Topic: it is defendant's burden to overcome this presumption by de… · Go Syfert
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Topic #4240

5 canonical passages across 5 cases, quoted by 117 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from People v. Profit.

#Case FlagCanonical passage Citers
1 People v. Profit Anchor
illappct · 2012
green “it is defendant's burden to overcome this presumption by demonstrating his attorney's failure to substantially comply with the duties mandated by rule 651(c).” 45
2 People v. Perkins
ill · 2008
green “repeatedly held that the purpose of rule 651(c) is to ensure that counsel shapes the petitioner's claims into proper legal form and presents those claims to the court.” 35
3 People v. Pendleton
ill · 2006
green “less than that afforded by the federal or state constitutions.” 29
4 People v. Richardson
illappct · 2008
green “to find counsel's certificate in this case insufficient to pass muster under rule 651(c), we would be hard-pressed to conceive of a certificate that would demonstrate counsel's compliance, short of one that exactly mirrors the language of the rule.” 4
5 People v. Pace
illappct · 2008
green “stand on the allegations in the pro se petition and inform the court of the reason the petition was not amended” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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