Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 Illinois opinions name it 1 courts 2016–2025 4 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.
| Case | Followed | Cited |
|---|---|---|
People v. Landergreen2 sentences2017People v. Lander, 215 Ill. 2d 577, 583 (2005). 2016People v. Lander, 215 Ill. 2d 577, 583 (2005). | 2 | 2 |
People v. Pabellogreen1 sentence2025“It stands to reason that, if postconviction counsel’s assistance cannot be deemed ineffective under Strickland, it cannot be deemed unreasonable under the [Post- Conviction] Act.” Pabello, 2019 IL App (2d) 170867, ¶ 36 (citing Hotwagner, 2015 IL App (5th) 130525, ¶ 37 ). ¶ 41 The supreme court in People v. Addison, 2023 IL 127119, ¶ 38 , further recognized that an unreasonable assistance claim following a third stage evidentiary hearing is not governed by the same requirements as after a second stage dismissal. | 1 | 1 |
People v. Beasleygreen2 sentences2022“Absent a showing of available material for supporting affidavits, a failure to present affidavits obviously cannot be considered a neglect by the attorney.” People v. Stovall, 47 Ill. 2d 42, 46 , 264 N.E.2d 174, 176 (1970); see also People v. Beasley, 2017 IL App (4th) 150291, ¶ 40 , 85 N.E.3d 568 (rejecting the defendant’s unreasonable assistance claim, in part, because he failed to allege what additional supporting documentation his postconviction counsel could have attached to his petition to support his claim). ¶ 98 On appeal, defendant’s contentions that Propps should have presented more 2022“Absent a showing of available material for supporting affidavits, a failure to present affidavits obviously cannot be considered a neglect by the attorney.” People v. Stovall, 47 Ill. 2d 42, 46 , 264 N.E.2d 174, 176 (1970); see also People v. Beasley, 2017 IL App (4th) 150291, ¶ 40 , 85 N.E.3d 568 (rejecting the defendant’s unreasonable assistance claim, in part, because he failed to allege what additional supporting documentation his postconviction counsel could have attached to his petition to support his claim). ¶ 98 On appeal, defendant’s contentions that Propps should have presented more | 1 | 1 |
The PEOPLE v. Stovallgreen2 sentences2022“Absent a showing of available material for supporting affidavits, a failure to present affidavits obviously cannot be considered a neglect by the attorney.” People v. Stovall, 47 Ill. 2d 42, 46 , 264 N.E.2d 174, 176 (1970); see also People v. Beasley, 2017 IL App (4th) 150291, ¶ 40 , 85 N.E.3d 568 (rejecting the defendant’s unreasonable assistance claim, in part, because he failed to allege what additional supporting documentation his postconviction counsel could have attached to his petition to support his claim). ¶ 98 On appeal, defendant’s contentions that Propps should have presented more 2022“Absent a showing of available material for supporting affidavits, a failure to present affidavits obviously cannot be considered a neglect by the attorney.” People v. Stovall, 47 Ill. 2d 42, 46 , 264 N.E.2d 174, 176 (1970); see also People v. Beasley, 2017 IL App (4th) 150291, ¶ 40 , 85 N.E.3d 568 (rejecting the defendant’s unreasonable assistance claim, in part, because he failed to allege what additional supporting documentation his postconviction counsel could have attached to his petition to support his claim). ¶ 98 On appeal, defendant’s contentions that Propps should have presented more | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Hotwagner
green
1 sentence2025“It stands to reason that, if postconviction counsel’s assistance cannot be deemed ineffective under Strickland, it cannot be deemed unreasonable under the [Post- Conviction] Act.” Pabello, 2019 IL App (2d) 170867, ¶ 36 (citing Hotwagner, 2015 IL App (5th) 130525, ¶ 37 ). ¶ 41 The supreme court in People v. Addison, 2023 IL 127119, ¶ 38 , further recognized that an unreasonable assistance claim following a third stage evidentiary hearing is not governed by the same requirements as after a second stage dismissal. | 1 | 2025–2025 |
People v. Kirk
green
1 sentence2025The Delgado court, therefore, could address the unreasonable assistance claim because the claim underlying postconviction counsel’s deficient performance had been raised in the postconviction proceedings. - 10 - ¶ 29 Similarly, in People v. Kirk, 2012 IL App (1st) 101606, ¶ 36 , the court reversed the dismissal of the defendant’s postconviction petition where it determined postconviction counsel had been deficient for failing to amend the defendant’s pro se postconviction petition to include a claim of ineffective assistance of appellate counsel. | 1 | 2025–2025 |
People v. Addison
green
2 sentences2025“A comparison with cases considering unreasonable assistance claims at the third stage is illogical, as this court has not prescribed by 17 rule specific duties that counsel must perform at the third stage.” Id. 2025“It stands to reason that, if postconviction counsel’s assistance cannot be deemed ineffective under Strickland, it cannot be deemed unreasonable under the [Post- Conviction] Act.” Pabello, 2019 IL App (2d) 170867, ¶ 36 (citing Hotwagner, 2015 IL App (5th) 130525, ¶ 37 ). ¶ 41 The supreme court in People v. Addison, 2023 IL 127119, ¶ 38 , further recognized that an unreasonable assistance claim following a third stage evidentiary hearing is not governed by the same requirements as after a second stage dismissal. | 1 | 2025–2025 |
Strickland v. Washington
green
1 sentence2024The court noted that, under Strickland v. Washington, 466 U.S. 668 (1984), a defendant raising a constitutional claim of ineffective assistance of trial or appellate counsel must show both deficient performance and resultant prejudice. | 1 | 2024–2024 |
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.