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7 Illinois opinions name it 1 courts 2011–2023 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.
| Case | Followed | Cited |
|---|---|---|
People v. Nowickigreen1 sentence2023People v. Nowicki, 385 Ill. App. 3d 53, 81 (2008). ¶ 51 At the outset, the State argues that Mr. Ortega’s claim for ineffective assistance must fail because trial counsel raised theories of self-defense and second degree murder, and, moreover, the evidence did not support a finding of guilt for involuntary manslaughter. ¶ 52 The record reflects that Mr. Ortega raised the affirmative defense of self-defense during discovery. | 1 | 1 |
People v. Ortegagreen2 sentences2023See id. at 369 . 2023See id. at 369 . | 1 | 1 |
People v. Saulsberrygreen1 sentence2023See People v. Saulsberry, 2021 IL App (2d) 181027, ¶ 96 . ¶ 55 In sum, the evidence was sufficient to prove Mr. Ortega intentionally or knowingly shot Mr. Montclaire to support the guilty finding for first degree murder, and Mr. Ortega’s claim for ineffective assistance of counsel fails for lack of prejudice. | 1 | 1 |
Jackson v. Virginiared2 sentences2023When a court reviews a challenge to the sufficiency of the evidence, the question is “whether, after viewing the 3 Curiously, Hill argues the Ortega factors, but because his counsel was not disqualified, those factors have no application to his case. - 10 - evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” (Emphasis in original.) Jackson v. Virginia, 443 U.S. 307, 319 (1979). 2023When a court reviews a challenge to the sufficiency of the evidence, the question is “whether, after viewing the 3 Curiously, Hill argues the Ortega factors, but because his counsel was not disqualified, those factors have no application to his case. - 10 - evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” (Emphasis in original.) Jackson v. Virginia, 443 U.S. 307, 319 (1979). | 1 | 1 |
People v. Holmesgreen2 sentences2013The court recognized a presumption in favor of defendant’s counsel (Holmes, 141 Ill. 2d 204 ), but applied the Ortega factors to find that the presumption in favor of preferred counsel was outweighed by the risk of a potential conflict. 2013The court recognized a presumption in favor of defendant’s counsel (Holmes, 141 Ill. 2d 204 ), but applied the Ortega factors to find that the presumption in favor of preferred counsel was outweighed by the risk of a potential conflict. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Burnette v. Terrell
green
2 sentences2011As a threshold matter, defendant cites to Burnette v. Terrell, 232 Ill. 2d 522 (2009), in support of his assertion that the trial court failed to appropriately consider the aforementioned Ortega factors. 2011As a threshold matter, defendant cites to Burnette v. Terrell, 232 Ill. 2d 522 (2009), in support of his assertion that the trial court failed to appropriately consider the aforementioned Ortega factors. | 2 | 2011–2011 |
People v. Cotto
green
1 sentence2021People v. Cotto, 2016 IL 119006, ¶ 29 . | 1 | 2021–2021 |
Roe v. Flores-Ortega
green
2 sentences2021In making this determination, “we must take into account all the information counsel knew or should have known.” Id. ¶ 36 For certain, defense counsel knew that petitioner had pled guilty in exchange for an aggregate 30-year sentence, after facing a possible death sentence. 2021Thus, defendant cannot meet the first part of the Flores– Ortega test. ¶ 35 The second part of the Flores-Ortega test requires us to determine whether “there is reason to think * * * that this particular defendant reasonably demonstrated to counsel that he was interested in appealing.” Id. | 1 | 2021–2021 |
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.