spurious claim (Illinois) · Go Syfert
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spurious claim in Illinois

5 Illinois opinions name it 2 courts 2020–2025 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. Smithgreen
illappct · 1994 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025See People v. Smith, 259 Ill.

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 (2)

CaseCitedYears
People v. Moore green
ill · 2003
2 sentences

2021We disagree with this proposition. ¶ 49 In support of his argument, defendant relies on the oft-cited passage from Moore, 207 Ill. 2d at 77 -78: “[W]hen a defendant presents a pro se posttrial claim of ineffective assistance of counsel, the trial court should first examine the factual basis of the defendant’s claim.

2020We disagree with this proposition. ¶ 49 In support of his argument, defendant relies on the oft-cited passage from Moore, 207 Ill. 2d at 77 -78: “[W]hen a defendant presents a pro se posttrial claim of ineffective assistance of counsel, the trial court should first examine the factual basis of the defendant’s claim.

32020–2021
People v. Winston green
illappct · 2020
1 sentence

2022Defendant testified that his plea was involuntary because plea counsel “led [defendant] to believe that [case No. 18-CF- 53] as well as Ogle County were going to be dropped.” Defendant testified that no promises were made to him when he pleaded guilty, “aside from [plea counsel] telling [him] that Ogle and [case No. 18-CF-53] would be abolished.” The trial court rejected defendant’s argument, based on defendant’s assurances at the plea hearing. ¶ 34 Defendant’s reliance on People v. Winston, 2020 IL App (2d) 180289 , does not warrant a different conclusion, as it is readily distinguishable.

12022–2022

Statutes the citing opinions construe

IL § 720 ILCS 5/12-3.2 (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.

Where else courts name it

CA 17 (1922–2018) IL 5 (2020–2025) PA 3 (1972–2015) FL 2 (1992–2002) NY 2 (1991–2017)

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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