criminal proceeding error (Illinois) · Go Syfert
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criminal proceeding error in Illinois

59 Illinois opinions name it 2 courts 1977–2026 32 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 (12)

CaseFollowedCited
Strickland v. Washingtongreen
scotus · 1984 · cited in 52 Illinois opinions naming this issue, 1984–2026
2 sentences

2026“An error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment. *** Accordingly, any deficiencies in counsel’s performance must be prejudicial to the defense in order to constitute ineffective assistance under the Constitution.” Id. at 691-92 . ¶ 96 “When addressing a claim of plain error and an alternative claim of ineffective assistance of counsel, appellate courts first consider whether the defendant has established a clear or obvious error. ‘Absent a clear or obvious error ***, neith

2026“An error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment.” Strickland, 466 U.S. at 691 (citing United States v. Morrison, 449 U.S. 361, 364-65 (1981)).

652
People v. Johnsongreen
ill · 2021 · cited in 7 Illinois opinions naming this issue, 2022–2026
2 sentences

2026See People v. Givens, 237 Ill. 2d 311, 331 (2010) (“If it is easier to dispose of an ineffective assistance claim on the ground that it lacks sufficient prejudice, then a court may proceed directly to the second prong and need not determine whether counsel’s performance was deficient.” (citing Strickland, 466 U.S. at 697 )). ¶ 57 “With respect to Strickland’s prejudice prong, ‘[a]n error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment.’” People v. Johnson, 2021 IL 126291, ¶ 54 (quot

2025People v. Hibbler, 2019 IL App (4th) 160897, ¶ 88 . “[I]f it is easier to dispose of an ineffective-assistance claim on the ground that it lacks a showing of sufficient prejudice, a court may proceed directly to Strickland’s prejudice prong and need not determine whether counsel’s performance was deficient.” People v. Johnson, 2021 IL 126291, ¶ 53 . “ ‘[A]n error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment.’ ” People v. Johnson, 2021 IL 126291, ¶ 54 (quoting Strickland, 466 U.S.

57
People v. Givensgreen
ill · 2010 · cited in 2 Illinois opinions naming this issue, 2021–2026
2 sentences

2026See People v. Givens, 237 Ill. 2d 311, 331 (2010) (“If it is easier to dispose of an ineffective assistance claim on the ground that it lacks sufficient prejudice, then a court may proceed directly to the second prong and need not determine whether counsel’s performance was deficient.” (citing Strickland, 466 U.S. at 697 )). ¶ 57 “With respect to Strickland’s prejudice prong, ‘[a]n error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment.’” People v. Johnson, 2021 IL 126291, ¶ 54 (quot

2021People v. Givens, 237 Ill. 2d 311, 331 (2010). ¶ 54 With respect to Strickland’s prejudice prong, “[a]n error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment.” Strickland, 466 U.S. at 691 .

22
United States v. Morrisongreen
scotus · 1981 · cited in 5 Illinois opinions naming this issue, 2021–2026
2 sentences

2026“An error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment.” Strickland, 466 U.S. at 691 (citing United States v. Morrison, 449 U.S. 361, 364-65 (1981)).

2023“An error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment.” Strickland, 466 U.S. at 691 (citing United States v. Morrison, 449 U.S. 361 , 364–65 (1981)).

15
People v. Manninggreen
ill · 2011 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026“Matters of trial strategy are generally immune from claims of ineffective assistance of [trial] counsel.” (Internal quotation marks omitted.) People v. Manning, 241 Ill. 2d 319, 327 (2011). ¶ 29 “An error by [trial] counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment. *** Accordingly, any deficiencies in [trial] counsel’s performance must be prejudicial to the defense in order to constitute ineffective assistance under the Constitution.” Strickland, 466 U.S. at 691 - 92. “[D]efendant must

11
Harrington v. Richtergreen
scotus · 2011 · cited in 1 Illinois opinions naming this issue, 2026–2026
2 sentences

2026In assessing prejudice, “‘the question is not whether a court can be certain counsel’s performance had no effect on the outcome or whether it is possible a reasonable doubt might have been established if counsel acted differently.’” Id. (quoting Harrington v. Richter, 562 U.S. 86, 111 (2011)). “‘Instead, Strickland asks whether it is “reasonably likely” the result would have been different.’” Id. (quoting Harrington, 562 U.S. at 111 ).

2026In assessing prejudice, “‘the question is not whether a court can be certain counsel’s performance had no effect on the outcome or whether it is possible a reasonable doubt might have been established if counsel acted differently.’” Id. (quoting Harrington v. Richter, 562 U.S. 86, 111 (2011)). “‘Instead, Strickland asks whether it is “reasonably likely” the result would have been different.’” Id. (quoting Harrington, 562 U.S. at 111 ).

11
People v. Reidgreen
ill · 1997 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026People v. Bryant, 128 Ill. 2d 448, 458 (1989); People v. Reid, 179 Ill. 2d 297, 310 (1997). ¶ 88 “An error by [trial] counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment. *** Accordingly, any deficiencies in [trial] counsel’s performance must be prejudicial to the defense in order to constitute ineffective assistance under the Constitution.” Strickland, 466 U.S. at 691 - 92.

11
People v. Bryantgreen
ill · 1989 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026People v. Bryant, 128 Ill. 2d 448, 458 (1989); People v. Reid, 179 Ill. 2d 297, 310 (1997). ¶ 88 “An error by [trial] counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment. *** Accordingly, any deficiencies in [trial] counsel’s performance must be prejudicial to the defense in order to constitute ineffective assistance under the Constitution.” Strickland, 466 U.S. at 691 - 92.

11
People v. Evansgreen
ill · 1999 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025Strickland, 466 U.S. at 697 ; People v. Evans, 186 Ill. 2d 83, 93 (1999). “ ‘An error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment.’ ” Sanchez, 169 Ill. 2d at 487 (quoting Strickland, 466 U.S. at 691 ).

11
People v. Sanchezgreen
ill · 1996 · cited in 1 Illinois opinions naming this issue, 2025–2025
2 sentences

2025Strickland, 466 U.S. at 697 ; People v. Evans, 186 Ill. 2d 83, 93 (1999). “ ‘An error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment.’ ” Sanchez, 169 Ill. 2d at 487 (quoting Strickland, 466 U.S. at 691 ).

2025People v. Cherry, 2016 IL 118728, ¶ 30 (citing Strickland, 466 U.S. at 688, 694 ); see also Sanchez, 169 Ill. 2d at 487 (finding that an error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment). ¶ 41 For the foregoing reasons, the judgment of the circuit court of Kane County is affirmed. ¶ 42 Affirmed. - 16 -

11
People v. Cherrygreen
ill · 2016 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025People v. Cherry, 2016 IL 118728, ¶ 30 (citing Strickland, 466 U.S. at 688, 694 ); see also Sanchez, 169 Ill. 2d at 487 (finding that an error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment). ¶ 41 For the foregoing reasons, the judgment of the circuit court of Kane County is affirmed. ¶ 42 Affirmed. - 16 -

11
People v. Westgreen
ill · 1999 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021People v. West, 187 Ill. 2d 418, 432 (1999).

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 (14)

CaseCitedYears
People v. Jones green
illappct · 2020
1 sentence

2026“An error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment. *** Accordingly, any deficiencies in counsel’s performance must be prejudicial to the defense in order to constitute ineffective assistance under the Constitution.” Id. at 691-92 . ¶ 96 “When addressing a claim of plain error and an alternative claim of ineffective assistance of counsel, appellate courts first consider whether the defendant has established a clear or obvious error. ‘Absent a clear or obvious error ***, neith

12026–2026
People v. Hibbler green
illappct · 2019
1 sentence

2025People v. Hibbler, 2019 IL App (4th) 160897, ¶ 88 . “[I]f it is easier to dispose of an ineffective-assistance claim on the ground that it lacks a showing of sufficient prejudice, a court may proceed directly to Strickland’s prejudice prong and need not determine whether counsel’s performance was deficient.” People v. Johnson, 2021 IL 126291, ¶ 53 . “ ‘[A]n error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment.’ ” People v. Johnson, 2021 IL 126291, ¶ 54 (quoting Strickland, 466 U.S.

12025–2025
People v. Lewis green
ill · 2022
1 sentence

2023People v. Lewis, 2022 IL 126705, ¶ 46 .

12023–2023
People v. Carwell green
illappct · 2022
1 sentence

2022Rather, “[t]he defendant must show that - 11 - 2022 IL App (2d) 200495 there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.

12022–2022
People v. Hale green
ill · 2013
1 sentence

2022“An error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment.” Id. at 691 (citing United States v. Morrison, 449 U.S. 361 , 364–65 (1981)). ¶ 66 Barrier’s statements could not change the outcome on retrial nor do they undermine our confidence in the outcome of the proceedings.

12022–2022
People v. Domagala green
ill · 2013
1 sentence

2021Specifically, the defendant must show that “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” (Internal quotation marks omitted.) People v. Domagala, 2013 IL 113688, ¶ 36 .

12021–2021
People v. Kubat green
ill · 1986
1 sentence

2020As the Court explained in Strickland, “any deficiencies in counsel's performance must be prejudicial to the defense in order to constitute ineffective assistance under the Constitution,” as “[a]n error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment.” Id. at 691–92. ¶ 37 Defendant argues that “[a]dmitting Diego’s positive GSR test could have ‘alter[ed] the entire evidentiary picture’ and potentially changed counsel’s theory of defense *** particularly because a police officer at tri

12020–2020
People v. Thurman green
illappct · 1988
1 sentence

1994App. 3d 996, 1004 , 523 N.E.2d 1184 .) "An error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment.” Strickland, 466 U.S. at 691 , 80 L.

11994–1994
Melrose Distillers, Inc. v. United States green
scotus · 1959
1 sentence

1987Ed. 2d 800, 802-03 , 79 S. Ct. 763, 765 , (use of term “proceeding” which includes criminal prosecutions is consistent with its normal construction); Black’s Law Dictionary 1083-85, 1099 (5th ed. 1979) (definitions of the words “proceeding,” “process” (under which “civil and criminal proceedings” are referred to), and “prosecution” (in which word “proceeding” is used)).) The point on which the parties disagree is whether the criminal proceeding at bar was “pending” at the time defendant was dissolved.

11987–1987
People v. Royse green
ill · 1983
2 sentences

1985(People v. Royse (1983), 99 Ill. 2d 163 , 457 N.E.2d 1217 .) The purpose of the sixth amendment guarantee of counsel is to ensure that a defendant has the assistance necessary to justify reliance on the outcome of the proceeding, and an error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment. {Strickland v. Washington (1984), 466 U.S. 668 , 80 L.

1985(People v. Royse (1983), 99 Ill. 2d 163 , 457 N.E.2d 1217 .) The purpose of the sixth amendment guarantee of counsel is to ensure that a defendant has the assistance necessary to justify reliance on the outcome of the proceeding, and an error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment. {Strickland v. Washington (1984), 466 U.S. 668 , 80 L.

11985–1985
Northwestern University v. City of Evanston green
illappct · 1977
2 sentences

1981Although the rules of evidence are more casual in an administrative adjudication (Northwestern University v. City of Evanston (1977), 55 Ill.

1981Although the rules of evidence are more casual in an administrative adjudication ( Northwestern University v. City of Evanston (1977), 55 Ill.

11981–1981
State v. Summers green
moctapp · 1972
1 sentence

1979In State v. Summers, the court stated the rationale as follows: “In a criminal case it would be a denial of justice to refuse a defendant his motion to have blood tests made of a mother and her child in a proceeding where he is accused by the mother of failure to support the child and in which the question of paternity is an essential element, while at the same time granting him that right in a civil action in which paternity is an issue and the mother seeks a money judgment for non-support of an illegitimate child.” 489 S.W.2d 225, 229 .

11979–1979
People Ex Rel. Mathis v. Brown green
illappct · 1976
1 sentence

1979App. 3d 783 , 358 N.E.2d 1160 ), while in a criminal proceeding the standard is proof beyond a reasonable doubt.

11979–1979
City of Chicago v. Chicago Area Military Project green
pawd · 1975
1 sentence

1977Ed. 2d 483 , 95 S. Ct. 1999 , our Supreme Court held “that Rule 402 is not applicable to probation revocation proceedings.” Although Beard was a criminal proceeding the rule is applicable here.

11977–1977

Statutes the citing opinions construe

IL § 720 ILCS 5/9-1 (10) IL § 725 ILCS 5/122-1 (9) IL § 720 ILCS 5/8-4 (4) IL § 720 ILCS 5/11-1.40 (3) IL § 720 ILCS 5/24-1.1 (3) IL § 720 ILCS 570/401 (3) IL § 725 ILCS 5/119-5 (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

OH 214 (1989–2026) TN 59 (1999–2022) IL 59 (1977–2026) TX 23 (1984–2022) GA 21 (1962–2022) AL 19 (1984–2013) UT 19 (2007–2026) NJ 19 (1952–2025) LA 18 (1986–2025) NY 16 (1957–2024) MO 12 (1989–2021) MI 11 (1973–2026) WA 10 (1994–2024) MD 9 (1975–2020) CT 8 (1991–2024) FL 8 (1978–2009) PA 7 (1974–2016) CA 7 (1975–2025) VA 6 (1988–2014) IA 6 (1985–2017) ID 6 (1992–2024) SD 5 (1988–2023) WV 5 (2010–2021) WI 4 (1994–2019) OR 4 (1985–2001) MT 4 (2001–2019) KY 4 (2008–2025) CO 4 (1981–2025) SC 4 (2010–2016) DE 4 (2011–2021) NE 3 (1984–1995) MS 3 (1986–2001) OK 2 (1984–2006) AZ 2 (1984–1984) DC 2 (2001–2004) MA 2 (1992–2014) ME 2 (1997–2001) NV 2 (1993–1996) RI 2 (1993–2010)

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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