elements of a constitutional claim (Illinois) · Go Syfert
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elements of a constitutional claim in Illinois

5 Illinois opinions name it 2 courts 2001–2023 1 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 (3)

CaseFollowedCited
People v. Cranegreen
ill · 2001 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See People v. Crane, 195 Ill. 2d 42, 48 (2001) (citing Barker v. Wingo, 407 U.S. 514, 530 (1972)) - 13 - 2020 IL App (2d) 180066-U (the factors to be considered in a constitutional speedy-trial claim include length of the delay; reasons for the delay; prejudice, if any, accruing to the defendant; and defendant’s assertion of the speedy-trial right).

11
Barker v. Wingogreen
scotus · 1972 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See People v. Crane, 195 Ill. 2d 42, 48 (2001) (citing Barker v. Wingo, 407 U.S. 514, 530 (1972)) - 13 - 2020 IL App (2d) 180066-U (the factors to be considered in a constitutional speedy-trial claim include length of the delay; reasons for the delay; prejudice, if any, accruing to the defendant; and defendant’s assertion of the speedy-trial right).

11
People v. Statengreen
ill · 1994 · cited in 1 Illinois opinions naming this issue, 2019–2019
1 sentence

2019See People v. Staten, 159 Ill. 2d 419, 426-27 (1994). ¶ 84 Because defendant has not shown that his statutory speedy-trial claim was preserved, we review his claim for plain error.

11

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 (3)

CaseCitedYears
People v. Lemons green
illappct · 1993
2 sentences

2001This conclusion follows from the requirement, as stated in Lemons , that the facts alleged must be such that the "trial court could find a valid claim of deprivation of a constitutional right." Lemons, 242 Ill.App.3d at 946 , 184 Ill.Dec. 642 , 613 N.E.2d 1234 .

2001This conclusion follows from the requirement, as stated in Lemons, that the facts alleged must be such that the “trial court could find a valid claim of deprivation of a constitutional right.” Lemons, 242 Ill.

22001–2001
People v. Gaultney green
ill · 1996
2 sentences

2001Necessarily, if facts supporting all the elements of a constitutional claim are not included in the petition, the circuit court could not "find a valid claim." However, requiring this type of full or complete pleading is contrary to this court's holding that the pro se defendant "need only present a limited amount of detail" ( Gaultney, 174 Ill.2d at 418 , 221 Ill.Dec. 195 , 675 N.E.2d 102 ) to survive summary dismissal at the first stage of the post-conviction proceedings.

2001Necessarily, if facts supporting all the elements of a constitutional claim are not included in the petition, the circuit court could not “find a valid claim.” However, requiring this type of full or complete pleading is contrary to this court’s holding that the pro se defendant “need only present a limited amount of detail” (Gaultney, 174 Ill. 2d at 418 ) to survive summary dismissal at the first stage of the post-conviction proceedings.

22001–2001
People v. White green
illappct · 2014
1 sentence

2023People v. White, 2014 IL App (1st) 130007, ¶ 19 .

12023–2023

Statutes the citing opinions construe

IL § 725 ILCS 5/122-2.1 (3)

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.

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