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13 Illinois opinions name it 2 courts 1986–2023 3 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.
| Case | Followed | Cited |
|---|---|---|
People v. Ballardgreen2 sentences2020See People v. Hiller, 237 Ill. 2d 539 , 544- 45 (2010) (defendant forfeited objection to sex offender evaluation, when he failed to object either when trial court stated it was ordering it or when it was later admitted at the sentencing hearing); People v. Ballard, 206 Ill. 2d 151, 192 (2002). ¶ 42 At the start of the sentencing hearing at bar, the trial court found that “the only thing that we’re here to do is resentence, as far as I’m concerned ***. 2020People v. Ballard, 206 Ill. 2d 151, 192 (2002); People v. Enoch, 122 Ill. 2d 176, 186-87 (1988) (the failure to object to an alleged error at trial and raise the issue in a posttrial motion ordinarily results in the forfeiture of the issue on appeal). | 3 | 3 |
People v. Hilliergreen2 sentences2020See People v. Hiller, 237 Ill. 2d 539 , 544- 45 (2010) (defendant forfeited objection to sex offender evaluation, when he failed to object either when trial court stated it was ordering it or when it was later admitted at the sentencing hearing); People v. Ballard, 206 Ill. 2d 151, 192 (2002). ¶ 42 At the start of the sentencing hearing at bar, the trial court found that “the only thing that we’re here to do is resentence, as far as I’m concerned ***. 2020See People v. Hillier, 237 Ill. 2d 539, 544-45 (2010) (holding that, to preserve claims for appeal, a defendant must make both a contemporaneous objection and file a written postsentencing motion raising the issue). | 3 | 3 |
People v. Enochgreen2 sentences2020People v. Ballard, 206 Ill. 2d 151, 192 (2002); People v. Enoch, 122 Ill. 2d 176, 186-87 (1988) (the failure to object to an alleged error at trial and raise the issue in a posttrial motion ordinarily results in the forfeiture of the issue on appeal). 1993(Enoch, 122 Ill. 2d at 186 , 522 N.E.2d at 1130 .) Courts apply the plain error doctrine to redress “serious injustices which have been done to the defendant.” (People v. Carlson (1980), 79 Ill. 2d 564, 576 , 404 N.E.2d 233, 238 .) “Rule 615(a) does not operate in the nature of a general saving clause preserving for review all errors affecting substantial rights whether or not they have been brought to the attention of the trial court. | 1 | 2 |
People v. McNultygreen1 sentence2023See People v. McNulty, 383 Ill. | 1 | 1 |
People v. Conovergreen1 sentence2020See People v. Conover, 84 Ill. 2d 400, 405 (1981) (remanding where the Illinois Supreme Court was unable to determine how much weight the trial court accorded an improper factor during sentencing). ¶ 18 As an initial matter, the State argues defendant forfeited review of his excessive sentencing claim because he failed to contemporaneously object to the issue at the sentencing hearing. | 1 | 1 |
People v. Bakergreen1 sentence1990See People v. Baker (1983), 114 Ill. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Krankel
green
1 sentence2022Flowers asserted that he tried to raise this issue at the sentencing hearing, but the trial judge did not appoint another attorney to argue the issue, which violated People v. Krankel, 102 Ill. 2d 181 (1984). | 1 | 2022–2022 |
People v. Walker
green
1 sentence2022Plain Error ¶ 24 A defendant’s forfeited claim may be reviewed under the plain-error doctrine in either of two instances: “(1) when ‘a clear or obvious error occurred and the evidence is so closely balanced that the error alone threatened to tip the scales of justice against the defendant, regardless of the seriousness of the error,’ or (2) when ‘a clear or obvious error occurred and that error is so serious that it affected the fairness of the defendant’s trial and challenged the integrity of the judicial process, regardless of the closeness of the evidence.’ ” People v. Walker, 2021 IL App ( | 1 | 2022–2022 |
People v. Fields
green
1 sentence2022Flowers also cited People v. Fields, 2013 IL App (2d) 120945 , noting that in that case, the trial court violated the defendant’s right to be represented by counsel by converting a Krankel hearing into an evidentiary hearing. | 1 | 2022–2022 |
People v. Sebby
green
2 sentences2022Plain Error ¶ 24 A defendant’s forfeited claim may be reviewed under the plain-error doctrine in either of two instances: “(1) when ‘a clear or obvious error occurred and the evidence is so closely balanced that the error alone threatened to tip the scales of justice against the defendant, regardless of the seriousness of the error,’ or (2) when ‘a clear or obvious error occurred and that error is so serious that it affected the fairness of the defendant’s trial and challenged the integrity of the judicial process, regardless of the closeness of the evidence.’ ” People v. Walker, 2021 IL App ( 2022Plain Error ¶ 24 A defendant’s forfeited claim may be reviewed under the plain-error doctrine in either of two instances: “(1) when ‘a clear or obvious error occurred and the evidence is so closely balanced that the error alone threatened to tip the scales of justice against the defendant, regardless of the seriousness of the error,’ or (2) when ‘a clear or obvious error occurred and that error is so serious that it affected the fairness of the defendant’s trial and challenged the integrity of the judicial process, regardless of the closeness of the evidence.’ ” People v. Walker, 2021 IL App ( | 1 | 2022–2022 |
People v. Carlson
green
2 sentences1993(Enoch, 122 Ill. 2d at 186 , 522 N.E.2d at 1130 .) Courts apply the plain error doctrine to redress “serious injustices which have been done to the defendant.” (People v. Carlson (1980), 79 Ill. 2d 564, 576 , 404 N.E.2d 233, 238 .) “Rule 615(a) does not operate in the nature of a general saving clause preserving for review all errors affecting substantial rights whether or not they have been brought to the attention of the trial court. 1993(Enoch, 122 Ill. 2d at 186 , 522 N.E.2d at 1130 .) Courts apply the plain error doctrine to redress “serious injustices which have been done to the defendant.” (People v. Carlson (1980), 79 Ill. 2d 564, 576 , 404 N.E.2d 233, 238 .) “Rule 615(a) does not operate in the nature of a general saving clause preserving for review all errors affecting substantial rights whether or not they have been brought to the attention of the trial court. | 1 | 1993–1993 |
People v. Jaffe
green
1 sentence1992App. 3d 840, 859 , 493 N.E.2d 600 .) Because defendant in the case sub judiee failed to raise the issue at the sentencing hearing that the State failed to meet its burden of proof regarding when the second felony was committed, this issue is waived. | 1 | 1992–1992 |
People v. Shiflet
green
1 sentence1988(See also People v. Shiflet (1984), 125 Ill. | 1 | 1988–1988 |
People v. Lyles
green
2 sentences1987(People v. Lyles (1985), 106 Ill. 2d 373, 417 .) Moreover, Dr. Tuteur’s report said: “[The defendant] was fully informed that the examination about to begin is based on a State Motion whereby the Defendant is ordered to submit to this examination. 1987In Estelle v. Smith (1981), 451 U.S. 454, 468 , 68 L.Ed.2d 359, 372 , 101 S.Ct. 1866, 1876 , the Supreme Court held: "A criminal defendant, who neither initiates *458 a psychiatric evaluation nor attempts to introduce any psychiatric evidence, may not be compelled to respond to a psychiatrist if his statements can be used against him at a capital sentencing hearing." Here, the defendant made his psychological condition an issue at the sentencing hearing, and therefore he may be considered to have waived any objection to the introduction of relevant information on that question. ( People v. Lyl | 1 | 1987–1987 |
Estelle v. Smith
green
2 sentences1987Ed. 2d 359 , .372, 101 S. Ct. 1866, 1876 , the Supreme Court held: “A criminal defendant, who neither initiates a psychiatric evaluation nor attempts to introduce any psychiatric evidence, may not be compelled to respond to a psychiatrist if his statements can be used against him at a capital sentencing hearing.” Here, the defendant made his psychological condition an issue at the sentencing hearing, and therefore he may be considered to have waived any objection to the introduction of relevant information on that question. 1987In Estelle v. Smith (1981), 451 U.S. 454, 468 , 68 L.Ed.2d 359, 372 , 101 S.Ct. 1866, 1876 , the Supreme Court held: "A criminal defendant, who neither initiates *458 a psychiatric evaluation nor attempts to introduce any psychiatric evidence, may not be compelled to respond to a psychiatrist if his statements can be used against him at a capital sentencing hearing." Here, the defendant made his psychological condition an issue at the sentencing hearing, and therefore he may be considered to have waived any objection to the introduction of relevant information on that question. ( People v. Lyl | 1 | 1987–1987 |
People v. Pickett
green
2 sentences1986(People v. Friesland (1985), 109 Ill. 2d 369 , 488 N.E.2d 261 ; People v. Pickett (1973), 54 Ill. 2d 280 , 296 N.E.2d 856 .) Defendant has waived review of this issue. 1986(People v. Friesland (1985), 109 Ill. 2d 369 , 488 N.E.2d 261 ; People v. Pickett (1973), 54 Ill. 2d 280 , 296 N.E.2d 856 .) Defendant has waived review of this issue. | 1 | 1986–1986 |
People v. Friesland
green
2 sentences1986(People v. Friesland (1985), 109 Ill. 2d 369 , 488 N.E.2d 261 ; People v. Pickett (1973), 54 Ill. 2d 280 , 296 N.E.2d 856 .) Defendant has waived review of this issue. 1986(People v. Friesland (1985), 109 Ill. 2d 369 , 488 N.E.2d 261 ; People v. Pickett (1973), 54 Ill. 2d 280 , 296 N.E.2d 856 .) Defendant has waived review of this issue. | 1 | 1986–1986 |
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.
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.