void sentencing rule (Illinois) · Go Syfert
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void sentencing rule in Illinois

18 Illinois opinions name it 2 courts 2016–2024 10 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 (7)

CaseFollowedCited
People v. Castleberrygreen
ill · 2015 · cited in 15 Illinois opinions naming this issue, 2016–2024
2 sentences

2024See People v. Castleberry, 2015 IL 116916, ¶ 1 (abolishing the void-sentencing rule).

2023In that case, the supreme court abolished the void sentencing rule, which stated that “ ‘[a] sentence which does not conform to a statutory requirement is void.’ ” Castleberry, 2015 IL 116916, ¶ 1 (quoting People v. Arna, 168 Ill. 2d 107, 113 (1995)).

415
People v. Pricegreen
ill · 2016 · cited in 4 Illinois opinions naming this issue, 2019–2023
2 sentences

2023See Castleberry, 2015 IL 116916, ¶ 19 (abolishing the void sentencing rule as constitutionally unsound); see also People v. Price, 2016 IL 118613, ¶ 27 , 76 N.E.3d 1240 (holding Castleberry applied prospectively and to all cases pending when the court’s decision was announced, including the defendant’s pending section 2-1401 petition for relief from judgment). ¶ 23 Generally, “[j]urisdiction over a cause depends on the state of facts at the time the action is brought.” In re Marriage of Allen, 265 Ill.

2023See Castleberry, 2015 IL 116916, ¶ 19 (abolishing the void sentencing rule as constitutionally unsound); see also People v. Price, 2016 IL 118613, ¶ 27 , 76 N.E.3d 1240 (holding Castleberry applied prospectively and to all cases pending when the court’s decision was announced, including the defendant’s pending section 2-1401 petition for relief from judgment). ¶ 23 Generally, “[j]urisdiction over a cause depends on the state of facts at the time the action is brought.” In re Marriage of Allen, 265 Ill.

14
People v. Arnared
ill · 1995 · cited in 2 Illinois opinions naming this issue, 2023–2023
2 sentences

2023See People v. Arna, 168 Ill. 2d 107, 113 , 658 N.E.2d 445, 448 (1995), abrogated by Castleberry, 2015 IL 116916 (holding that because the trial court’s sentencing “order imposing concurrent [prison] terms was void, the appellate court had the authority to correct it at any time [citation], and the actions of the appellate court were not barred by [the Supreme Court Rules] which limit the State’s right to appeal and which prohibit the appellate court from increasing a defendant’s sentence on review”). ¶ 24 Moreover, we agree with respondent’s contention, raised below and on appeal, that petitio

2023In that case, the supreme court abolished the void sentencing rule, which stated that “ ‘[a] sentence which does not conform to a statutory requirement is void.’ ” Castleberry, 2015 IL 116916, ¶ 1 (quoting People v. Arna, 168 Ill. 2d 107, 113 (1995)).

12
In Re Marriage of Allengreen
illappct · 1994 · cited in 1 Illinois opinions naming this issue, 2023–2023
2 sentences

2023See Castleberry, 2015 IL 116916, ¶ 19 (abolishing the void sentencing rule as constitutionally unsound); see also People v. Price, 2016 IL 118613, ¶ 27 , 76 N.E.3d 1240 (holding Castleberry applied prospectively and to all cases pending when the court’s decision was announced, including the defendant’s pending section 2-1401 petition for relief from judgment). ¶ 23 Generally, “[j]urisdiction over a cause depends on the state of facts at the time the action is brought.” In re Marriage of Allen, 265 Ill.

2023See Castleberry, 2015 IL 116916, ¶ 19 (abolishing the void sentencing rule as constitutionally unsound); see also People v. Price, 2016 IL 118613, ¶ 27 , 76 N.E.3d 1240 (holding Castleberry applied prospectively and to all cases pending when the court’s decision was announced, including the defendant’s pending section 2-1401 petition for relief from judgment). ¶ 23 Generally, “[j]urisdiction over a cause depends on the state of facts at the time the action is brought.” In re Marriage of Allen, 265 Ill.

11
Hurlbert v. Charlesgreen
ill · 2010 · cited in 1 Illinois opinions naming this issue, 2023–2023
2 sentences

2023“The doctrine of collateral estoppel bars relitigation of an issue that was already decided in a prior case.” Hurlbert v. Charles, 238 Ill. 2d 248, 255 , 938 N.E.2d 507, 512 (2010).

2023“The doctrine of collateral estoppel bars relitigation of an issue that was already decided in a prior case.” Hurlbert v. Charles, 238 Ill. 2d 248, 255 , 938 N.E.2d 507, 512 (2010).

11
People v. Laugharngreen
ill · 2009 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021People v. Laugharn, 233 Ill. 2d 318, 322 (2009). ¶ 14 In Castleberry, our supreme court abolished the void sentencing rule, which declared void any sentence that did not conform to statutory requirements.

11
LVNV Funding, LLC v. Tricegreen
ill · 2015 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021See, e.g., LVNV Funding, LLC v. Trice, 2015 IL 116129 ; Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc., 199 Ill. 2d 325 (2002); Steinbrecher, 197 Ill. 2d 514 .

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
People v. Arnared
ill · 1995 · cited in 2 Illinois opinions naming this issue, 2023–2023
2 sentences

2023See People v. Arna, 168 Ill. 2d 107, 113 , 658 N.E.2d 445, 448 (1995), abrogated by Castleberry, 2015 IL 116916 (holding that because the trial court’s sentencing “order imposing concurrent [prison] terms was void, the appellate court had the authority to correct it at any time [citation], and the actions of the appellate court were not barred by [the Supreme Court Rules] which limit the State’s right to appeal and which prohibit the appellate court from increasing a defendant’s sentence on review”). ¶ 24 Moreover, we agree with respondent’s contention, raised below and on appeal, that petitio

2023In that case, the supreme court abolished the void sentencing rule, which stated that “ ‘[a] sentence which does not conform to a statutory requirement is void.’ ” Castleberry, 2015 IL 116916, ¶ 1 (quoting People v. Arna, 168 Ill. 2d 107, 113 (1995)).

12

Also cited on this issue (4)

CaseCitedYears
Steinbrecher v. Steinbrecher green
ill · 2001
1 sentence

2021See, e.g., LVNV Funding, LLC v. Trice, 2015 IL 116129 ; Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc., 199 Ill. 2d 325 (2002); Steinbrecher, 197 Ill. 2d 514 .

12021–2021
Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc. green
ill · 2002
1 sentence

2021See, e.g., LVNV Funding, LLC v. Trice, 2015 IL 116129 ; Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc., 199 Ill. 2d 325 (2002); Steinbrecher, 197 Ill. 2d 514 .

12021–2021
People v. Thompson green
ill · 2015
1 sentence

2019Thompson, 2015 IL 118151, ¶¶ 31-33 . - 12 - 2019 IL App (2d) 170257 Castleberry eliminated the third type of void judgment, thus narrowing the universe of judgments subject to attack in perpetuity.” Id. ¶ 31. ¶ 22 This line of supreme court authority makes it abundantly clear that a trial court’s jurisdiction over a matter is not dependant on statutory authority.

12019–2019
People v. Orahim green
illappct · 2019
1 sentence

2019Thompson, 2015 IL 118151, ¶¶ 31-33 . - 12 - 2019 IL App (2d) 170257 Castleberry eliminated the third type of void judgment, thus narrowing the universe of judgments subject to attack in perpetuity.” Id. ¶ 31. ¶ 22 This line of supreme court authority makes it abundantly clear that a trial court’s jurisdiction over a matter is not dependant on statutory authority.

12019–2019

Statutes the citing opinions construe

IL § 720 ILCS 5/12-14 (5) IL § 725 ILCS 5/122-1 (5) IL § 730 ILCS 5/5-8-4 (5) IL § 735 ILCS 5/2-1401 (4) IL § 15 ILCS 205/4 (3) IL § 55 ILCS 5/3-9005 (3) IL § 730 ILCS 5/5-8-1 (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

IL 18 (2016–2024) OH 3 (2020–2025)

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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