non-frivolous claim (Illinois) · Go Syfert
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non-frivolous claim in Illinois

7 Illinois opinions name it 1 courts 2020–2024 4 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
People v. Riveragreen
ill · 2001 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024See People v. Rivera, 198 Ill. 2d 364, 371 (2001) (no partial summary dismissals).

11
People v. Beamangreen
ill · 2008 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022People v. Beaman, 229 Ill. 2d 56, 71 (2008).

11
Larson v. Wexford Health Sourcesgreen
illappct · 2012 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021See Larson, 2012 IL App (1st) 112065, ¶ 27 .

11
People v. Eddmondsgreen
ill · 1991 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020People v. Eddmonds, 143 Ill. 2d 501, 510 (1991).

11
People v. LaPointegreen
ill · 2007 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020(West 2016); People v. LaPointe, 227 Ill. 2d 39, 43 (2007).

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 (4)

CaseCitedYears
People v. Savage green
illappct · 2020
1 sentence

2023Savage, 2020 IL App (1st) 173135 .

12023–2023
Brady v. Maryland green
scotus · 1963
1 sentence

2020On appeal, defendant argues that we should remand his successive postconviction petition for second-stage proceedings where he sufficiently established No. 1-17-1273 the cause and prejudice required to excuse his failure to include that information in his first postconviction petition, which was a non-frivolous claim that the State violated Brady v. Maryland, 373 U.S. 83 (1963), by failing to disclose that it did not charge a witness with possession of cocaine because she cooperated in defendant’s case.

12020–2020
People v. Hodges green
ill · 2009
2 sentences

2020“We review de novo the dismissal of a postconviction petition without an evidentiary hearing.” Id. ¶ 37 (citing Hodges, 234 Ill. 2d at 9 ). ¶ 36 Defendant asserts that his petition stated a non-frivolous claim that his trial counsel provided ineffective assistance.

2020“To prevail on a claim of ineffective assistance *** a defendant must show both that counsel’s performance ‘fell below an objective standard of reasonableness’ - 12 - No. 1-17-0005 and that the deficient performance prejudiced the defense. [Citation.] At the first stage of postconviction proceedings under the Act, a petition alleging ineffective assistance may not be summarily dismissed if (i) it is arguable that counsel’s performance fell below an objective standard of reasonableness and (ii) it is arguable that the defendant was prejudiced.” Hodges, 234 Ill. 2d at 17 . ¶ 37 On appeal, the so

12020–2020
People v. Rissley green
ill · 2003
1 sentence

2020“We review de novo the dismissal of a postconviction petition without an evidentiary hearing.” Id. ¶ 37 (citing Hodges, 234 Ill. 2d at 9 ). ¶ 36 Defendant asserts that his petition stated a non-frivolous claim that his trial counsel provided ineffective assistance.

12020–2020

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (5) IL § 725 ILCS 5/122-2 (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

CT 21 (1996–2001) PA 8 (1982–2018) ID 8 (2009–2019) IL 7 (2020–2024) TX 7 (2010–2017) FL 2 (1981–1981) WI 2 (2020–2020) CA 2 (2001–2009)

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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