much higher standard (Illinois) · Go Syfert
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much higher standard in Illinois

6 Illinois opinions name it 2 courts 1982–2023 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. Murphygreen
ill · 1978 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See generally Strickland v. Washington, 466 U.S. 668 (1984). -5- ¶ 19 We note that, citing People v. Murphy, 72 Ill. 2d 421 (1978), the trial court’s order dismissed defendant’s petition under a long-repudiated framework, using a much higher standard for gauging trial counsel’s effectiveness, because defendant retained private counsel for trial.

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See generally Strickland v. Washington, 466 U.S. 668 (1984). -5- ¶ 19 We note that, citing People v. Murphy, 72 Ill. 2d 421 (1978), the trial court’s order dismissed defendant’s petition under a long-repudiated framework, using a much higher standard for gauging trial counsel’s effectiveness, because defendant retained private counsel for trial.

11
Schlup v. Delored
scotus · 1995 · cited in 1 Illinois opinions naming this issue, 2017–2017
1 sentence

2017“Stated differently, leave of court should be granted when the petitioner’s supporting documentation raises the probability that ‘it is more likely than not that no reasonable juror would have convicted him in the light of [this] new evidence’ (Schlup v. Delo, 513 U.S. 298, 327 (1995) (characterizing the threshold standard as one of probability)).” Edwards, 2012 IL 111711, ¶ 24 . “[M]ore likely than not” means a probability of only “more than 50%.” Perkey v. Portes-Jarol, 2013 IL App (2d) 120470, ¶ 65 . ¶ 139 With all due respect, I believe that the majority is applying a much higher standard.

11
In Re Marriage of Gustafsongreen
illappct · 1989 · cited in 1 Illinois opinions naming this issue, 1990–1990
1 sentence

1990Peterson, 112 Ill. 2d at 52 , 491 N.E.2d at 1152 ; In re Marriage of Gustafson (1989), 181 Ill.

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 (8)

CaseCitedYears
Citizens Utility Board v. Illinois Commerce Commission neutral
illappct · 2015
2 sentences

2015CUB filed a timely notice of appeal. ¶ 41 ANALYSIS - 14 - 2015 IL App (2d) 130817 ¶ 42 CUB’s first contention on appeal is that the Commission applied a much higher standard of proof than required under the Act, which rendered the Commission’s decision arbitrary and unlawful.

2015CUB filed a timely notice of appeal. ¶ 41 ANALYSIS - 14 - 2015 IL App (2d) 130817 ¶ 42 CUB’s first contention on appeal is that the Commission applied a much higher standard of proof than required under the Act, which rendered the Commission’s decision arbitrary and unlawful.

22015–2015
People v. Royse green
ill · 1983
1 sentence

2023As defendant’s reply brief notes, our supreme court abrogated this approach in People v. Royse, 99 Ill. 2d 163 (1983).

12023–2023
People v. Edwards green
ill · 2012
1 sentence

2017“Stated differently, leave of court should be granted when the petitioner’s supporting documentation raises the probability that ‘it is more likely than not that no reasonable juror would have convicted him in the light of [this] new evidence’ (Schlup v. Delo, 513 U.S. 298, 327 (1995) (characterizing the threshold standard as one of probability)).” Edwards, 2012 IL 111711, ¶ 24 . “[M]ore likely than not” means a probability of only “more than 50%.” Perkey v. Portes-Jarol, 2013 IL App (2d) 120470, ¶ 65 . ¶ 139 With all due respect, I believe that the majority is applying a much higher standard.

12017–2017
Perkey v. Portes-Jorol green
illappct · 2014
1 sentence

2017“Stated differently, leave of court should be granted when the petitioner’s supporting documentation raises the probability that ‘it is more likely than not that no reasonable juror would have convicted him in the light of [this] new evidence’ (Schlup v. Delo, 513 U.S. 298, 327 (1995) (characterizing the threshold standard as one of probability)).” Edwards, 2012 IL 111711, ¶ 24 . “[M]ore likely than not” means a probability of only “more than 50%.” Perkey v. Portes-Jarol, 2013 IL App (2d) 120470, ¶ 65 . ¶ 139 With all due respect, I believe that the majority is applying a much higher standard.

12017–2017
In Re Custody of Peterson green
ill · 1986
2 sentences

1990Peterson, 112 Ill. 2d at 52 , 491 N.E.2d at 1152 ; In re Marriage of Gustafson (1989), 181 Ill.

1990Peterson, 112 Ill. 2d at 52 , 491 N.E.2d at 1152 ; In re Marriage of Gustafson (1989), 181 Ill.

11990–1990
Elmore v. Johnson green
ill · 1892
2 sentences

1982It is a time-honored principle that all transactions occurring between attorney and client, while the relationship continues, must be subject to the closest scrutiny. ( Elmore v. Johnson (1892), 143 Ill. 513, 525 .) The measure of good faith which an attorney is required to exercise in all his dealings with his client is a much higher standard than is required when the parties deal with each other at arm's length.

1982(Elmore v. Johnson (1892), 143 Ill. 513, 525 .) The measure of good faith which an attorney is required to exercise in all his dealings with his client is a much higher standard than is required when the parties deal with each other at arm’s length.

11982–1982
In Re Melnick green
ill · 1943
2 sentences

1982Gaffney v. Harmon (1950), 405 Ill. 273, 277 ; In re Melnick (1943), 383 Ill. 200, 205 ; see also 7 Am.Jur.2d Attorneys at Law sec. 121 (1980).

1982Gaffney v. Harmon (1950), 405 Ill. 273, 277 ; In re Melnick (1943), 383 Ill. 200, 205 ; see also 7 Am.

11982–1982
Gaffney v. Harmon green
ill · 1950
2 sentences

1982Gaffney v. Harmon (1950), 405 Ill. 273, 277 ; In re Melnick (1943), 383 Ill. 200, 205 ; see also 7 Am.Jur.2d Attorneys at Law sec. 121 (1980).

1982Gaffney v. Harmon (1950), 405 Ill. 273, 277 ; In re Melnick (1943), 383 Ill. 200, 205 ; see also 7 Am.

11982–1982

Where else courts name it

TX 14 (1938–2026) FL 10 (1932–2022) IL 6 (1982–2023) MO 4 (1931–2012) OH 4 (1990–2019) NY 3 (1991–2017) CT 3 (1996–2001) PA 3 (1909–2014) ID 3 (2002–2018) KY 3 (2016–2025) TN 2 (2017–2018) OK 2 (1981–1981) NV 2 (1994–2022) CA 2 (2000–2026) MD 2 (2004–2017) MN 2 (1998–2006) WA 2 (2025–2026) HI 2 (2003–2018)

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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