conclusiveness requirement (Illinois) · Go Syfert
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conclusiveness requirement in Illinois

5 Illinois opinions name it 2 courts 1981–2026 3 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 (1)

CaseFollowedCited
People v. Colemangreen
ill · 2013 · cited in 3 Illinois opinions naming this issue, 2020–2026
2 sentences

2026Coleman, 2013 IL 113307, ¶ 97 . ¶ 32 Ultimately, the question before us is not whether we would reach the same conclusion as the trial court.

2020We note that the State’s DNA expert, Kelly Lawrence, testified that one of the reasons defendant’s DNA might not have been found on the two-by-four was that “[t]here could be a lot of DNA already on the two-by-four, therefore, masking or inhibiting DNA from somebody else being seen on the board.” Hence, that the crime scene was “messy” does not necessarily support the inference defendant seeks to base upon it and actually could support a contrary inference. ¶ 20 In sum, we cannot say that the trial court committed manifest error when it determined that the DNA evidence in this case did not mee

13

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 (4)

CaseCitedYears
People v. Smith green
ill · 1997
1 sentence

2024Just as the affidavit is conclusive because it identifies someone other than the defendant as the perpetrator, Stanford’s affidavit is likewise material because it is, for that same reason, “relevant and probative of the petitioner's innocence.” Coleman, 2013 IL 113307, ¶ 96 (citing Smith, 177 Ill. 2d at 82–83). ¶ 21 As for whether the affidavit was noncumulative, the State contends that Stanford’s affidavit merely repeated the defendant’s own testimony that he was not involved in the shooting and Perry’s testimony that she did not see the defendant at Williams’ house.

12024–2024
People v. Robinson green
ill · 2020
1 sentence

2022People v. Sanders, 2016 IL 118123, ¶ 47 . ¶ 45 As our supreme court made clear in Robinson, the conclusiveness requirement means that the court must find that the new evidence, when considered along with the trial evidence, would “probably” lead to the defendant’s acquittal. 2020 IL 123849, ¶ 47 .

12022–2022
People v. Sanders green
ill · 2016
1 sentence

2022People v. Sanders, 2016 IL 118123, ¶ 47 . ¶ 45 As our supreme court made clear in Robinson, the conclusiveness requirement means that the court must find that the new evidence, when considered along with the trial evidence, would “probably” lead to the defendant’s acquittal. 2020 IL 123849, ¶ 47 .

12022–2022
Akron Center for Reproductive Health, Inc. v. City of Akron green
ohnd · 1979
2 sentences

1981Ohio 1979), 479 F. Supp. 1172 ) application of the ordinary severability test produces the same result.

1981Ohio 1979), 479 F. Supp. 1172 ) application of the ordinary severability test produces the same result.

11981–1981

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (4)

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.

Where else courts name it

CA 7 (1936–2014) IL 5 (1981–2026) FL 5 (1981–1996) NY 3 (1954–1986) NJ 3 (1881–1984) TX 3 (1885–1945) KY 2 (1957–1966) GA 2 (1963–1997) MO 2 (1929–2023)

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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