claimed sentencing error (Illinois) · Go Syfert
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claimed sentencing error in Illinois

12 Illinois opinions name it 2 courts 2017–2025 5 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 (2)

CaseFollowedCited
People v. Heidergreen
ill · 2008 · cited in 2 Illinois opinions naming this issue, 2024–2025
2 sentences

2025See Heider, 231 Ill. 2d at 18 (finding issue was preserved where - 10 - trial court had the opportunity to review the substance of the claimed sentencing error).

2024People v. Heider, 231 Ill. 2d 1, 18 (2008).

22
People v. Thompsongreen
ill · 2015 · cited in 1 Illinois opinions naming this issue, 2017–2017
1 sentence

2017See also People v. Thompson, 2015 IL 118151, ¶ 33 (stating that after Castleberry, it is “no longer valid” to argue that a sentence that does not conform to a statutory requirement is void). ¶ 18 As directed by this court, both parties filed supplemental briefs addressing whether Castleberry applies to matters on collateral review.

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 (2)

CaseCitedYears
People v. Price green
ill · 2016
2 sentences

2025However, Castleberry eliminated the ability of appellate courts to sua sponte correct statutorily nonconforming sentences and eliminated a defendant’s ability to “rely on the void sentence rule to overcome forfeiture of a claimed sentencing error or challenge a statutorily nonconforming sentence in perpetuity.” People v. Price, 2016 IL 118613 , ¶ 17.

2022“After Castleberry, a reviewing court may no longer, sua sponte, correct a statutorily nonconforming sentence [citation], the State may no longer seek to correct such a sentence on direct review but must seek a writ of mandamus to do so [citation], and a defendant may no longer rely on the void sentence rule to overcome forfeiture of a claimed sentencing error or to challenge a statutorily nonconforming sentence in perpetuity [citation].” Id.

92017–2025
People v. Smith green
illappct · 2016
1 sentence

2020Moreover, while the Act permits the filing of a successive petition, “[a] defendant must establish cause and prejudice as to each individual claim asserted in a successive postconviction petition to escape dismissal under the doctrine of res judicata and waiver. [Citations.]” People v. Smith, 2016 IL App (1st) 140887 , appeal denied, judgment vacated, abrogated by Price, 2016 IL 118613 .

12020–2020

Statutes the citing opinions construe

IL § 735 ILCS 5/2-1401 (6) IL § 725 ILCS 5/122-1 (5) IL § 730 ILCS 5/5-5-3 (5) IL § 720 ILCS 5/12-4 (3) IL § 720 ILCS 5/31-1 (3) IL § 730 ILCS 5/3-6-3 (3) IL § 730 ILCS 5/5-4.5-95 (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 12 (2017–2025) OH 9 (2012–2026) CA 3 (1980–2004) CT 2 (2016–2017) WA 2 (1996–1996) FL 2 (1992–1999)

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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