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Illinois Supreme Court· 4/3/2000

People v. Kitchen

Citations

  • 727 N.E.2d 189
  • 189 Ill. 2d 424
  • 244 Ill. Dec. 890

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • acknowledging that “the Act should not be so strictly construed that a fair hearing be denied and the purpose of the Act, i.e., the vindication of constitutional rights, be defeated”
  • holding that “when a petitioner’s claims are based upon matters outside the record, this court has emphasized that it is not the intent of the Act that such claims be adjudicated on the pleadings” (internal quotation marks omitted)
  • holding that “when a petitioner’s claims are based upon matters outside the record, this court has emphasized that ‘it is not the intent of the [A]ct that [such] claims be adjudicated on the pleadings’ ” (quoting People v. Airmers, 34 Ill. 2d 222, 226 (1966))
  • acknowledging that “the Act should not be so strictly construed that a fair hearing be denied and the purpose of the Act, i.e., the vindication of constitutional rights, be defeated”
  • acknowledging that “the Act should not be so strictly construed that a fair hearing be denied and the purpose of the Act, i.e. , the vindication of constitutional rights, be defeated”
  • holding it was error for trial court to dismiss defendant’s postconviction petition where the only issue before it was the breadth and necessity of discovery requests and the State had not filed a motion to dismiss

Source: CourtListener parenthetical corpus (CC0).

Judges: Freeman

Read full opinion on CourtListener

Cited by

33 cases in this archive cite this case; the 20 most cited are listed.

Cites

11 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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