defendant raises a colorable claim (Illinois) · Go Syfert
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defendant raises a colorable claim in Illinois

7 Illinois opinions name it 1 courts 2020–2024 5 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. Holmanred
ill · 2017 · cited in 3 Illinois opinions naming this issue, 2021–2024
2 sentences

2024Because the Act contemplates the filing of a -7- No. 1-22-1193 single petition (People v. Holman, 2017 IL 120655 , ¶ 25 (citing 725 ILCS 5/122-3 (West 2010))), leave to file a successive petition will only be granted if the defendant raises a colorable claim of actual innocence or alleges sufficient facts to satisfy the cause-and-prejudice test.

2021Because the Act contemplates the filing of a single petition (People v. Holman, 2017 IL 120655 , ¶ 25 (citing 725 ILCS 5/122-3 (West 2010)), leave to file a successive petition will only be granted if the defendant raises a colorable claim of actual innocence or alleges sufficient facts to satisfy the cause-and-prejudice test.

13

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. Edwards green
ill · 2012
2 sentences

2022Edwards, 2012 IL 111711, ¶¶ 22-23 ; 725 ILCS 5/122-1(f) (West 2016).

2020Edwards, 2012 IL 111711, ¶¶ 22-23 ; 725 ILCS 5/122- 1(f) (West 2016).

32020–2022
People v. Smith green
ill · 2014
2 sentences

2024Id. ¶ 26; People v. Smith, 2014 IL 115946, ¶ 34 .

2021Id. ¶ 26; People v. Smith, 2014 IL 115946, ¶ 34 .

22021–2024
Ittersagen v. Advocate Health and Hospitals Corp. green
ill · 2021
1 sentence

2024“Regardless of whether the objecting party alleges actual bias or implied bias, the juror’s relationship to the parties is a question of fact to be answered from the evidence, and the court’s finding regarding the relationship should not be reversed unless it is against the manifest weight of the evidence.” Ittersagen, 2021 IL 126507, ¶ 51 .

12024–2024

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (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.

Where else courts name it

GA 391 (2012–2026) IL 7 (2020–2024)

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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