defendant has rebutted presumption (Illinois) · Go Syfert
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defendant has rebutted presumption in Illinois

6 Illinois opinions name it 1 courts 1980–2024 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 (2)

CaseFollowedCited
People v. Addisongreen
ill · 2023 · cited in 2 Illinois opinions naming this issue, 2023–2024
2 sentences

2024People v. Nesbitt, 2023 IL App (1st) 211301, ¶ 42 ; see also People v. Bolden, 2024 IL App (1st) 171479 -UB, ¶¶ 37, 43-44 (holding that the merits of pro se claims are relevant in determining whether a defendant has rebutted the presumption of reasonable assistance and distinguishing Addison, 2023 IL 127119 ); Ill. S. Ct. R. 23(e)(1) (eff.

2023Addison, 2023 IL 127119, ¶ 34 .

12
People v. Profitgreen
illappct · 2012 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023Profit, 2012 IL App (1st) 101307, ¶¶ 19, 23 .

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 (6)

CaseCitedYears
People v. Macias green
illappct · 2015
2 sentences

2016A reviewing court decides de novo (People v. Hale, 2013 IL 113140, ¶ 15 , 996 N.E.2d 607 ; People v. Morris, 2013 IL App (1st) 111251, ¶ 116 , 997 N.E.2d 847 ) whether a defendant has rebutted the presumption that refraining from objecting could be considered, under the circumstances, to be a sound trial strategy (People v. Macias, 2015 IL App (1st) 132039, ¶ 82 , 36 N.E.3d 373 ). ¶ 117 A logical preliminary question would be whether the statements Johnny Price, Matthew Price, and Renee Strohl made to the police were indeed objectionable under the rules of evidence, since professionally reason

2016A reviewing court decides de novo (People v. Hale, 2013 IL 113140, ¶ 15 , 996 N.E.2d 607 ; People v. Morris, 2013 IL App (1st) 111251, ¶ 116 , 997 N.E.2d 847 ) whether a defendant has rebutted the presumption that refraining from objecting could be considered, under the circumstances, to be a sound trial strategy (People v. Macias, 2015 IL App (1st) 132039, ¶ 82 , 36 N.E.3d 373 ). ¶ 117 A logical preliminary question would be whether the statements Johnny Price, Matthew Price, and Renee Strohl made to the police were indeed objectionable under the rules of evidence, since professionally reason

22016–2016
People v. Nieves green
ill · 2000
2 sentences

2016See People v. Nieves, 193 Ill. 2d 513, 527 , 739 N.E.2d 1277, 1284 (2000) (no ineffective assistance if "any objection *** would rightfully have been overruled").

2016See People v. Nieves, 193 Ill. 2d 513, 527 , 739 N.E.2d 1277, 1284 (2000) (no ineffective assistance if "any objection *** would rightfully have been overruled").

22016–2016
People v. Morris green
illappct · 2013
2 sentences

2016A reviewing court decides de novo (People v. Hale, 2013 IL 113140, ¶ 15 , 996 N.E.2d 607 ; People v. Morris, 2013 IL App (1st) 111251, ¶ 116 , 997 N.E.2d 847 ) whether a defendant has rebutted the presumption that refraining from objecting could be considered, under the circumstances, to be a sound trial strategy (People v. Macias, 2015 IL App (1st) 132039, ¶ 82 , 36 N.E.3d 373 ). ¶ 117 A logical preliminary question would be whether the statements Johnny Price, Matthew Price, and Renee Strohl made to the police were indeed objectionable under the rules of evidence, since professionally reason

2016A reviewing court decides de novo (People v. Hale, 2013 IL 113140, ¶ 15 , 996 N.E.2d 607 ; People v. Morris, 2013 IL App (1st) 111251, ¶ 116 , 997 N.E.2d 847 ) whether a defendant has rebutted the presumption that refraining from objecting could be considered, under the circumstances, to be a sound trial strategy (People v. Macias, 2015 IL App (1st) 132039, ¶ 82 , 36 N.E.3d 373 ). ¶ 117 A logical preliminary question would be whether the statements Johnny Price, Matthew Price, and Renee Strohl made to the police were indeed objectionable under the rules of evidence, since professionally reason

22016–2016
People v. Hale green
ill · 2013
2 sentences

2016A reviewing court decides de novo (People v. Hale, 2013 IL 113140, ¶ 15 , 996 N.E.2d 607 ; People v. Morris, 2013 IL App (1st) 111251, ¶ 116 , 997 N.E.2d 847 ) whether a defendant has rebutted the presumption that refraining from objecting could be considered, under the circumstances, to be a sound trial strategy (People v. Macias, 2015 IL App (1st) 132039, ¶ 82 , 36 N.E.3d 373 ). ¶ 117 A logical preliminary question would be whether the statements Johnny Price, Matthew Price, and Renee Strohl made to the police were indeed objectionable under the rules of evidence, since professionally reason

2016A reviewing court decides de novo (People v. Hale, 2013 IL 113140, ¶ 15 , 996 N.E.2d 607 ; People v. Morris, 2013 IL App (1st) 111251, ¶ 116 , 997 N.E.2d 847 ) whether a defendant has rebutted the presumption that refraining from objecting could be considered, under the circumstances, to be a sound trial strategy (People v. Macias, 2015 IL App (1st) 132039, ¶ 82 , 36 N.E.3d 373 ). ¶ 117 A logical preliminary question would be whether the statements Johnny Price, Matthew Price, and Renee Strohl made to the police were indeed objectionable under the rules of evidence, since professionally reason

22016–2016
People v. Nesbitt green
illappct · 2023
1 sentence

2024People v. Nesbitt, 2023 IL App (1st) 211301, ¶ 42 ; see also People v. Bolden, 2024 IL App (1st) 171479 -UB, ¶¶ 37, 43-44 (holding that the merits of pro se claims are relevant in determining whether a defendant has rebutted the presumption of reasonable assistance and distinguishing Addison, 2023 IL 127119 ); Ill. S. Ct. R. 23(e)(1) (eff.

12024–2024
People v. Martin green
illappct · 1980
1 sentence

1980(People v. Martin (1980), 87 Ill.

11980–1980

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (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

IL 6 (1980–2024) WI 4 (2009–2023)

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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