silence defense (Illinois) · Go Syfert
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silence defense in Illinois

7 Illinois opinions name it 2 courts 1986–2025 3 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. Reedgreen
illappct · 2016 · cited in 2 Illinois opinions naming this issue, 2025–2025
2 sentences

2025People v. Reed, 2016 IL App (1st) 140498 , ¶ 7. ¶ 36 In Reed, as here, the defendant argued the trial court had failed to ensure his jury waiver was knowing and voluntary, asserting “the court did not question him on his understanding of that right or the ramifications of waiving it” or “advise him of the nature of a jury trial, the difference between a bench and a jury trial, or that a judge would decide the facts rather than a jury.” Id. ¶ 4.

2025Bracey, 213 Ill. 2d at 270 ; see Reed, 2016 IL App (1st) 140498 , ¶ 7 (A defendant’s silence when his defense counsel requests a bench trial may provide evidence that he knowingly relinquished his right to a jury trial.).

12

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 (6)

CaseCitedYears
People v. Buschauer green
illappct · 2025
1 sentence

2025Additionally, “[o]ne factor that provides evidence of a knowing waiver is the defendant’s silence when defense counsel requests a bench trial.” People v. Buschauer, 2025 IL App (1st) 232365, ¶ 35 . ¶ 38 Defendant acknowledges that he did not challenge the validity of his jury waiver in the trial court, but asks this court to review the issue under the plain error doctrine.

12025–2025
People v. Bracey green
ill · 2004
1 sentence

2025Bracey, 213 Ill. 2d at 270 ; see Reed, 2016 IL App (1st) 140498 , ¶ 7 (A defendant’s silence when his defense counsel requests a bench trial may provide evidence that he knowingly relinquished his right to a jury trial.).

12025–2025
Arizona v. Fulminante green
scotus · 1991
1 sentence

2012Id.

12012–2012
Doyle v. Ohio green
scotus · 1976
2 sentences

1990The defendant argues that the question was an impermissible comment upon the defendant’s silence in violation of Doyle v. Ohio (1976), 426 U.S. 610 , 49 L.

1990The defendant argues that the question was an impermissible comment upon the defendant’s silence in violation of Doyle v. Ohio (1976), 426 U.S. 610 , 49 L.

11990–1990
People v. Kubat green
ill · 1986
1 sentence

1986The supposed strategic judgment, which the majority is "unable to say [was] * * * unreasonable" ( 114 Ill.2d at 438 ), has as its foundation the novel theory that the stronger the opponent's case, the less counsel should do in trying to rebut it.

11986–1986
People v. Ramirez green
ill · 1983
1 sentence

1986This court remanded for a new sentencing hearing and to determine the sentence to be imposed on the attempted-armed-robbery conviction (the record indicated that no sentence had been imposed on that conviction). 98 Ill. 2d 439, 473 .

11986–1986

Where else courts name it

CA 8 (1981–2026) IL 7 (1986–2025) NY 6 (1986–2021) WA 5 (2002–2012) MS 4 (1990–2004) CT 4 (2010–2022) PA 3 (1971–2022) TX 3 (1962–2019) AZ 2 (1976–2015) IN 2 (2010–2017) MD 2 (2003–2015) NH 2 (1999–2001) NM 2 (2019–2019) RI 2 (1999–1999)

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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