43 Illinois opinions name it 2 courts 1991–2025 29 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. Stoeckergreen2 sentences2025See People v. Stoecker, 2020 IL 124807, ¶ 45 (“[C]ounsel’s failure to pursue a meritless claim cannot constitute deficient representation warranting remand.”). ¶ 77 III. 2024See People v. Stoecker, 2020 IL 124807, ¶ 45 (“counsel’s failure to pursue a meritless claim cannot constitute deficient representation warranting remand”); Williams, 2021 IL App 20 No. 1-22-1481 (3d) 190298, ¶ 26. | 6 | 6 |
People v. Greergreen2 sentences2024See People v. Hodges, 234 Ill. 2d 9 Section 2-1401 petitions based on DNA testing under section 116-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-3 (West 2018)) are not subject to the two-year statute of limitations placed on most section 2-1401 petitions (735 ILCS 5/2-1401(c) (West 2018)). 15 1, 16 (2009); People v. Greer, 212 Ill. 2d 192, 209 (2004). 2023See People v. Collins, 2021 IL App (1st) 170597, ¶ 38 (citing People v. Greer, 212 Ill. 2d 192, 205 (2004)). | 6 | 6 |
People v. Collinsgreen2 sentences2023See People v. Collins, 2021 IL App (1st) 170597, ¶ 38 (citing People v. Greer, 212 Ill. 2d 192, 205 (2004)). 2022See People v. Collins, 2021 IL App (1st) 170597, ¶ 38 (citing People v. Greer, 212 Ill. 2d 192, 205 (2004)). ¶ 15 Postconviction counsel’s filing of a Rule 651(c) certificate verifying that she took the statutorily required measures creates a rebuttable presumption of reasonable assistance. | 4 | 4 |
People v. Jonesgreen2 sentences2018However, where postconviction counsel is derelict in his or her duty to amend the pro se petition, remand is required " ' regardless of whether the claims raised in the petition had merit.' " (Emphasis in original.) People v. Jones , 2016 IL App (3d) 140094 , ¶ 33, 401 Ill.Dec. 778 , 50 N.E.3d 1260 (quoting Suarez , 224 Ill. 2d at 47 , 308 Ill.Dec. 774 , 862 N.E.2d 977 ). 2018However, where postconviction counsel is derelict in his or her duty to amend the pro se petition, remand is required " ' regardless of whether the claims raised in the petition had merit.' " (Emphasis in original.) People v. Jones , 2016 IL App (3d) 140094 , ¶ 33, 401 Ill.Dec. 778 , 50 N.E.3d 1260 (quoting Suarez , 224 Ill. 2d at 47 , 308 Ill.Dec. 774 , 862 N.E.2d 977 ). | 2 | 3 |
People v. Rogersgreen2 sentences2017People v. Rogers, 197 Ill. 2d 216, 223 (2001). 2015People v. Rogers, 197 Ill. 2d 216, 223 (2001). | 2 | 2 |
People Ex Rel. Sklodowski v. Stategreen2 sentences2014See Sklodowski, 182 Ill. 2d 220 ; McNamee, 173 Ill. 2d 433 ; Lindberg, 60 Ill. 2d 266 (considering whether there was a contractual right to funding based on the pension protection clause (Ill. 2014See Sklodowski, 182 Ill. 2d 220 , McNamee, 173 Ill. 2d 433 ; Lindberg, 60 Ill. 2d 266 (considering whether there was a contractual right to funding based on the pension protection clause (Ill. | 2 | 2 |
People v. Addisongreen2 sentences2025In what we glean as the court’s response to the State’s argument that postconviction counsel was not required to pursue a meritless claim of ineffective assistance of appellate counsel, our supreme court found, “We fail to see how it can be reasonable assistance of counsel for an attorney to identify claims worth pursuing but then fail to shape them into proper form.” Addison, 2023 IL 127119, ¶ 26 . 1 The Addison court rejected the State’s attempt to distinguish Turner, stating that our supreme court “was clear in Turner that the failure to allege ineffective assistance of appellate counsel wh 2025In what we glean as the court’s response to the State’s argument that postconviction counsel was not required to pursue a meritless claim of ineffective assistance of appellate counsel, our supreme court found, “We fail to see how it can be reasonable assistance of counsel for an attorney to identify claims worth pursuing but then fail to shape them into proper form.” Addison, 2023 IL 127119, ¶ 26 . 1 The Addison court rejected the State’s attempt to distinguish Turner, stating that our supreme court “was clear in Turner that the failure to allege ineffective assistance of appellate counsel wh | 1 | 2 |
People v. Hodgesgreen2 sentences2022See Hodges, 234 Ill. 2d at 17 . 2021Id. at 16 ; see also People v. Williams, 2015 IL App (1st) 131359, ¶ 31 (finding where “the record rebuts any potential claim of ineffective assistance of appellate counsel” that “the claim has no arguable basis in law”). ¶ 19 If any claim in the petition survives first-stage scrutiny, the entire petition is docketed for second-stage review. | 1 | 2 |
People v. Santosgreen2 sentences2017“Whether the failure to investigate constitutes ineffective assistance of counsel is determined by the value of the evidence not presented at trial and the closeness of the evidence that was presented at trial.” People v. Harmon, 2013 IL App (2d) 120439, ¶ 26 . ¶ 19 At defendant’s trial, the court determined that evidence of the victim’s positive chlamydia test results was barred under the Illinois rape shield statute, which “absolutely bars evidence of the alleged victim’s prior sexual activity or reputation, subject to two exceptions: (1) evidence of past sexual activities with the accused, 2017“Whether the failure to investigate constitutes ineffective assistance of counsel is determined by the value of the evidence not presented at trial and the closeness of the evidence that was presented at trial.” People v. Harmon, 2013 IL App (2d) 120439, ¶ 26 . ¶ 19 At defendant's trial, the court determined that evidence of the victim's positive chlamydia test results was barred under the Illinois rape shield statute, which “absolutely bars evidence of the alleged victim's prior sexual activity or reputation, subject to two exceptions: (1) evidence of 20 No. 1-15-0070 past sexual activities w | 1 | 2 |
McNamee v. Stategreen2 sentences2014See Sklodowski, 182 Ill. 2d 220 ; McNamee, 173 Ill. 2d 433 ; Lindberg, 60 Ill. 2d 266 (considering whether there was a contractual right to funding based on the pension protection clause (Ill. 2014See Sklodowski, 182 Ill. 2d 220 , McNamee, 173 Ill. 2d 433 ; Lindberg, 60 Ill. 2d 266 (considering whether there was a contractual right to funding based on the pension protection clause (Ill. | 1 | 2 |
People v. Browngreen1 sentence2025Brown, 2023 IL App (4th) 220573, ¶¶ 43, 50 . | 1 | 1 |
People v. Bewgreen1 sentence2024“Strickland requires actual prejudice be shown, not mere speculation as to prejudice.” People v. Bew, 228 Ill. 2d 122, 135 (2008). ¶ 90 However, we find for the following reasons that defendant’s claims of error lack merit and counsel’s failure to pursue a meritless claim cannot constitute deficient representation. | 1 | 1 |
People v. Browngreen1 sentence2024See People v. Stoecker, 2020 IL 124807, ¶ 45 . ¶ 91 “[A] trial judge may not consider an improper factor in aggravation when sentencing a defendant because such consideration clearly affects that defendant’s fundamental right to liberty.” People v. Brown, 2019 IL App (5th) 160329, ¶ 18 . | 1 | 1 |
People v. Gallanogreen2 sentences2023See, e.g., Gallano, 2019 IL App (1st) 160570, ¶ 31 (“counsel did not provide unreasonable assistance when she did not support this meritless claim” with a notarized affidavit). ¶ 45 Finally, we disagree with defendant’s assertion that postconviction counsel’s statement that “perhaps an evidentiary hearing would be merited” to “more fully explore [defendant’s claims” shows that she “erroneously thought there would be an opportunity, at an evidentiary hearing, to support [his] claims and therefore, did not make an effort to support them at the second stage.” The record shows that counsel fulfill 2023See, e.g., Gallano, 2019 IL App (1st) 160570, ¶ 31 (“counsel did not provide unreasonable assistance when she did not support this meritless claim” with a notarized affidavit). ¶ 45 Finally, we disagree with defendant’s assertion that postconviction counsel’s statement that “perhaps an evidentiary hearing would be merited” to “more fully explore [defendant’s claims” shows that she “erroneously thought there would be an opportunity, at an evidentiary hearing, to support [his] claims and therefore, did not make an effort to support them at the second stage.” The record shows that counsel fulfill | 1 | 1 |
People v. Profitgreen1 sentence2023Cf. Landa, 2020 IL App (1st) 170851, ¶¶ 59-70 ; see Profit, 2012 IL App (1st) 101307, ¶ 18 (substantial compliance with Rule 651(c) is sufficient). ¶ 103 This same reasoning applies to defendant’s contention that his postconviction counsel was unreasonable for failing to amend his pro se petition to delete a meritless claim. | 1 | 1 |
People v. Edwardsgreen1 sentence2023See People v. Edwards, 195 Ill. 2d 142, 163-64 (2001) (appellate counsel is not required to raise issues that he reasonably determines are meritless). | 1 | 1 |
People v. Clendeningreen1 sentence2023See Clendenin, 238 Ill. 2d at 318 . ¶ 30 III. | 1 | 1 |
| People v. Hotwagnergreen | 1 | 1 |
| People v. Easleygreen | 1 | 1 |
| People v. Simmsgreen | 1 | 1 |
| People v. Browngreen | 1 | 1 |
| People v. Williamsgreen | 1 | 1 |
| People v. Smithgreen | 1 | 1 |
| People v. Pinkonslygreen | 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. Evans
green
2 sentences2025Evans, 186 Ill. 2d at 94 . ¶ 33 III. 2025Evans, 186 Ill. 2d at 94 . ¶ 33 III. | 3 | 2022–2025 |
People v. Suarez
green
2 sentences2018However, where postconviction counsel is derelict in his or her duty to amend the pro se petition, remand is required " ' regardless of whether the claims raised in the petition had merit.' " (Emphasis in original.) People v. Jones , 2016 IL App (3d) 140094 , ¶ 33, 401 Ill.Dec. 778 , 50 N.E.3d 1260 (quoting Suarez , 224 Ill. 2d at 47 , 308 Ill.Dec. 774 , 862 N.E.2d 977 ). 2018However, where postconviction counsel is derelict in his or her duty to amend the pro se petition, remand is required " ' regardless of whether the claims raised in the petition had merit.' " (Emphasis in original.) People v. Jones , 2016 IL App (3d) 140094 , ¶ 33, 401 Ill.Dec. 778 , 50 N.E.3d 1260 (quoting Suarez , 224 Ill. 2d at 47 , 308 Ill.Dec. 774 , 862 N.E.2d 977 ). | 3 | 2018–2018 |
Strickland v. Washington
green
2 sentences2017The State contends that counsel cannot be ineffective for “failing to raise a meritless claim” and defendant “was not arguably prejudiced” by counsel’s decision not to present such a claim. ¶ 18 Counsel’s decision “ ‘not to investigate must be directly assessed for reasonableness in all the circumstances, applying a heavy measure of deference to counsel’s judgments.’ ” Guest, 166 Ill. 2d at 400 (quoting Strickland, 466 U.S. at 691 ). 2017The State contends that counsel cannot be ineffective for “failing to raise a meritless claim” and defendant “was not arguably prejudiced” by counsel's decision not to present such a claim. ¶ 18 Counsel's decision “ ‘not to investigate must be directly assessed for reasonableness in all the circumstances, applying a heavy measure of deference to counsel’s judgments.’ ” Guest, 166 Ill. 2d at 400 (quoting Strickland, 466 U.S. at 691 ). | 2 | 2017–2017 |
People v. Guest
green
2 sentences2017The State contends that counsel cannot be ineffective for “failing to raise a meritless claim” and defendant “was not arguably prejudiced” by counsel’s decision not to present such a claim. ¶ 18 Counsel’s decision “ ‘not to investigate must be directly assessed for reasonableness in all the circumstances, applying a heavy measure of deference to counsel’s judgments.’ ” Guest, 166 Ill. 2d at 400 (quoting Strickland, 466 U.S. at 691 ). 2017The State contends that counsel cannot be ineffective for “failing to raise a meritless claim” and defendant “was not arguably prejudiced” by counsel's decision not to present such a claim. ¶ 18 Counsel's decision “ ‘not to investigate must be directly assessed for reasonableness in all the circumstances, applying a heavy measure of deference to counsel’s judgments.’ ” Guest, 166 Ill. 2d at 400 (quoting Strickland, 466 U.S. at 691 ). | 2 | 2017–2017 |
People v. Harmon
green
2 sentences2017“Whether the failure to investigate constitutes ineffective assistance of counsel is determined by the value of the evidence not presented at trial and the closeness of the evidence that was presented at trial.” People v. Harmon, 2013 IL App (2d) 120439, ¶ 26 . ¶ 19 At defendant’s trial, the court determined that evidence of the victim’s positive chlamydia test results was barred under the Illinois rape shield statute, which “absolutely bars evidence of the alleged victim’s prior sexual activity or reputation, subject to two exceptions: (1) evidence of past sexual activities with the accused, 2017“Whether the failure to investigate constitutes ineffective assistance of counsel is determined by the value of the evidence not presented at trial and the closeness of the evidence that was presented at trial.” People v. Harmon, 2013 IL App (2d) 120439, ¶ 26 . ¶ 19 At defendant's trial, the court determined that evidence of the victim's positive chlamydia test results was barred under the Illinois rape shield statute, which “absolutely bars evidence of the alleged victim's prior sexual activity or reputation, subject to two exceptions: (1) evidence of 20 No. 1-15-0070 past sexual activities w | 2 | 2017–2017 |
People Ex Rel. Illinois Federation of Teachers v. Lindberg
green
2 sentences2014See Sklodowski, 182 Ill. 2d 220 ; McNamee, 173 Ill. 2d 433 ; Lindberg, 60 Ill. 2d 266 (considering whether there was a contractual right to funding based on the pension protection clause (Ill. 2014See Sklodowski, 182 Ill. 2d 220 , McNamee, 173 Ill. 2d 433 ; Lindberg, 60 Ill. 2d 266 (considering whether there was a contractual right to funding based on the pension protection clause (Ill. | 2 | 2014–2014 |
People v. Keele
green
1 sentence2025The State responds that defendant’s grievance amounts to his dissatisfaction with counsel’s failure to better present a meritless claim. ¶ 66 In support of his argument, defendant relies upon People v. Gray, 2023 IL App (4th) 230076 , and People v. Keele, 210 Ill. | 1 | 2025–2025 |
People v. Castleberry
green
1 sentence2025Defendant also contends counsel made factual errors while arguing the motion, indicating counsel had not reviewed the transcripts from the record. ¶ 14 In response, the State argues defendant is not entitled to relief from his section 2-1401 petition because the void sentence rule was abolished pursuant to People v. Castleberry, 2015 IL 116916 . ¶ 15 The State is correct that Castleberry eliminated the “void sentence rule,” which stated where a sentence fails to conform to statutory requirements, it is void. | 1 | 2025–2025 |
People v. Smith
green
1 sentence2025Smith, 2024 IL App (2d) 230539, ¶ 33 . | 1 | 2025–2025 |
People v. Turner
green
1 sentence2025In what we glean as the court’s response to the State’s argument that postconviction counsel was not required to pursue a meritless claim of ineffective assistance of appellate counsel, our supreme court found, “We fail to see how it can be reasonable assistance of counsel for an attorney to identify claims worth pursuing but then fail to shape them into proper form.” Addison, 2023 IL 127119, ¶ 26 . 1 The Addison court rejected the State’s attempt to distinguish Turner, stating that our supreme court “was clear in Turner that the failure to allege ineffective assistance of appellate counsel wh | 1 | 2025–2025 |
People v. Rogers
green
2 sentences2024People v. Rogers, 2021 IL 126163, ¶ 32 , 184 N.E.3d 222 . ¶ 24 Defendant cannot establish either plain error or ineffective assistance of counsel if he was not entitled to elect sentencing under the amended statute. 2024People v. Rogers, 2021 IL 126163, ¶ 32 , 184 N.E.3d 222 . ¶ 24 Defendant cannot establish either plain error or ineffective assistance of counsel if he was not entitled to elect sentencing under the amended statute. | 1 | 2024–2024 |
People v. Young
green
1 sentence2024Id. | 1 | 2024–2024 |
People v. Landa
green
1 sentence2023Cf. Landa, 2020 IL App (1st) 170851, ¶¶ 59-70 ; see Profit, 2012 IL App (1st) 101307, ¶ 18 (substantial compliance with Rule 651(c) is sufficient). ¶ 103 This same reasoning applies to defendant’s contention that his postconviction counsel was unreasonable for failing to amend his pro se petition to delete a meritless claim. | 1 | 2023–2023 |
| People v. Edwards green | 1 | 2015–2015 |
| City of Peru v. Illinois State Labor Relations Board green | 1 | 1991–1991 |
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.