individualized inquiry (Illinois) · Go Syfert
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individualized inquiry in Illinois

25 Illinois opinions name it 2 courts 1988–2025 9 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Standard Mutual Insurance Co. v. Laygreen
ill · 2013 · cited in 3 Illinois opinions naming this issue, 2020–2021
2 sentences

2021Standard Mutual Insurance Co. v. Lay, 2013 IL 114617, ¶ 26 (explaining that we may consider the reason for the federal law, the problems sought to be remedied, and the purposes to be achieved).

2020Standard Mutual Insurance Co. v. Lay, 2013 IL 114617, ¶ 26 (explaining that we may consider the reason for the federal law, the problems sought to be remedied, and the purposes to be achieved).

33
In re Justin F.green
illappct · 2016 · cited in 3 Illinois opinions naming this issue, 2017–2019
2 sentences

2019In Justin F., the respondent also argued that “the trial court failed to - 12 - 1-19-1040 consider most of the individualized factors listed in the Act.” Justin F., 2016 IL App (1st) 153257, ¶ 27 .

2017(E) Physical, mental[,] and emotional health of the minor, indicating whether the minor has ever been diagnosed with a health issue and if so what services were provided and whether the minor was compliant with services. *** (G) Services within the Department *** that will meet the individualized needs of the minor.” 705 ILCS 405/5-750(1)(D), (E), (G) (West 2014). ¶ 20 To demonstrate the indispensability of each of the individualized factors in section 5-750(1) (705 ILCS 405/5-750(1) (West 2014)), respondent cites In re Justin F., 2016 IL App (1st) 153257, ¶ 30 .

23
United States v. Kellygreen
ca8 · 2010 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024E.g., United States v. Kelly, 625 F.3d 516, 519-20 (8th Cir. 2010) (considering conditions of a defendant’s supervised release; noting that courts “may not impose special conditions categorically on all individuals convicted of certain offenses” and that courts must be careful to conduct an individualized inquiry based on the defendant’s criminal history and his specific offenses).

11
People v. Currygreen
illappct · 2019 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See Curry, 2019 IL App (3d) 160783, ¶ 23 (the appellate court vacated the order revoking defendant’s probation and remanded for new admonishments where the trial court failed to substantially comply with Rule 402A). ¶ 22 The respondent next contends that the trial court failed to consider the individualized factors set forth in section 5-750(1) of the Act (705 ILCS 405/5-750(1) (West 2016)) before committing him to the DOJJ.

11
In Re Samanthagreen
ill · 2009 · cited in 1 Illinois opinions naming this issue, 2019–2019
2 sentences

2019See In re Samantha V., 234 Ill. 2d at 368 (holding that a reviewing court must first determine whether any error occurred before it can apply the plain-error doctrine). ¶ 67 The Act provides that before a trial court can commit a minor to the DJJ, it is required to first “make a finding that secure confinement is necessary” after reviewing the following individualized factors: “(A) Age of the minor.

2019See In re Samantha V., 234 Ill. 2d at 368 (holding that a reviewing court must first determine whether any error occurred before it can apply the plain-error doctrine). ¶ 67 The Act provides that before a trial court can commit a minor to the DJJ, it is required to first “make a finding that secure confinement is necessary” after reviewing the following individualized factors: “(A) Age of the minor.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (17)

CaseCitedYears
In re Javaun I. green
illappct · 2014
2 sentences

2021Therefore, in the present case, the only question is whether “the record contained sufficient information on these factors for the court to consider before sentencing [Johnathan T.].” Javaun I., 2014 IL App (4th) 130189, ¶ 32 .

2021Thus, the only question is whether “the record contained sufficient information on these factors for the court to consider before sentencing respondent to [IDJJ].” Javaun I., 2014 IL App (4th) 130189, ¶ 32 .

32021–2021
In re Raheem M. green
illappct · 2014
2 sentences

2023Raheem M., 2013 IL App (4th) 130585, ¶ 53 .

2014In re Raheem M., 2013 IL App (4th) 130585, ¶ 45 , 1 N.E.3d 86 . ¶ 23 Before sentencing a minor to DOJJ, section 5-750 of the Juvenile Act requires, inter alia, the court to find commitment to DOJJ is the “least restrictive alternative based on evidence that efforts were made to locate less restrictive alternatives to secure confinement and the reasons why efforts were unsuccessful in locating a less restrictive alternative to secure confinement.” 705 ILCS 405/5-750(1)(b) (West 2012). ¶ 24 In making a decision to commit a minor, the statute further requires the trial court to: “[M]ake a finding

22014–2023
People Ex Rel. Birkett v. Konetski green
ill · 2009
2 sentences

2014We can discern no reason why juveniles classified as violent offenders against youth are not entitled to an individualized hearing prior to the expiration of the 10-year registration period and prior to being required to register as adults. ¶ 64 Significantly, the court in Konetski determined that the amendments allowing minor sex offenders to remain on the juvenile registry as well as to seek termination of their registration obligation altogether were "sufficient to satisfy the minor's constitutional right to procedural due process." Konetski, 233 Ill. 2d at 206 .

2014We can discern no reason why juveniles classified as violent offenders against youth are not entitled to an individualized hearing prior to the expiration of the 10-year registration period and prior to being required to register as adults. ¶ 64 Significantly, the court in Konetski determined that the amendments allowing minor sex offenders to remain on the juvenile registry as well as to seek termination of their registration obligation altogether were “sufficient to satisfy the minor’s constitutional right to procedural due process.” Konetski, 233 Ill. 2d at 206 .

22014–2014
Paschen Contractors, Inc. v. Illinois State Toll Highway Authority green
illappct · 1992
2 sentences

1999Paschen, 225 Ill.

1999Paschen , 225 Ill.

21999–1999
Bayeg v. The Admiral at the Lake green
illappct · 2024
1 sentence

2025Defendant contends that the existence, type, and extent of damages require individualized determinations. -8- 1-24-1961 Defendant explains that damages would vary by class member because the number of potential violations will differ by employee, because some class members may seek actual damages rather than just statutory damages, and because defendant’s mental state must be determined as to each individual class member. ¶ 25 Bayeg v. Admiral at the Lake, 2024 IL App (1st) 231141 , is a case similarly alleging violations of the BIPA, where the court determined that if plaintiff establishes li

12025–2025
People v. Stoecker green
ill · 2014
1 sentence

2025Id. § 10(a).

12025–2025
Johnson v. Department of State Police green
ill · 2021
1 sentence

2021Thus, Illinois law indeed - 13 - provides a status altering dispensation by restoring firearm rights.” Johnson, 2020 IL 124213, ¶¶ 26-27 . ¶ 34 The supreme court disagreed with the notion “civil rights” encompassed only those rights discussed in Logan and found that “(1) the right to keep and bear arms is a ‘civil right,’ (2) Illinois has a regulatory mechanism to restore those rights through an individualized determination, and (3) relief granted under section 10 of the FOID Card Act constitutes a sufficient restoration of civil rights as intended by section 921(a)(33)(B)(ii).” Id. ¶ 30.

12021–2021
Logan v. United States green
scotus · 2007
1 sentence

2020Thus, Illinois law indeed provides a status altering dispensation by restoring firearm rights.” Id. ¶¶ 26- 27. ¶ 29 The supreme court found that the rights to vote, hold office, and serve on a jury were not the only three civil rights that could be restored following a conviction, “given Illinois’s mechanism for restoring civil rights and given the state of the law after District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 561 U.S. 742 (2010).” Id. ¶ 30.

12020–2020
District of Columbia v. Heller green
scotus · 2008
1 sentence

2020Thus, Illinois law indeed provides a status altering dispensation by restoring firearm rights.” Id. ¶¶ 26- 27. ¶ 29 The supreme court found that the rights to vote, hold office, and serve on a jury were not the only three civil rights that could be restored following a conviction, “given Illinois’s mechanism for restoring civil rights and given the state of the law after District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 561 U.S. 742 (2010).” Id. ¶ 30.

12020–2020
McDonald v. City of Chicago green
scotus · 2010
1 sentence

2020Thus, Illinois law indeed provides a status altering dispensation by restoring firearm rights.” Id. ¶¶ 26- 27. ¶ 29 The supreme court found that the rights to vote, hold office, and serve on a jury were not the only three civil rights that could be restored following a conviction, “given Illinois’s mechanism for restoring civil rights and given the state of the law after District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 561 U.S. 742 (2010).” Id. ¶ 30.

12020–2020
People v. Luellen green
illappct · 2020
1 sentence

2020After inquiry, no juror had expressed an inability to remain impartial. ¶ 73 We find instructive People v. Luellen, 2019 IL App (1st) 172019 .

12020–2020
In re: Ashley C. green
illappct · 2014
1 sentence

2019“The question of whether the court complied with statutory requirements is a question of law we review de novo.” In re Ashley C., 2014 IL App (4th) 131014, ¶ 22 . ¶ 60 The defendant askes that we review the trial court’s alleged sentencing issues but did not object and preserve these issues for appeal.

12019–2019
In re Henry P. neutral
illappct · 2014
1 sentence

2019However, section 5-750 of the Act only requires a trial court to make a finding that secure confinement is necessary, but “does not require that it state every reason that it made the finding.” (Emphasis added.) In re Henry P., 2014 IL App (1st) 130241 , ¶ 61. ¶ 69 Respondent specifically argues there is no evidence that the trial court considered the individualized factors outlined in the Act as they applied to respondent.

12019–2019
Cleary v. Philip Morris, Inc. green
illappct · 2000
1 sentence

2009Defendants who are subjected to conspiracy-based long-arm jurisdiction in Illinois must necessarily be provided the same due process protections as any other out-of-state defendant.” Cleary, 312 Ill.

12009–2009
Woodson v. North Carolina green
scotus · 1976
2 sentences

1988(See, e.g., Woodson v. North Carolina (1976), 428 U.S. 280 , 49 L.Ed.2d 944 , 96 S.Ct. 2978 ; Roberts v. Louisiana (1976), 428 U.S. 325 , 49 L.Ed.2d 974 , 96 S.Ct. 3001 .) Therefore, the Constitution is not violated by a prosecutor's discretionary decision to show an individual defendant mercy or leniency.

1988(See, e.g., Woodson v. North Carolina (1976), 428 U.S. 280 , 49 L.Ed.2d 944 , 96 S.Ct. 2978 ; Roberts v. Louisiana (1976), 428 U.S. 325 , 49 L.Ed.2d 974 , 96 S.Ct. 3001 .) Therefore, the Constitution is not violated by a prosecutor's discretionary decision to show an individual defendant mercy or leniency.

11988–1988
Roberts v. Louisiana green
scotus · 1976
2 sentences

1988(See, e.g., Woodson v. North Carolina (1976), 428 U.S. 280 , 49 L.Ed.2d 944 , 96 S.Ct. 2978 ; Roberts v. Louisiana (1976), 428 U.S. 325 , 49 L.Ed.2d 974 , 96 S.Ct. 3001 .) Therefore, the Constitution is not violated by a prosecutor's discretionary decision to show an individual defendant mercy or leniency.

1988(See, e.g., Woodson v. North Carolina (1976), 428 U.S. 280 , 49 L.Ed.2d 944 , 96 S.Ct. 2978 ; Roberts v. Louisiana (1976), 428 U.S. 325 , 49 L.Ed.2d 974 , 96 S.Ct. 3001 .) Therefore, the Constitution is not violated by a prosecutor's discretionary decision to show an individual defendant mercy or leniency.

11988–1988
McCleskey v. Kemp green
scotus · 1987
2 sentences

1988This requirement has been consistently reaffirmed in later cases “to ensure that capital sentencing decisions rest on the individualized inquiry contemplated in Gregg." (McCleskey v. Kemp, 481 U.S. at 303 , 95 L.

1988This requirement has been consistently reaffirmed in later cases “to ensure that capital sentencing decisions rest on the individualized inquiry contemplated in Gregg." (McCleskey v. Kemp, 481 U.S. at 303 , 95 L.

11988–1988

Statutes the citing opinions construe

IL § 705 ILCS 405/5-750 (10) IL § 430 ILCS 65/10 (6) IL § 430 ILCS 65/8 (6) USC § 18u.s.c.921 (6) USC § 18u.s.c.922 (6) IL § 430 ILCS 65/2 (4) IL § 705 ILCS 405/5-701 (4) USC § 18u.s.c.925 (4) IL § 705 ILCS 405/5-740 (3) IL § 720 ILCS 5/16-1 (3) IL § 720 ILCS 5/19-1 (3) IL § 730 ILCS 5/5-6-3 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WA 255 (1984–2026) CA 59 (2003–2026) IA 45 (1995–2025) MA 27 (1993–2025) IL 25 (1988–2025) FL 20 (1993–2026) TX 19 (2004–2025) OH 19 (1999–2022) SC 18 (2014–2026) SD 11 (2003–2026) OR 11 (2013–2024) CT 11 (1999–2025) AL 11 (2003–2011) AZ 10 (1985–2026) NM 9 (1997–2022) CO 8 (1987–2020) PA 8 (1989–2023) NY 8 (1976–2026) MO 6 (1997–2020) DC 6 (2001–2016) KY 6 (2018–2025) NC 5 (1988–2018) MS 5 (2001–2017) IN 4 (2010–2013) MD 4 (2005–2021) AK 4 (1996–2023) AR 4 (2009–2019) GA 4 (2014–2018) OK 4 (2003–2023) UT 4 (2002–2024) MI 4 (2007–2020) LA 3 (1997–2007) WI 3 (2015–2020) NJ 2 (1996–2020) WV 2 (2002–2023) NE 2 (2003–2016) WY 2 (1986–2014) HI 2 (2002–2004) DE 2 (2015–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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