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People v. Smith

Citations

  • 761 N.E.2d 306
  • 326 Ill. App. 3d 831
  • 260 Ill. Dec. 462
  • 2001 Ill. App. LEXIS 904

How courts have described this case

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

  • distinguishing an improper jury waiver claim from a claim that a defendant’s trial counsel improperly caused the defendant to waive a jury
  • distinguishing an improper jury waiver claim from a claim that a defendant’s trial counsel improperly caused the defendant to waive a jury
  • reversing first-stage dismissal of postconviction petition where defendant alleged he elected not to testify based on trial counsel’s erroneous advice that “defendant’s gang involvement would not come out if defendant did not testify”
  • “We take judicial notice that the trial judge has retired from the bench; therefore, a different judge will consider this petition on remand.”
  • “We take judicial notice that the trial judge has retired from the bench, therefore, a different judge will consider this petition on remand.”
  • unless positively rebutted by the record, all well-pled facts are taken as true at the first stage

Source: CourtListener parenthetical corpus (CC0).

Judges: Frossard

Read full opinion on CourtListener

Cited by

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

Cites

46 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.