fourth and fifth factors (Illinois) · Go Syfert
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fourth and fifth factors in Illinois

6 Illinois opinions name it 1 courts 2012–2026 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 (5)

CaseFollowedCited
People v. Burrellgreen
illappct · 1992 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026App. 3d at 920 ; Burrell, 228 Ill.

11
Blum v. Kostergreen
ill · 2009 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023Blum v. Koster, 235 Ill. 2d 21, 36 (2009); Maniscalco v. Porte Brown, LLC, 2018 IL App (1st) 180716, ¶ 29 . ¶ 59 Here, Gas Depot argues that, although defendants established the fourth and fifth factors— namely, diligence in seeking discovery and timeliness in objecting to the testimony or evidence, respectively—the remaining four factors weigh in its favor, and therefore sanctions were unwarranted.

11
People v. Simmonsgreen
illappct · 2016 · cited in 1 Illinois opinions naming this issue, 2019–2019
1 sentence

2019See id.; see also People v. Simmons, 2016 IL App (1st) 131300, ¶ 97-98 (calling period of one to two weeks between witnesses’ initial opportunities to view the offender and their initial identifications of the offender a “relatively short time” that weighed in favor of the State). -8- No. 1-17-2695 ¶ 24 In sum, after weighing the Biggers factors and viewing all of the evidence in the light most favorable to the State, we find that a rational trier of fact could conclude that defendant was the person who delivered cocaine to Lazzara. ¶ 25 Defendant nevertheless argues that the evidence was insu

11
In Re RMFgreen
illappct · 1995 · cited in 1 Illinois opinions naming this issue, 2012–2012
2 sentences

2012See generally In re Parentage of R.M.F., 275 Ill.App.3d 43, 47 , 211 Ill.Dec. 754 , 655 N.E.2d 1137 (1995) (recognizing that relevant considerations on the first factor include "the possibility of a higher paying job, better schools, and improved general opportunities"); Collingbourne, 204 Ill.2d at 528 , 274 Ill.Dec. 440 , 791 N.E.2d 532 (citing cases with approval for the proposition that the custodial parent should be afforded some deference in his or her determination as to what is in the best interests of his or her child). ¶ 28 With regard to the fourth and fifth factors, the circuit cou

2012See generally In re Parentage of R.M.F., 275 Ill.App.3d 43, 47 , 211 Ill.Dec. 754 , 655 N.E.2d 1137 (1995) (recognizing that relevant considerations on the first factor include "the possibility of a higher paying job, better schools, and improved general opportunities"); Collingbourne, 204 Ill.2d at 528 , 274 Ill.Dec. 440 , 791 N.E.2d 532 (citing cases with approval for the proposition that the custodial parent should be afforded some deference in his or her determination as to what is in the best interests of his or her child). ¶ 28 With regard to the fourth and fifth factors, the circuit cou

11
Taylor v. Jonesgreen
illappct · 1995 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012See generally In re Parentage of R.M.F., 275 Ill.App.3d 43, 47 , 211 Ill.Dec. 754 , 655 N.E.2d 1137 (1995) (recognizing that relevant considerations on the first factor include "the possibility of a higher paying job, better schools, and improved general opportunities"); Collingbourne, 204 Ill.2d at 528 , 274 Ill.Dec. 440 , 791 N.E.2d 532 (citing cases with approval for the proposition that the custodial parent should be afforded some deference in his or her determination as to what is in the best interests of his or her child). ¶ 28 With regard to the fourth and fifth factors, the circuit cou

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 (4)

CaseCitedYears
In Re Marriage of Collingbourne green
ill · 2003
2 sentences

2012See generally In re Parentage of R.M.F., 275 Ill.App.3d 43, 47 , 211 Ill.Dec. 754 , 655 N.E.2d 1137 (1995) (recognizing that relevant considerations on the first factor include "the possibility of a higher paying job, better schools, and improved general opportunities"); Collingbourne, 204 Ill.2d at 528 , 274 Ill.Dec. 440 , 791 N.E.2d 532 (citing cases with approval for the proposition that the custodial parent should be afforded some deference in his or her determination as to what is in the best interests of his or her child). ¶ 28 With regard to the fourth and fifth factors, the circuit cou

2012See generally In re Parentage of R.M.F., 275 Ill.App.3d 43, 47 , 211 Ill.Dec. 754 , 655 N.E.2d 1137 (1995) (recognizing that relevant considerations on the first factor include "the possibility of a higher paying job, better schools, and improved general opportunities"); Collingbourne, 204 Ill.2d at 528 , 274 Ill.Dec. 440 , 791 N.E.2d 532 (citing cases with approval for the proposition that the custodial parent should be afforded some deference in his or her determination as to what is in the best interests of his or her child). ¶ 28 With regard to the fourth and fifth factors, the circuit cou

22012–2012
People v. Tucker green
illappct · 2008
1 sentence

2026People v. Harrison, 2022 IL App (1st) 161172-U, ¶ 58 (new counsel did not stand ready, willing and able to appear when her appearance depended on multiple continuances). 16 No. 1-23-2494 ¶ 39 The fourth and fifth factors are whether defendant “has cooperated with current counsel; and the length of time defendant has been represented by current counsel.” Tucker, 382 Ill.

12026–2026
Maniscalco v. Porte Brown, LLC green
illappct · 2018
1 sentence

2023Blum v. Koster, 235 Ill. 2d 21, 36 (2009); Maniscalco v. Porte Brown, LLC, 2018 IL App (1st) 180716, ¶ 29 . ¶ 59 Here, Gas Depot argues that, although defendants established the fourth and fifth factors— namely, diligence in seeking discovery and timeliness in objecting to the testimony or evidence, respectively—the remaining four factors weigh in its favor, and therefore sanctions were unwarranted.

12023–2023
In re Marriage of Keegan green
illappct · 2022
1 sentence

2022Specifically, in 2014, he began seeking discovery relative to petitioner’s claimed medical condition; in 2015, his counsel tried to reschedule petitioner’s cancelled deposition and successfully moved the court to compel her deposition; he served petitioner an amended notice of deposition for December 21, 2015, in - 19 - 2022 IL App (2d) 190495 compliance with the court’s order; in 2016, he requested that petitioner execute medical releases, moved to compel petitioner’s production of medical documentation, and, ultimately, moved to bar petitioner from presenting any medical evidence at trial wh

12022–2022

Where else courts name it

TX 44 (2000–2025) MN 9 (1995–2024) IL 6 (2012–2026) CA 5 (2011–2015) OH 4 (1999–2018) WA 4 (1982–2019) MI 3 (2025–2025) OR 3 (2019–2026) VA 2 (2022–2023) MT 2 (2013–2013) PA 2 (2014–2023) MD 2 (1995–2010) TN 2 (2009–2020) AZ 2 (2007–2014)

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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