996–2020 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 (3)

CaseFollowedCited
People v. Fostergreen
ill · 1996 · cited in 6 Illinois opinions naming this issue, 1997–2011
2 sentences

2011Nonetheless, “[i]t is well established that ‘the doctrine of waiver does not bar review of an issue when the waiver arises from ineffective assistance of appellate counsel.’ ” People v. Moore, 177 Ill. 2d 421, 428 , 686 N.E.2d 587 (1997) (quoting People v. Foster, 168 Ill. 2d 465, 474 , 660 N.E.2d 951 (1995)).

2011Nonetheless, “[i]t is well established that ‘the doctrine of waiver does not bar review of an issue when the waiver arises from ineffective assistance of appellate counsel.’ ” People v. Moore, 177 Ill. 2d 421, 428 , 686 N.E.2d 587 (1997) (quoting People v. Foster, 168 Ill. 2d 465, 474 , 660 N.E.2d 951 (1995)).

46
People v. Mooregreen
ill · 1997 · cited in 5 Illinois opinions naming this issue, 2008–2020
2 sentences

2020Flores, 153 Ill. 2d at 277-78 (recognizing the ease with which a defendant may avoid the operation of waiver by placing the claims in the context of ineffective assistance of appellate counsel); People v. Moore, 177 Ill. 2d 421, 428 (1997) (“doctrine of waiver does not bar review of an issue when the waiver arises from ineffective assistance of appellate counsel” (internal quotation marks omitted)).

2011Nonetheless, “[i]t is well established that ‘the doctrine of waiver does not bar review of an issue when the waiver arises from ineffective assistance of appellate counsel.’ ” People v. Moore, 177 Ill. 2d 421, 428 , 686 N.E.2d 587 (1997) (quoting People v. Foster, 168 Ill. 2d 465, 474 , 660 N.E.2d 951 (1995)).

35
People v. Floresgreen
ill · 1992 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020Flores, 153 Ill. 2d at 277-78 (recognizing the ease with which a defendant may avoid the operation of waiver by placing the claims in the context of ineffective assistance of appellate counsel); People v. Moore, 177 Ill. 2d 421, 428 (1997) (“doctrine of waiver does not bar review of an issue when the waiver arises from ineffective assistance of appellate counsel” (internal quotation marks omitted)).

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
People v. Childress green
ill · 2000
2 sentences

2011“We, therefore, must determine whether petitioner’s underlying ineffective assistance of trial counsel claim would have been successful if raised on direct appeal.” People v. Childress, 191 Ill. 2d 168, 175 , 730 N.E.2d 32 (2000).

2011“We, therefore, must determine whether petitioner’s underlying ineffective assistance of trial counsel claim would have been successful if raised on direct appeal.” People v. Childress, 191 Ill. 2d 168, 175 , 730 N.E.2d 32 (2000).

22011–2011
People v. Winsett green
ill · 1992
1 sentence

1996(People v. Guest (1995), 166 Ill. 2d 381, 390 ; People v. Winsett (1992), 153 Ill. 2d 335, 346 .) We review the merits of the underlying issues that were not raised on direct review to determine whether appellate counsel’s performance was ineffective.

11996–1996
People v. Guest green
ill · 1995
1 sentence

1996(People v. Guest (1995), 166 Ill. 2d 381, 390 ; People v. Winsett (1992), 153 Ill. 2d 335, 346 .) We review the merits of the underlying issues that were not raised on direct review to determine whether appellate counsel’s performance was ineffective.

11996–1996

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (3) IL § 730 ILCS 5/5-8-1 (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.

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