253 Ill. App. 3d 948 - People v. Smith’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Whether a bona fide doubt has been raised rests within the discretion of the trial court, and a court of review will reverse that decision only if the trial court has abused its discretion. (See People v. Thomas (1993), 246 Ill. App. 3d 708, 713-14 , 616 N.E.2d 695, 699 .) The supreme court in Eddmonds wrote the following: 'Relevant factors which a trial court may consider in assessing whether a bona fide doubt of fitness exists include a defendant’s "irrational behavior, his demeanor at trial, and any prior medical opinion on competence to stand trial.” (Drope v. Missouri (1975), 420 U.S. 162,180 , 43 L. Ed. 2d 103, 118 , 95 S. Ct. 896, 908 .) The representations of defendant’s counsel concerning the competence of his client, while not conclusive, are another important factor to consider. (Drope v. Missouri, 420 U.S. at 177 n.13, 43 L. Ed. 2d at 116 n.13, 95 S. Ct. at 906 n. 13.) ***’ Eddmonds, 143 Ill. 2d at 518, 578 N.E.2d at 959.””

   1 later decision quote this exact passage · from the majority
   e.g. 276 Ill. App. 3d 86 - People v. Sandham

2. “"The issue of the defendant's fitness for trial, to plead, or to be sentenced may be raised by the defense, the State or the Court at any appropriate time before a plea is entered or before, during, or after trial. When a bona fide doubt of the defendant's fitness is raised, the court shall order a determination of the issue before proceeding further."”

   1 later decision quote this exact passage · from the majority
   e.g. 276 Ill. App. 3d 86 - People v. Sandham