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7 Illinois opinions name it 2 courts 2021–2025 7 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.
| Case | Followed | Cited |
|---|---|---|
People v. Colemangreen2 sentences2023Id. ¶ 28 The Martinez court also held that the Hobley rule was inconsistent with the Illinois Supreme Court’s more recent pronouncement in People v. Coleman, 2013 IL 113307 , that “a freestanding actual-innocence claim is independent of any claims of constitutional error at trial and focuses solely on a defendant’s factual innocence in light of new evidence.” (Emphasis added.) Id. ¶ 83. 2023Id. ¶ 28 The Martinez court also held that the Hobley rule was inconsistent with the Illinois Supreme Court’s more recent pronouncement in People v. Coleman, 2013 IL 113307 , that “a freestanding actual-innocence claim is independent of any claims of constitutional error at trial and focuses solely on a defendant’s factual innocence in light of new evidence.” (Emphasis added.) Id. ¶ 83. | 2 | 5 |
People v. Martinezgreen2 sentences2024Furthermore, the Hobley rule would potentially force a defendant to choose to forgo a meritorious claim of trial error in order to pursue an actual innocence claim.” Martinez, 2021 IL App (1st) 190490, ¶ 102 . ¶ 100 We agree with Martinez that Hobley, thusly interpreted, would represent an unprincipled modification of the law established in Washington. 2024Furthermore, the Hobley rule would potentially force a defendant to choose to forgo a meritorious claim of trial error in order to pursue an actual innocence claim.” Martinez, 2021 IL App (1st) 190490, ¶ 102 . ¶ 100 We agree with Martinez that Hobley, thusly interpreted, would represent an unprincipled modification of the law established in Washington. | 2 | 3 |
The People v. Rogersgreen1 sentence2025Id. at 465 (quoting People v. Rogers, 16 Ill. 2d 175, 182 (1959)). ¶ 104 The testimony sought by defendant from the jurors at the hearing on his motion for a new trial was much closer to the testimony sought by the Hobley defendant in the matter of the jury foreperson than the intimidation by nonjurors. | 1 | 1 |
People v. Orangegreen1 sentence2024This so-called “Hobley rule” has been echoed explicitly only once by our supreme court, in People v. Orange, 195 Ill. 2d 437, 459-60 (2001). | 1 | 1 |
People v. Jacksongreen2 sentences2021Compare People v. Jackson, 2018 IL App (1st) 171773 , ¶ 71, aff’d on other grounds, 2021 IL 124818 (following Hobley), with Jackson, 2018 IL App (1st) 171773 , ¶¶ 118-19 (Mikva, J., dissenting) (disagreeing with the determination that the defendant’s freestanding actual innocence claim failed on the basis that “the evidence was not presented as a wholly independent basis establishing the defendant’s innocence but to supplement a due process claim” and stating that a freestanding actual innocence claim is “a decidedly good thing” that allows petitioners to bring claims even when they cannot dem 2021Compare People v. Jackson, 2018 IL App (1st) 171773 , ¶ 71, aff’d on other grounds, 2021 IL 124818 (following Hobley), with Jackson, 2018 IL App (1st) 171773 , ¶¶ 118-19 (Mikva, J., dissenting) (disagreeing with the determination that the defendant’s freestanding actual innocence claim failed on the basis that “the evidence was not presented as a wholly independent basis establishing the defendant’s innocence but to supplement a due process claim” and stating that a freestanding actual innocence claim is “a decidedly good thing” that allows petitioners to bring claims even when they cannot dem | 1 | 1 |
People v. Jacksongreen1 sentence2021Compare People v. Jackson, 2018 IL App (1st) 171773 , ¶ 71, aff’d on other grounds, 2021 IL 124818 (following Hobley), with Jackson, 2018 IL App (1st) 171773 , ¶¶ 118-19 (Mikva, J., dissenting) (disagreeing with the determination that the defendant’s freestanding actual innocence claim failed on the basis that “the evidence was not presented as a wholly independent basis establishing the defendant’s innocence but to supplement a due process claim” and stating that a freestanding actual innocence claim is “a decidedly good thing” that allows petitioners to bring claims even when they cannot dem | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Hobley
green
2 sentences2025Id. at 465 (quoting People v. Rogers, 16 Ill. 2d 175, 182 (1959)). ¶ 104 The testimony sought by defendant from the jurors at the hearing on his motion for a new trial was much closer to the testimony sought by the Hobley defendant in the matter of the jury foreperson than the intimidation by nonjurors. 2024The Hobley defendant’s Brady claims were based on “two subpoenas; the affidavit of one of defendant’s post-conviction attorneys; the affidavit of a defense investigator; a lab report related to defendant’s case * * *; and several other police reports * * * including a fingerprint 29 No. 1-21-0907 report and report referencing a one-gallon can.” Id. at 429 . | 2 | 2024–2025 |
People v. Taliani
green
1 sentence2024The State 28 No. 1-21-0907 also cites the more recent case of People v. Taliani, 2021 IL 125891 , but that case reflects the original text of Washington and makes no holding with regard to the meaning of “freestanding,” nor does it mention Hobley. ¶ 96 Defendant argues that the State misapprehends the holdings of Hobley and Orange and, in fact, those cases were never intended to be read to forbid the alternative pleading of different constitutional violations based in separate legal theories, but the same evidence. | 1 | 2024–2024 |
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.