Topic: if the state moves to dismiss, the trial court may hold a d… · Go Syfert
← All topics

Topic #9408

4 canonical passages across 4 cases, quoted by 40 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. Wheeler.

#Case FlagCanonical passage Citers
1 People v. Wheeler Anchor
illappct · 2009
green “if the state moves to dismiss, the trial court may hold a dismissal hearing, which is still part of the second stage.” 17
2 People v. Fields
illappct · 2020
green “the purpose of the first two stages is to determine whether an evidentiary hearing is even necessary.” 11
3 People v. Addison
ill · 2023
green “at the first stage, the trial court must independently review the petition within 90 days of its filing and determine whether it is frivolous or patently without merit.” 7
4 People v. Peeples
ill · 2002
green “the purpose of a post-conviction proceeding is to permit inquiry into constitutional issues involved in the original conviction and sentence that were not, nor could have been, adjudicated previously upon direct appeal.” 5

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.

← Caselaw search · Hot / Trending / Newly red · Brief Check