consideration factors (Illinois) · Go Syfert
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consideration factors in Illinois

104 Illinois opinions name it 2 courts 1883–2026 15 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 (31)

CaseFollowedCited
People v. Ferngreen
ill · 1999 · cited in 4 Illinois opinions naming this issue, 2021–2022
2 sentences

2022Each sentencing decision must be based on a consideration of factors including “the defendant’s credibility, demeanor, general moral character, mentality, social environment, habits, and age.” People v. Fern, 189 Ill. 2d 48, 53 , 723 N.E.2d 207, 209 (1999).

2022Each sentencing decision must be based on a consideration of factors including “the defendant’s credibility, demeanor, general moral character, mentality, social environment, habits, and age.” People v. Fern, 189 Ill. 2d 48, 53 , 723 N.E.2d 207, 209 (1999).

44
People v. Beasleygreen
illappct · 2000 · cited in 4 Illinois opinions naming this issue, 2004–2004
2 sentences

2004See Beasley, 314 Ill.

2004See People v. Beasley, 314 Ill.

44
People v. Alexandergreen
ill · 2010 · cited in 3 Illinois opinions naming this issue, 2017–2021
2 sentences

2021People v. Alexander, 239 Ill. 2d 205, 212 (2010).

2017People v. Alexander, 239 Ill. 2d 205, 212 (2010).

33
In Re JCgreen
illappct · 1987 · cited in 2 Illinois opinions naming this issue, 2021–2021
2 sentences

2021In re J.C., 163 Ill.

2021In re J.C., 163 Ill.

22
People v. Rathbonegreen
illappct · 2003 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017Compare People v. Maggio, 2017 IL App (4th) 150287, ¶ 50 (concluding the trial court’s reliance on an improper sentencing factor was second-prong plain error), with Rathbone, 345 Ill.

2017Compare People v. Maggio, 2017 IL App (4th) 150287, ¶ 50 (concluding the trial court’s reliance on an improper sentencing factor was second- prong plain error), with Rathbone, 345 Ill.

22
Prentice v. UDC Advisory Services, Inc.green
illappct · 1995 · cited in 2 Illinois opinions naming this issue, 2016–2017
2 sentences

2017Prentice v. UDC Advisory Services, Inc., 271 Ill.

2016Prentice v. UDC Advisory Services, Inc., 271 Ill.

22
People v. Maggiogreen
illappct · 2017 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017Compare People v. Maggio, 2017 IL App (4th) 150287, ¶ 50 (concluding the trial court’s reliance on an improper sentencing factor was second-prong plain error), with Rathbone, 345 Ill.

2017Compare People v. Maggio, 2017 IL App (4th) 150287, ¶ 50 (concluding the trial court’s reliance on an improper sentencing factor was second- prong plain error), with Rathbone, 345 Ill.

22
Gasperini v. Gasperinigreen
illappct · 1978 · cited in 2 Illinois opinions naming this issue, 2009–2009
2 sentences

2009See Gaspirini, 57 Ill.

2009See Gaspirini, 57 Ill.

22
People v. Johnsongreen
illappct · 2005 · cited in 2 Illinois opinions naming this issue, 2009–2009
2 sentences

2009See Johnson, 356 Ill.

2009See Johnson, 356 Ill.App.3d at 211 , 292 Ill.Dec. 177 , 825 N.E.2d 765 , citing Boose, 66 Ill.2d at 268 , 5 Ill.Dec. 832 , 362 N.E.2d 303 .

22
In Re Marriage of Ackerleygreen
illappct · 2002 · cited in 2 Illinois opinions naming this issue, 2003–2003
2 sentences

2003In re Marriage of Bussey, 108 Ill. 2d at 297 , 483 N.E.2d at 1234 ; see In re Marriage of Ackerley, 333 Ill.

2003In re Marriage of Bussey , 108 Ill. 2d at 297 , 483 N.E.2d at 1234 ; see In re Marriage of Ackerley , 333 Ill.

22
People v. Steingreen
illappct · 1993 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001We note that the Appellate Court, Third District, in People v. Stein, 255 Ill.

2001We note that the Appellate Court, Third District, in People v. Stein , 255 Ill.

22
People v. Williamsgreen
ill · 1998 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000See Williams, 181 Ill.2d at 321 , 229 Ill.Dec. 898 , 692 N.E.2d 1109 (assuming the invalidity of a statutory aggravating factor, finding that the jury's consideration of this factor did not require resentencing); Page, 156 Ill.2d at 269 , 189 Ill.Dec. 371 , 620 N.E.2d 339 (same); Coleman, 129 Ill.2d at 345-46 , 135 Ill.Dec. 834 , 544 N.E.2d 330 (same).

2000See Williams, 181 Ill. 2d at 321 (assuming the invalidity of a statutory aggravating factor, finding that the jury’s consideration of this factor did not require resentencing); Page, 156 Ill. 2d at 269 (same); Coleman, 129 Ill. 2d at 345-46 (same).

22
People v. Pagegreen
ill · 1993 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000See Williams, 181 Ill.2d at 321 , 229 Ill.Dec. 898 , 692 N.E.2d 1109 (assuming the invalidity of a statutory aggravating factor, finding that the jury's consideration of this factor did not require resentencing); Page, 156 Ill.2d at 269 , 189 Ill.Dec. 371 , 620 N.E.2d 339 (same); Coleman, 129 Ill.2d at 345-46 , 135 Ill.Dec. 834 , 544 N.E.2d 330 (same).

2000See Williams, 181 Ill. 2d at 321 (assuming the invalidity of a statutory aggravating factor, finding that the jury’s consideration of this factor did not require resentencing); Page, 156 Ill. 2d at 269 (same); Coleman, 129 Ill. 2d at 345-46 (same).

22
People v. Colemangreen
ill · 1989 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000See Williams, 181 Ill.2d at 321 , 229 Ill.Dec. 898 , 692 N.E.2d 1109 (assuming the invalidity of a statutory aggravating factor, finding that the jury's consideration of this factor did not require resentencing); Page, 156 Ill.2d at 269 , 189 Ill.Dec. 371 , 620 N.E.2d 339 (same); Coleman, 129 Ill.2d at 345-46 , 135 Ill.Dec. 834 , 544 N.E.2d 330 (same).

2000See Williams, 181 Ill. 2d at 321 (assuming the invalidity of a statutory aggravating factor, finding that the jury’s consideration of this factor did not require resentencing); Page, 156 Ill. 2d at 269 (same); Coleman, 129 Ill. 2d at 345-46 (same).

22
City of Wyoming v. Illinois Liquor Control Commissiongreen
illappct · 1977 · cited in 2 Illinois opinions naming this issue, 1978–1992
2 sentences

1978App. 3d 404 , 362 N.E.2d 1080 .) He argues that a reviewing court may, in the exercise of its responsibility for a just result, ignore a consideration of waiver and decide a case on grounds not properly raised (Occidental Chemical Co. v. Agri Profit Systems, Inc. (1975), 37 Ill.

1978App.3d 404 , 362 N.E.2d 1080 .) He argues that a reviewing court may, in the exercise of its responsibility for a just result, ignore a consideration of waiver and decide a case on grounds not properly raised ( Occidental Chemical Co. v. Agri Profit Systems, Inc. (1975), 37 Ill.

12
Kostakos v. KSN Joint Venture No. 1green
illappct · 1986 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026See Kostakos, 142 Ill.

11
Eugene Pierce v. The Atchison, Topeka and Santa Fe Railway Co., D/B/A Santa Fe Railroad Co., Cross-Appelleegreen
ca7 · 1995 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025Co., 65 F.3d 562, 570 (7th Cir. 1995) (“Employees may waive their federal ADEA rights in private -8- 1-23-0949 settlements with their employers, provided that their consent to a release is both knowing and voluntary.”). ¶ 34 Whether a release was knowing and voluntary depends on the totality of the circumstances of its execution and other factors, including (i) the employee’s education and business experience, (ii) the employee’s role in negotiating the terms, (iii) the clarity of the agreement, (iv) the amount of time for deliberation before signing, (v) whether the employee read the release

11
Hampton v. Ford Motor Co.green
ca7 · 2009 · cited in 1 Illinois opinions naming this issue, 2025–2025
11
People v. Kinnersongreen
illappct · 2020 · cited in 1 Illinois opinions naming this issue, 2025–2025
11
People v. Bakergreen
illappct · 2022 · cited in 1 Illinois opinions naming this issue, 2023–2023
11
People v. Heidergreen
ill · 2008 · cited in 1 Illinois opinions naming this issue, 2023–2023
11
People v. Coopergreen
illappct · 1986 · cited in 1 Illinois opinions naming this issue, 2022–2022
11
People v. Manninggreen
ill · 2011 · cited in 1 Illinois opinions naming this issue, 2020–2020
11
People v. Holmanred
ill · 2017 · cited in 1 Illinois opinions naming this issue, 2020–2020
11
In Re Marriage of Morrisroegreen
illappct · 1987 · cited in 1 Illinois opinions naming this issue, 2020–2020
11
People v. Jonesgreen
ill · 2004 · cited in 1 Illinois opinions naming this issue, 2016–2016
11
People v. Colemangreen
ill · 1998 · cited in 1 Illinois opinions naming this issue, 2016–2016
11
People v. Boosegreen
ill · 1977 · cited in 1 Illinois opinions naming this issue, 2009–2009
11
Johns v. Klecangreen
illappct · 1990 · cited in 1 Illinois opinions naming this issue, 2000–2000
11
People v. Hoskinsgreen
illappct · 1992 · cited in 1 Illinois opinions naming this issue, 1993–1993
11
Catherwood v. Hokansongreen
illappct · 1916 · cited in 1 Illinois opinions naming this issue, 1992–1992
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 (49)

CaseCitedYears
Apprendi v. New Jersey green
scotus · 2000
2 sentences

2002Since judges are permitted to exercise discretion in imposing a sentence within a range prescribed by statute, based on a consideration of factors related both to the offense and to the offender (see Apprendi, 530 U.S. at 481 , 147 L.

2002Since judges are permitted to exercise discretion in imposing a sentence within a range prescribed by statute, based on a consideration of factors related both to the offense and to the offender (see Apprendi, 530 U.S. at 481 , 147 L.

42001–2002
People v. Hillier green
ill · 2010
2 sentences

2021Hillier, 237 Ill. 2d at 545 .

2021Hillier, 237 Ill. 2d at 545 .

32020–2021
In Re Marriage of Selinger green
illappct · 2004
2 sentences

2019The court did not believe the old law should apply as there had "been a finality and then there [are] new circumstances that arrive[d]." The court found convincing other Fourth District cases involving lengthy marriages and income disparities where this court concluded it was an abuse of discretion to order only rehabilitative maintenance: In re Marriage of Selinger , 351 Ill.

2019The court did not believe the old law should apply as there had “been a finality and then there [are] new circumstances that arrive[d].” The court found convincing other Fourth District cases involving lengthy marriages and income disparities where this court concluded it was an abuse of discretion to order only rehabilitative maintenance: In re Marriage of Selinger, 351 Ill.

22019–2019
Crane Erectors & Riggers, Inc. v. La Salle National Bank green
illappct · 1984
2 sentences

2017Id. at 662 . ¶ 26 Moreover, the consideration of these factors would not change our view.

2016Id. at 662 . ¶ 26 Moreover, the consideration of these factors would not change our view.

22016–2017
Patsis v. Zion-Benton Township High School, No. 126 green
illappct · 1992
2 sentences

2009Regarding the plaintiff's motion for voluntary dismissal, the court said, "[The plaintiff] noted that another action was pending which was a better, if not required, forum for the consideration of his claim and that the consideration of his claim in that action would serve judicial economy." Patsis, 234 Ill.

2009Regarding the plaintiffs motion for voluntary dismissal, the court said, “[The plaintiff] noted that another action was pending which was a better, if not required, forum for the consideration of his claim and that the consideration of his claim in that action would serve judicial economy.” Patsis, 234 Ill.

22009–2009
Diversified Financial Systems, Inc. v. Boyd green
illappct · 1997
2 sentences

2007Diversified Financial Systems, Inc., 286 Ill.App.3d at 916 , 222 Ill.Dec. 696 , 678 N.E.2d 308 .

2007Diversified Financial Systems, Inc., 286 Ill.App.3d at 916 , 222 Ill.Dec. 696 , 678 N.E.2d 308 .

22007–2007
People v. Coleman green
ill · 1995
2 sentences

2006Coleman, 168 Ill. 2d at 522-23 .

2006Coleman, 168 Ill. 2d at 522-23 .

22006–2006
In Re Marriage of Bussey green
ill · 1985
2 sentences

2003In re Marriage of Bussey, 108 Ill. 2d at 297 , 483 N.E.2d at 1234 ; see In re Marriage of Ackerley, 333 Ill.

2003In re Marriage of Bussey, 108 Ill. 2d at 297 , 483 N.E.2d at 1234 ; see In re Marriage of Ackerley, 333 Ill.

22003–2003
Pate v. Robinson green
scotus · 1966
2 sentences

2000We recognize that a trial judge cannot rely on trial demeanor to dispense with a fitness hearing in the face of evidence of a bona fide doubt of defendant’s fitness (Pate, 383 U.S. at 385-86 , 15 L.

2000We recognize that a trial judge cannot rely on trial demeanor to dispense with a fitness hearing in the face of evidence of a bona fide doubt of defendant’s fitness (Pate, 383 U.S. at 385-86 , 15 L.

22000–2000
People v. Sakalas green
illappct · 1980
2 sentences

1992People v. Sakalas (1980), 85 Ill.App.3d 59 , 40 Ill.Dec. 29 , 405 N.E.2d 1121 .

1992People v. Sakalas (1980), 85 Ill.App.3d 59 , 40 Ill.Dec. 29 , 405 N.E.2d 1121 .

21992–1992
Leader v. Cullerton green
ill · 1976
2 sentences

1976I would remand this case to the circuit court for a determination of the attorney’s fees and executor’s fees upon a standard relating solely to the reasonable value of such services and upon a consideration of the factors enumerated in Leader v. Cullerton (1976), 62 Ill. 2d 483 , 343 N.E.2d 897 .

1976I would remand this case to the circuit court for a determination of the attorney’s fees and executor’s fees upon a standard relating solely to the reasonable value of such services and upon a consideration of the factors enumerated in Leader v. Cullerton (1976), 62 Ill. 2d 483 , 343 N.E.2d 897 .

21976–1976
Barry v. Commonwealth Edison Co. green
ill · 1940
2 sentences

1944The rule in such cases is set out in Barry v. Commonwealth Edison Co. 374 Ill. 473 , as follows: “In the consideration of the doctrine of res judicata or estoppel it must be noted that there is a wide difference between the effect of a judgment or ruling as a bar against the prosecution of a second action between the same parties upon the same claim or demand, and its effect, as an estoppel, in another action between the same parties upon a different claim or demand; in the former it is conclusive not only as to every matter which was offered to sustain or defeat the claim or demand, but as to

1942The law on the subject is clearly and concisely stated in Barry v. Commonwealth Edison Co., 374 Ill. 473 , 478: “At the outset in the consideration of the doctrine of res judicata or estoppel it must be noted that there is a wide difference between the effect of a judgment or ruling as a bar against the prosecution of a second action between the same parties upon the same claim or demand, and its effect, as an estoppel, in another action between the same parties upon a different claim or demand; in the former it is conclusive not only as to every matter which was offered to sustain or defeat t

21942–1944
Markley v. People ex rel. Kochersperger green
ill · 1898
2 sentences

1942(Markley v. People, 171 Ill. 260 ; Baldwin v. Hanecy, 204 id. 281 ; Harding Co. v. Harding, 352 id. 417.) Where, however, the second action between the parties is upon a different claim or demand, the judgment or ruling in the trial action operates as an estoppel only as to those matters in issue or points controverted upon the determination of which the finding or verdict was rendered.

1942(Markley v. People, 171 Ill. 260 ; Baldwin v. Hanecy, 204 id. 281 ; Harding Co. v. Harding, 352 id. 417.) Where, however, the second action between the parties is upon a different claim or demand, the judgment or ruling in the trial action operates as an estoppel only as to those matters in issue or points controverted upon the determination of which the finding or verdict was rendered.

21940–1942
People v. Sutton green
ill · 2009
12025–2025
People v. Dabbs green
ill · 2010
12024–2024
People v. Thompson green
ill · 2010
12021–2021
Strickland v. Washington green
scotus · 1984
12020–2020
People v. Domagala green
ill · 2013
12020–2020
Tosado v. Miller green
ill · 1999
12019–2019
People v. Walston green
illappct · 2008
12019–2019
People v. Fleming green
illappct · 2014
12019–2019
Carter v. SSC Odin Operating Company green
ill · 2012
12016–2016
Miles v. Christensen green
indctapp · 2000
12011–2011
Maryland v. Wilson green
scotus · 1997
11998–1998
Austin View Civic Ass'n v. City of Palos Heights green
illappct · 1980
11998–1998
Deibert v. Bauer Bros. Const. Co., Inc. green
ill · 1990
11994–1994
People v. Page green
ill · 1993
11993–1993
Brotherhood Mutual Insurance v. Roseth green
illappct · 1988
11991–1991
People v. Compton green
illappct · 1990
11991–1991
Christian v. Christian green
illappct · 1979
11990–1990
People v. Butts green
illappct · 1985
11990–1990
People v. Perruquet green
ill · 1977
11990–1990
Board of Education of Springfield School District No. 186 v. Scott green
illappct · 1969
11989–1989
People v. Walker green
illappct · 1987
11988–1988
In Re Marriage of Wilder green
illappct · 1984
11985–1985
Gideon v. Wainwright green
scotus · 1963
11984–1984
A. E. Staley Manufacturing Co. v. Swift & Co. green
ill · 1980
11982–1982
Pfendler v. Anshe Emet Day School green
illappct · 1980
11982–1982
Citizens Utilities Co. v. Illinois Commerce Commission green
ill · 1971
11980–1980
People v. Dukett green
ill · 1974
11980–1980

Statutes the citing opinions construe

IL § 720 ILCS 5/12-3.05 (6) IL § 730 ILCS 5/5-5-3.2 (6) IL § 730 ILCS 5/5-8-1 (6) IL § 720 ILCS 5/9-1 (5) IL § 720 ILCS 570/401 (5) IL § 725 ILCS 5/122-1 (5) IL § 730 ILCS 5/5-4.5-25 (5) IL § 735 ILCS 5/2-619 (5) IL § 750 ILCS 5/510 (5) IL § 720 ILCS 570/405 (4) IL § 735 ILCS 5/2-619.1 (4)

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

CA 119 (1856–2026) NY 105 (1843–2025) IL 104 (1883–2026) CT 74 (1941–2026) OH 68 (1903–2026) AL 67 (1855–2015) PA 65 (1923–2026) TX 64 (1884–2025) IN 45 (1857–2026) MI 42 (1908–2023) MO 37 (1876–2024) TN 35 (1986–2022) OR 34 (1888–2026) FL 32 (1879–2021) NJ 32 (1951–2022) VA 31 (1919–2026) GA 30 (1898–2021) NC 29 (1883–2021) WA 28 (1895–2025) KY 28 (1858–2026) LA 24 (1937–2024) MA 24 (1860–2023) MD 23 (1909–2016) AR 20 (1909–2026) CO 20 (1890–2025) WI 19 (1892–2022) MN 18 (1887–2018) SC 16 (1941–2022) ID 16 (1932–2019) UT 14 (1901–2025) NM 13 (1939–2021) WV 13 (1904–2026) IA 12 (1876–2021) RI 12 (1971–2014) OK 12 (1919–2010) MS 10 (1909–2025) AZ 10 (1989–2023) DC 9 (1988–2008) MT 9 (1929–2020) NE 9 (1906–2025) KS 9 (1963–2022) WY 7 (1912–2025) ME 6 (1969–2023) DE 6 (1962–2018) VT 6 (1850–2023) AK 4 (1986–2020) NH 3 (1984–2013) HI 3 (1920–2013) NV 3 (2013–2022) ND 3 (1919–2001) SD 2 (1959–2019) PR 2 (1916–1954)

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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