motion without an evidentiary hearing (Illinois) · Go Syfert
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motion without an evidentiary hearing in Illinois

5 Illinois opinions name it 2 courts 1970–2020 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 (7)

CaseCitedYears
Weisberg v. Chicago Steel green
illappct · 2009
1 sentence

2020Id.

12020–2020
In Re Marriage of Burch green
illappct · 1990
1 sentence

2006Burch, 205 Ill.

12006–2006
People v. Mertens green
illappct · 1979
1 sentence

1998Mertens, 77 Ill.

11998–1998
People v. Wolf green
illappct · 1977
1 sentence

1982App. 3d 736, 741 , 363 N.E.2d 402 .) Where, as here, the record at trial indicates that defendant testified he was arrested before for his brother’s crimes and defendant has failed to make any effort to support by affidavit or by other competent method his bare allegation in his motion for new trial that the evidence could not have been discovered before trial, we find no abuse of discretion in the dismissal of the motion without an evidentiary hearing.

11982–1982
Gilbert v. California green
scotus · 1967
2 sentences

1970(See United States v. Wade, 388 U.S. 218 , 18 L. Ed. 2d 1149 , 87 S. Ct. 1926 ; Gilbert v. California, 388 U.S. 263 , 18 L. Ed. 2d 1178 , 87 S. Ct. 1951 .) The conclusion was apparently based upon a reading of the then recent decision in Simmons v. United States, 390 U.S. 377 , 19 L. Ed. 2d 1247 , 88 S. Ct. 967 , holding that a prearrest viewing by witnesses of defendant’s photo did not violate the right-to-counsel strictures of Wade-Gilbert.

1970(See United States v. Wade, 388 U.S. 218 , 18 L. Ed. 2d 1149 , 87 S. Ct. 1926 ; Gilbert v. California, 388 U.S. 263 , 18 L. Ed. 2d 1178 , 87 S. Ct. 1951 .) The conclusion was apparently based upon a reading of the then recent decision in Simmons v. United States, 390 U.S. 377 , 19 L. Ed. 2d 1247 , 88 S. Ct. 967 , holding that a prearrest viewing by witnesses of defendant’s photo did not violate the right-to-counsel strictures of Wade-Gilbert.

11970–1970
United States v. Wade green
scotus · 1967
2 sentences

1970(See United States v. Wade, 388 U.S. 218 , 18 L. Ed. 2d 1149 , 87 S. Ct. 1926 ; Gilbert v. California, 388 U.S. 263 , 18 L. Ed. 2d 1178 , 87 S. Ct. 1951 .) The conclusion was apparently based upon a reading of the then recent decision in Simmons v. United States, 390 U.S. 377 , 19 L. Ed. 2d 1247 , 88 S. Ct. 967 , holding that a prearrest viewing by witnesses of defendant’s photo did not violate the right-to-counsel strictures of Wade-Gilbert.

1970(See United States v. Wade, 388 U.S. 218 , 18 L. Ed. 2d 1149 , 87 S. Ct. 1926 ; Gilbert v. California, 388 U.S. 263 , 18 L. Ed. 2d 1178 , 87 S. Ct. 1951 .) The conclusion was apparently based upon a reading of the then recent decision in Simmons v. United States, 390 U.S. 377 , 19 L. Ed. 2d 1247 , 88 S. Ct. 967 , holding that a prearrest viewing by witnesses of defendant’s photo did not violate the right-to-counsel strictures of Wade-Gilbert.

11970–1970
Simmons v. United States green
scotus · 1968
2 sentences

1970(See United States v. Wade, 388 U.S. 218 , 18 L. Ed. 2d 1149 , 87 S. Ct. 1926 ; Gilbert v. California, 388 U.S. 263 , 18 L. Ed. 2d 1178 , 87 S. Ct. 1951 .) The conclusion was apparently based upon a reading of the then recent decision in Simmons v. United States, 390 U.S. 377 , 19 L. Ed. 2d 1247 , 88 S. Ct. 967 , holding that a prearrest viewing by witnesses of defendant’s photo did not violate the right-to-counsel strictures of Wade-Gilbert.

1970(See United States v. Wade, 388 U.S. 218 , 18 L. Ed. 2d 1149 , 87 S. Ct. 1926 ; Gilbert v. California, 388 U.S. 263 , 18 L. Ed. 2d 1178 , 87 S. Ct. 1951 .) The conclusion was apparently based upon a reading of the then recent decision in Simmons v. United States, 390 U.S. 377 , 19 L. Ed. 2d 1247 , 88 S. Ct. 967 , holding that a prearrest viewing by witnesses of defendant’s photo did not violate the right-to-counsel strictures of Wade-Gilbert.

11970–1970

Where else courts name it

FL 31 (1975–2026) WI 24 (1976–2026) MO 21 (1972–2020) MA 19 (1984–2024) ND 13 (2002–2022) KS 5 (1980–2021) TX 5 (1986–2000) OH 5 (1999–2019) NY 5 (1995–2024) IL 5 (1970–2020) NE 4 (2017–2026) TN 4 (2013–2017) CA 2 (2016–2025) NJ 2 (2021–2022) NC 2 (1998–2025) MS 2 (2007–2011)

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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