belated claim (Illinois) · Go Syfert
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belated claim in Illinois

6 Illinois opinions name it 1 courts 1920–2024 1 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 (4)

CaseFollowedCited
People v. Novakgreen
ill · 1994 · cited in 1 Illinois opinions naming this issue, 2014–2014
1 sentence

2014Id. ¶ 24. ¶ 35 We find the instant appeal indistinguishable from Avery, and thus conclude that the ruling in White does not apply retroactively to this case on collateral review and that defendant’s convictions and sentences must stand. -8- ¶ 36 Further, even if White was not a new rule of law, defendant’s argument would not succeed because he is estopped from raising a belated challenge to his plea agreement when the error was to his benefit. “[A] reviewing court ‘can sustain the decision of a lower court for any appropriate reason, regardless of whether the lower court relied on those ground

11
People v. Evansgreen
ill · 1996 · cited in 1 Illinois opinions naming this issue, 2014–2014
2 sentences

2014Id. ¶ 24. ¶ 35 We find the instant appeal indistinguishable from Avery, and thus conclude that the ruling in White does not apply retroactively to this case on collateral review and that defendant’s convictions and sentences must stand. -8- ¶ 36 Further, even if White was not a new rule of law, defendant’s argument would not succeed because he is estopped from raising a belated challenge to his plea agreement when the error was to his benefit. “[A] reviewing court ‘can sustain the decision of a lower court for any appropriate reason, regardless of whether the lower court relied on those ground

2014“Although plea agreements exist in the criminal justice structure, they are governed to some extent by contract law principles.” Evans, 174 Ill. 2d at 326 .

11
People v. Johnsongreen
ill · 2003 · cited in 1 Illinois opinions naming this issue, 2014–2014
1 sentence

2014Id. ¶ 24. ¶ 35 We find the instant appeal indistinguishable from Avery, and thus conclude that the ruling in White does not apply retroactively to this case on collateral review and that defendant’s convictions and sentences must stand. -8- ¶ 36 Further, even if White was not a new rule of law, defendant’s argument would not succeed because he is estopped from raising a belated challenge to his plea agreement when the error was to his benefit. “[A] reviewing court ‘can sustain the decision of a lower court for any appropriate reason, regardless of whether the lower court relied on those ground

11
Gillespie v. Chrysler Motors Corp.green
ill · 1990 · cited in 1 Illinois opinions naming this issue, 1995–1995
2 sentences

1995See Gillespie v. Chrysler Motors Corp. (1990), 135 Ill. 2d 363, 374-77 , 553 N.E.2d 291, 296-97 ; see also 3A C.

1995See Gillespie v. Chrysler Motors Corp. (1990), 135 Ill. 2d 363, 374-77 , 553 N.E.2d 291, 296-97 ; see also 3A C.

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 (5)

CaseCitedYears
Anundson v. City of Chicago green
ill · 1970
1 sentence

2024As in Anundson, 44 Ill. 2d at 497 , the facts here demonstrate that the Dungans acted “without undue delay” after determining that their objections “would be ineffectual.” Thus, their petition to intervene was timely filed. ¶ 32 Nonetheless, the City claims that the Dungans’ attempt to intervene were actually a belated challenge to the new zoning ordinance and the construction permits issued to Eggleston after they failed to seek timely administrative review.

12024–2024
People v. Kness green
illappct · 1996
1 sentence

1998Based on our careful review of the record, we cannot say that the trial court’s decision to authorize the administration of the medication was manifestly erroneous or that there was any error committed that was “clearly evident, plain, and undisputable.” Kness , 277 Ill.

11998–1998
Lopez v. United States green
scotus · 1963
1 sentence

1974This point was covered in Lopez v. United States (1963), 373 U.S. 427, 438 , where the court said: “We need not be long detained by the belated claim that Davis should not have been permitted to testify about the conversation of October 24.

11974–1974
Thorn v. Watson neutral
ill · 1848
1 sentence

1920Judy v. Kelley, 11 Ill. 211, 216 ; Thorn v. Watson, 10 Ill. 26 .

11920–1920
Judy v. Kelley green
· 1849
1 sentence

1920Judy v. Kelley, 11 Ill. 211, 216 ; Thorn v. Watson, 10 Ill. 26 .

11920–1920

Where else courts name it

NY 38 (1928–2025) CA 36 (1927–2025) TN 17 (1982–2021) FL 14 (1969–2023) NJ 11 (1971–2022) OR 10 (1958–2026) PA 8 (1930–2024) TX 8 (1932–2012) ME 7 (1960–2021) NE 7 (1953–2000) MD 6 (1960–2022) IN 6 (1968–2018) OH 6 (1957–2017) WA 6 (1984–2021) IL 6 (1920–2024) DC 5 (1987–2023) NV 4 (1980–1996) LA 4 (1964–2022) MS 4 (1977–2015) CO 3 (1992–2004) MO 3 (1972–2005) OK 3 (1970–1993) MT 3 (1985–1997) SC 3 (1993–2013) KS 3 (1905–2000) GA 3 (2007–2022) AZ 3 (2016–2025) IA 3 (1939–2011) VT 3 (2007–2007) CT 2 (1999–2000) RI 2 (1990–2019) MI 2 (1975–1992) MA 2 (1997–2024) NC 2 (1995–2014) MN 2 (1956–1987) UT 2 (2020–2021) WI 2 (2004–2009) NM 2 (1994–1994) SD 2 (2019–2019)

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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