Topic: frivolous or is patently without merit. · Go Syfert
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Topic #6674

9 canonical passages across 9 cases, quoted by 53 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. Boclair.

#Case FlagCanonical passage Citers
1 People v. Boclair Anchor
ill · 2002
green “frivolous or is patently without merit.” 15
2 People v. Patterson
ill · 2000
green “burge himself actively participated in the 'mistreatment' of wilson, burned wilson with a radiator, repeatedly shocked him, and 'engaged him in several unjustified physical altercations during which mr. wilson was handcuffed and incapable of providing any resistance.” 6
3 People v. Smith
illappct · 2003
green “waiver, which would be a procedural affirmative defense for purposes of the first petition, becomes a substantive consideration going to the merits of a successive postconviction petition” 6
4 Childers v. Kruse
illappct · 1998
green “a timely notice of appeal is both jurisdictional and mandatory” 5
5 People v. Morgan
ill · 2004
green “fundamental fairness so requires.” 5
6 People v. Jones
ill · 1991
green “totally contradicted by the record of the plea” 5
7 Niccum v. Botti, Marinaccio, DeSalvo & Tameling, Ltd.
ill · 1998
green “filing a notice of appeal is the jurisdictional step which initiates appellate review” 5
8 People v. Smith
illappct · 2004
green “this objective factor is consistently identified as the newly discovered nature of the evidence defendant relies on.” 3
9 People v. Montgomery
illappct · 2001
green “appellate review is generally restricted to what has been properly presented and preserved of record in the trial court” 3

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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