Ayala claim (Illinois) · Go Syfert
← Illinois issues

Ayala claim in Illinois

7 Illinois opinions name it 2 courts 1990–2025 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 (5)

CaseFollowedCited
Costa v. Olivengreen
illappct · 2006 · cited in 4 Illinois opinions naming this issue, 2016–2017
2 sentences

2017Id. at 541-42 . ¶ 69 Hewitt’s rationale was also pivotal in Costa v. Oliven ( 365 Ill.

2016Id. at 541-42 . ¶ 69 Hewitt’s rationale was also pivotal in Costa v. Oliven ( 365 Ill.

44
People v. Brewergreen
illappct · 2013 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025See People v. Brewer, 2013 IL App (1st) 072821 , ¶ 55 (sentencing judge may consider nature and circumstances of offense and extent of each element of offense). ¶ 48 The trial court also appropriately considered Ayala’s criminal history as an aggravating factor as authorized by statute.

11
People v. Floresgreen
ill · 1992 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022See Flores, 153 Ill. 2d at 280 (attorney error short of ineffective assistance of counsel does not constitute cause). ¶ 165 For the reasons set forth above, we affirm the trial court’s denial of Ayala’s motion for leave to file a successive petition raising a youth-based sentencing claim under the proportionate penalties clause. ¶ 166 CONCLUSION ¶ 167 For the foregoing reasons, we reverse the trial court’s October 9, 2019, order dismissing defendants’ 2015 petitions, and remand for a third-stage evidentiary hearing at which, consistent with the limitations set forth in this opinion, defendants

11
People v. Domagalagreen
ill · 2013 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022See Domagala, 2013 IL 113688, ¶¶ 34-35 (evidentiary conflicts are to be resolved at third stage evidentiary hearing). ¶ 130 Accordingly, we find that both Soto and Ayala are entitled to a third-stage evidentiary hearing on their claim that trial counsel labored under a per se or actual conflict of interest. ¶ 131 V.

11
People v. Scottgreen
illappct · 1990 · cited in 1 Illinois opinions naming this issue, 1990–1990
1 sentence

1990(See, e.g., People v. Scott (1990), 194 Ill.

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 (1)

CaseCitedYears
Ayala v. Fox green
illappct · 1990
2 sentences

2017Id. at 541-42 . ¶ 69 Hewitt’s rationale was also pivotal in Costa v. Oliven ( 365 Ill.

2016Id. at 541-42 . ¶ 69 Hewitt’s rationale was also pivotal in Costa v. Oliven ( 365 Ill.

42016–2017

Statutes the citing opinions construe

IL § 225 ILCS 60/1 (4) IL § 40 ILCS 5/1-104.2 (4) IL § 720 ILCS 5/11-40 (4) IL § 735 ILCS 5/2-615 (4) IL § 750 ILCS 5/214 (4) IL § 750 ILCS 5/401 (4) IL § 750 ILCS 50/2 (4) IL § 750 ILCS 75/1 (4) IL § 750 ILCS 80/1 (4) IL § 750 ILCS 80/5 (4) IL § 755 ILCS 5/2-2 (4) IL § 805 ILCS 15/1 (4)

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

CA 8 (2017–2026) TX 7 (2006–2025) IL 7 (1990–2025) NY 4 (2000–2014) FL 2 (2008–2017)

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.

← Caselaw search · G Cite Topics · Brief Check