absence of a constitutional violation (Illinois) · Go Syfert
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absence of a constitutional violation in Illinois

5 Illinois opinions name it 1 courts 1979–2015 0 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Illinois.

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 (5)

CaseCitedYears
People v. Delvillar green
ill · 2009
2 sentences

2015Delvillar, 235 Ill. 2d at 520-21 . ¶ 18 Nonetheless, we noted that a plea may still be withdrawn in the absence of a constitutional violation if “real justice has been denied or if the defendant has been prejudiced by the inadequate admonishment,” with the defendant bearing the burden of making the requisite showing.

2015Delvillar, 235 Ill. 2d at 520-21 . ¶ 18 Nonetheless, we noted that a plea may still be withdrawn in the absence of a constitutional violation if “real justice has been denied or if the defendant has been prejudiced by the inadequate admonishment,” with the defendant bearing the burden of making the requisite showing.

22015–2015
People v. DeWitt green
ill · 1979
2 sentences

1987In that case the court held that our Rule 411 does not entitle an accused to discovery at a probation revocation hearing. ( 78 Ill. 2d at 86 .) The rule announced in DeWitt was that in the absence of a constitutional requirement, the decision whether to allow discovery at a hearing should be made by comparing the interest of the defendant with the interest of the State. ( 78 Ill. 2d at 87 .) The State’s interest in incarcerating a probationer who committed another crime outweighed the defendant’s interest in conditional liberty. ( 78 Ill. 2d at 87 .) In the instant case, however, the defendant

1987In that case the court held that our Rule 411 does not entitle an accused to discovery at a probation revocation hearing. ( 78 Ill. 2d at 86 .) The rule announced in DeWitt was that in the absence of a constitutional requirement, the decision whether to allow discovery at a hearing should be made by comparing the interest of the defendant with the interest of the State. ( 78 Ill. 2d at 87 .) The State’s interest in incarcerating a probationer who committed another crime outweighed the defendant’s interest in conditional liberty. ( 78 Ill. 2d at 87 .) In the instant case, however, the defendant

11987–1987
Reif v. Barrett green
ill · 1933
2 sentences

1981Davids v. Akers (9th Cir.1977), 549 F.2d 120 ; Reif v. Barrett (1933), 355 Ill. 104, 126 .

1981Davids v. Akers (9th Cir. 1977), 549 F.2d 120 ; Reif v. Barrett (1933), 355 Ill. 104, 126 .

11981–1981
Craig E. Davids v. Stan Akers green
ca9 · 1977
2 sentences

1981Davids v. Akers (9th Cir.1977), 549 F.2d 120 ; Reif v. Barrett (1933), 355 Ill. 104, 126 .

1981Davids v. Akers (9th Cir. 1977), 549 F.2d 120 ; Reif v. Barrett (1933), 355 Ill. 104, 126 .

11981–1981
Morrissey v. Brewer green
scotus · 1972
2 sentences

1979(Cf. Morrissey v. Brewer (1972), 408 U.S. 471, 483 , 33 L.

1979(Cf. Morrissey v. Brewer (1972), 408 U.S. 471, 483 , 33 L.

11979–1979

Where else courts name it

CA 14 (1974–2022) TN 11 (1997–2018) CO 9 (1987–2025) OR 8 (1992–2025) FL 8 (1981–2025) NJ 8 (1976–2015) PA 8 (1986–2024) NY 7 (1975–2018) MN 7 (2004–2015) NE 6 (1998–2008) TX 5 (2003–2010) IL 5 (1979–2015) CT 4 (1993–1998) IA 3 (1983–2018) NC 2 (1986–2013) HI 2 (2001–2002) AK 2 (1979–1998) VA 2 (2001–2020) VT 2 (1958–2014) OK 2 (1916–1996) SC 2 (1960–2014) MD 2 (1968–1971) MA 2 (2014–2019)

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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