clarification instruction (Illinois) · Go Syfert
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clarification instruction in Illinois

6 Illinois opinions name it 2 courts 1984–2021 2 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 (3)

CaseFollowedCited
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See People v. Cherry, 2016 IL 118728, ¶ 24 (holding that, to satisfy the two-pronged test established in Strickland v. Washington, 466 U.S. 668 (1984), a defendant must demonstrate ineffective assistance by showing that his counsel’s performance was deficient and that this deficient performance prejudiced the defense).

11
People v. Cherrygreen
ill · 2016 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See People v. Cherry, 2016 IL 118728, ¶ 24 (holding that, to satisfy the two-pronged test established in Strickland v. Washington, 466 U.S. 668 (1984), a defendant must demonstrate ineffective assistance by showing that his counsel’s performance was deficient and that this deficient performance prejudiced the defense).

11
People v. Dupreegreen
ill · 2018 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See People v. Dupree, 2018 IL 122307, ¶ 44 (to satisfy the deficient performance prong of Strickland, a defendant must show that his counsel’s performance was so inadequate that he was not functioning as the counsel guaranteed by the sixth amendment and, also, must overcome the strong presumption that any challenged action or inaction may have been the product of sound trial strategy). - 14 - ¶ 52 CONCLUSION ¶ 53 For the reasons set forth above, we affirm the judgment of the appellate court affirming defendant’s conviction and sentence. ¶ 54 Affirmed. ¶ 55 JUSTICE NEVILLE, dissenting: ¶ 56 Fol

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 (3)

CaseCitedYears
In Re Marriage of Stockton green
illappct · 2010
2 sentences

2021Id. ¶ 55 Toni posits, as she did at the clarification hearing, that the trial court could not say both that Steven proved a substantial change in circumstances and that the circumstances do not allow for a precise determination of Steven’s 2020 and 2021 income.

2021Id. ¶ 55 Toni posits, as she did at the clarification hearing, that the trial court could not say both that Steven proved a substantial change in circumstances and that the circumstances do not allow for a precise determination of Steven’s 2020 and 2021 income.

22021–2021
Daubert v. Merrell Dow Pharmaceuticals, Inc. green
scotus · 1993
2 sentences

2008Ed. 2d 469 , 113 S. Ct. 2786 (1993), because it constitutes a clarification of the standard for admission of scientific evidence.

2008Ed. 2d 469 , 113 S. Ct. 2786 (1993), because it constitutes a clarification of the standard for admission of scientific evidence.

22008–2008
Village of Wilsonville v. SCA Services, Inc. green
ill · 1981
1 sentence

1984It is true that “[without an express statutory provision stating an act is to have retroactive effect, it can only be applied prospectively.” (Village of Wilsonville v. SCA Services, Inc. (1981), 86 Ill. 2d 1, 18 .) Because we find that House Bill 1400 merely clarified the existing law, this proposition of law has no bearing on our determination of this issue.

11984–1984

Where else courts name it

CA 13 (1957–2025) OH 6 (1983–2025) IL 6 (1984–2021) TN 6 (2003–2015) TX 6 (2008–2021) FL 5 (1974–2018) PA 4 (1968–2025) MO 3 (1962–2010) LA 3 (1941–2018) NC 3 (1993–2026) MI 3 (1985–2024) NJ 2 (2019–2025) AZ 2 (1968–2009) WA 2 (1993–2012) OR 2 (1982–1998)

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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