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43 Illinois opinions name it 2 courts 1998–2024 17 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. Dupreegreen2 sentences2022If such a showing is made, the postconviction petition advances to the third stage where the court conducts an evidentiary hearing. 725 ILCS 5/122-6 (West 2018). ¶ 18 At the second stage, “ ‘[t]he inquiry into whether a post-conviction petition contains sufficient allegations of constitutional deprivations does not require the [postconviction] court to -7- No. 1-20-0914 engage in any fact-finding or credibility determinations.’ ” Dupree, 2018 IL 122307, ¶ 29 (quoting People v. Coleman, 183 Ill. 2d 366, 385 (1998)). 2022People v. Dupree, 2018 IL 122307, ¶ 29 . ¶ 40 If the court finds that a petition makes the requisite showing, the petition advances to the third stage of proceedings, where the court conducts an evidentiary hearing. | 3 | 4 |
People v. Colemangreen2 sentences2022If such a showing is made, the postconviction petition advances to the third stage where the court conducts an evidentiary hearing. 725 ILCS 5/122-6 (West 2018). ¶ 18 At the second stage, “ ‘[t]he inquiry into whether a post-conviction petition contains sufficient allegations of constitutional deprivations does not require the [postconviction] court to -7- No. 1-20-0914 engage in any fact-finding or credibility determinations.’ ” Dupree, 2018 IL 122307, ¶ 29 (quoting People v. Coleman, 183 Ill. 2d 366, 385 (1998)). 2022If such a showing is made, the postconviction petition advances to the third stage where the court conducts an evidentiary hearing. 725 ILCS 5/122-6 (West 2018). ¶ 16 At the second stage, “ ‘[t]he inquiry into whether a post-conviction petition contains sufficient allegations of constitutional deprivations does not require the [postconviction] court to engage in any fact-finding or credibility determinations.’ ” Dupree, 2018 IL 122307, ¶ 29 (quoting People v. Coleman, 183 Ill. 2d 366, 385 (1998)). | 3 | 3 |
People v. Tategreen2 sentences2021Id. 2021Id. | 2 | 4 |
People v. Papaleogreen2 sentences2020If such a showing is made, the postconviction petition advances to the third stage where the court conducts an evidentiary hearing. 725 ILCS 5/122–6 (West 2016). ¶ 12 A petition is frivolous or patently without merit if it “ ‘has no arguable basis *** in law or in fact.’ ” People v. Papaleo, 2016 IL App (1st) 150947, ¶ 19 (quoting Hodges, 234 Ill. 2d 1 , 11– 12 (2009)). 2020If such a showing is made, the postconviction petition advances to the third stage where the court conducts an evidentiary hearing. 725 ILCS 5/122–6 (West 2016). -3- No. 1-17-2848 ¶9 A petition is frivolous or patently without merit if it “ ‘has no arguable basis *** in law or in fact.’ “ People v. Papaleo, 2016 IL App (1st) 150947, ¶ 19 (quoting Hodges, 234 Ill. 2d 1 , 11– 12 (2009)). | 2 | 2 |
People v. Lemonsgreen2 sentences1998(West 1996); see People v. Lemons, 242 Ill. 1998(West 1996); see People v. Lemons , 242 Ill. | 2 | 2 |
People v. Boclairgreen2 sentences2023If the petition is not dismissed at the second stage, it proceeds to the third stage, where the court conducts an evidentiary hearing on the merits of the petition. 725 ILCS 5/122-6 (West 2020); Boclair, 202 Ill. 2d at 100 . ¶ 32 However, there are limits on the number of times a defendant may avail himself of this statutory mechanism. 2012If such a showing is made, the petition proceeds to the third stage where the court conducts an evidentiary hearing on the merits of the petition. 725 ILCS 5/122-6 (West 2008); People v. Boclair, 202 Ill. 2d 89, 100 (2002). ¶ 18 In the case at bar, defendant’s petition proceeded to the second stage. | 1 | 6 |
People v. Edwardsgreen2 sentences2015If the petition fails to make a substantial showing of a constitutional violation, it is dismissed, but if such a showing is made, the petition advances to the third stage, where the court conducts an evidentiary hearing. 725 ILCS 5/122-6 (West 2012); Edwards, 197 Ill. 2d at 246 , 757 N.E.2d at 446 . 2015If the petition fails to make a substantial showing of a constitutional violation, it is dismissed, but if such a showing is made, the petition advances to the third stage, where the court conducts an evidentiary hearing. 725 ILCS 5/122-6 (West 2012); Edwards, 197 Ill. 2d at 246 , 757 N.E.2d at 446 . | 1 | 3 |
People v. Childressgreen1 sentence2020Although the defendant “bears the burden of making a substantial showing of a constitutional violation” (id.), a second- stage inquiry into “whether a post-conviction petition contains sufficient allegations of constitutional deprivations does not require the trial court to engage in any fact-finding or credibility determinations” (People v. Childress, 191 Ill. 2d 168, 174 (2000)). | 1 | 1 |
People v. Pendletongreen1 sentence2020People v. Pendleton, 223 Ill. 2d 458, 473 (2006). | 1 | 1 |
People v. Starksgreen2 sentences2008People v. Starks, 365 Ill. 2008People v. Starks, 365 Ill. | 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. Turner
green
2 sentences2021At the second stage, the State has the option to either answer or move to dismiss the petition. [Citation.] The trial court then determines whether the petition alleges a ‘substantial showing of a constitutional violation.’ [Citation.] *** If the allegations in the petition, supported by the record and accompanying affidavits, demonstrate a substantial violation of a constitutional right, the petition proceeds to the third stage, at which point the court conducts an evidentiary hearing. [Citation.] A defendant is not entitled to an evidentiary hearing as a matter of right [citation], but rathe 2014"If the allegations in the petition *** demonstrate a substantial violation of a constitutional right, the petition proceeds to the third stage, at which point the court conducts an evidentiary hearing." Turner, 2012 IL App (2d) 100819, ¶ 20 . | 4 | 2014–2022 |
People v. Bailey
green
2 sentences2022Bailey, 2017 IL 121450, ¶ 18 . 2020Id. | 3 | 2020–2022 |
People v. Waldrop
green
2 sentences2017“An evidentiary hearing will be held only where the allegations of the postconviction petition make a substantial showing that the defendant’s constitutional rights have been violated and the petition is supported by affidavits, records, or other evidence or explains why these items are not attached.” People v. Waldrop, 353 Ill. 2017“An evidentiary hearing will be held only where the allegations of the postconviction petition make a substantial showing that the defendant’s constitutional rights have been violated and the petition is supported by affidavits, records, or other evidence or explains why these items are not attached.” People v. Waldrop, 353 Ill. | 3 | 2009–2017 |
People v. Graham
neutral
2 sentences2023If such a showing is made, the postconviction petition advances to the third stage where the court conducts an evidentiary hearing. 725 ILCS 5/122-6 (West 2018). -8- No. 1-20-0914 ¶ 21 “At the second stage of postconviction proceedings, the State may file a motion to dismiss the petition.” People v. Graham, 2012 IL App (1st) 102351, ¶ 31 . 2021“At the second stage -6- No. 1-20-1065 of postconviction proceedings, the State may file a motion to dismiss the petition and the postconviction court must determine whether the petition and any accompanying documents make a substantial showing of a constitutional violation.” People v. Graham, 2012 IL App (1st) 102351, ¶ 31 . | 2 | 2021–2023 |
People v. Custer
green
2 sentences2021It involves the following three-stage process: “At the first stage, the circuit court determines whether the petition is ‘frivolous or is patently without merit.’ [Citation] If the petition is not dismissed at the first stage, it advances to the second stage, where the court may appoint counsel for an indigent -5- defendant and the State may file responsive pleadings. [Citations.] If the petition makes a substantial showing of a constitutional violation, the petition proceeds to the third stage, where the court conducts an evidentiary hearing. [Citation.]” Id. ¶ 45 (citing 725 ILCS 5/122-2.1(a 2021Proceedings under the Act are divided into the following three stages: “At the first stage, the circuit court determines whether the petition is frivolous or is patently without merit. [Citation.] If the petition is not dismissed at the first stage, it advances to the second stage, where the court may appoint counsel for an indigent defendant and the State may file responsive pleadings. [Citations.] If the petition makes a substantial showing of a constitutional violation, the petition proceeds to the third stage, where the court conducts an evidentiary hearing.” (Internal quotation marks omit | 2 | 2021–2021 |
People v. Hodges
green
2 sentences2020If such a showing is made, the postconviction petition advances to the third stage where the court conducts an evidentiary hearing. 725 ILCS 5/122–6 (West 2016). ¶ 12 A petition is frivolous or patently without merit if it “ ‘has no arguable basis *** in law or in fact.’ ” People v. Papaleo, 2016 IL App (1st) 150947, ¶ 19 (quoting Hodges, 234 Ill. 2d 1 , 11– 12 (2009)). 2020If such a showing is made, the postconviction petition advances to the third stage where the court conducts an evidentiary hearing. 725 ILCS 5/122–6 (West 2016). -3- No. 1-17-2848 ¶9 A petition is frivolous or patently without merit if it “ ‘has no arguable basis *** in law or in fact.’ “ People v. Papaleo, 2016 IL App (1st) 150947, ¶ 19 (quoting Hodges, 234 Ill. 2d 1 , 11– 12 (2009)). | 2 | 2020–2020 |
People v. Harris
green
2 sentences2020Id. § 122-6; see People v. Tate, 2012 IL 112214, ¶¶ 9-10 ; Harris, 224 Ill. 2d at 125-26 . 2019Id. § 122-6; see People v. Tate, 2012 IL 112214, ¶¶ 9-10 ; Harris, 224 Ill. 2d at 125-26 . | 2 | 2019–2020 |
People v. Phyfiher
green
2 sentences2012Phyfiher, 361 Ill. 2011Phyfiher, 361 Ill.App.3d at 883-84 , 297 Ill.Dec. 694 , 838 N.E.2d at 184 . ¶ 19 We review the trial court's decision following a third-stage evidentiary hearing under the manifestly erroneous standard. | 2 | 2011–2012 |
People v. Gallano
green
1 sentence2024Johnson, 2018 IL 122227, ¶ 15 , People v. Gallano, 2019 IL App (1st) 160570, ¶ 23 . ¶ 32 The Act contemplates the filing of only one petition. | 1 | 2024–2024 |
People v. Johnson
green
1 sentence2024Johnson, 2018 IL 122227, ¶ 15 , People v. Gallano, 2019 IL App (1st) 160570, ¶ 23 . ¶ 32 The Act contemplates the filing of only one petition. | 1 | 2024–2024 |
People v. Lesley
green
1 sentence2021Id. ¶ 15 “[T]he intent of the Act is that, in the second and third stage postconviction proceedings, defendants are afforded the advantages of representation.” People v. Lesley, 2018 IL 122100 , ¶ 33. | 1 | 2021–2021 |
People v. Pabello
green
1 sentence2021At the third stage of postconviction proceedings, the court conducts an evidentiary hearing on the petition. 725 ILCS 5/122-6 (West 2018); People v. Pabello, 2019 IL App (2d) 170867, ¶ 20 . | 1 | 2021–2021 |
People v. Domagala
green
1 sentence2020If the petition fails to make a substantial showing of a constitutional violation, it is dismissed; if such a showing is made, the postconviction petition advances to the third stage where the court conducts an evidentiary hearing. 725 ILCS 5/122-6 (West 2012). ¶ 18 The “ ‘substantial showing’ of a constitutional violation that must be made at the second stage [citation] is a measure of the legal sufficiency of the petition’s well-pled allegations of a constitutional violation, which if proven at an evidentiary hearing, would entitle petitioner to relief.” (Emphasis in original.) People v. Dom | 1 | 2020–2020 |
People v. Gaultney
green
1 sentence2015If the petition is not dismissed or denied, the case advances to the third stage, where 16 the court conducts an evidentiary hearing. 725 ILCS 5/122-6 (West 2012); Gaultney, 174 Ill. 2d at 418 . | 1 | 2015–2015 |
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.
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.