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12 Illinois opinions name it 2 courts 2020–2026 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.
| Case | Followed | Cited |
|---|---|---|
People v. Brunnergreen2 sentences2025Notably, “an abusive childhood [and] mental-health problems *** are not set forth in the list of mitigating factors in section 5-5-3.1(a) of the Unified Code that ‘shall be accorded weight in favor of withholding or minimizing a sentence of imprisonment.’ ” People v. Brunner, 2012 IL App (4th) 100708, ¶ 64 (quoting 730 ILCS 5/5-5-3.1(a) (West 2006)); see also People v. Holman, 2014 IL App (3d) 120905, ¶ 75 (A “trial court [is] not required to view [the] defendant’s history of mental health issues *** or [the] defendant’s troubled childhood as mitigating in nature.”). 2022See People v. Brunner, 2012 IL App (4th) 100708, ¶ 64 (“an abusive childhood, mental-health problems, and substance-abuse issues are not set forth in the list of mitigating factors in section 5-5-3.1(a)” of the Unified Code of Corrections). ¶ 42 Finally, defendant is correct that the trial court did not explicitly discuss the cost of incarcerating him.2 See 730 ILCS 5/5-4-1(a)(3) (West 2018) (requiring the sentencing court to 2 Defendant references a press release of the American Civil Liberties Union in support of this claim of sentencing error. | 4 | 4 |
People v. Buffergreen2 sentences2026Id. at 483 . ¶ 69 After Miller, the General Assembly enacted section 5-4.5-105(a) (730 ILCS 5/5-4.5-105 (West 2016)), which contains a list of mitigating factors “taken from and *** consistent with Miller[ ].” Buffer, 2019 IL 122327, ¶ 36 . 2022Recently, in Jones v. Mississippi, 593 U.S. ___ , ___, 141 S. Ct. 1307, 1318 (2021), the Supreme Court explained the Montgomery decision did not require the sentencing court to make a separate factual finding of permanent incorrigibility to impose a discretionary life sentence. ¶ 29 After the Miller decision, the Illinois legislature enacted section 5-4.5-105 of the Unified Code (730 ILCS 5/5-4.5-105 (West 2016)), which contains a list of mitigating factors “taken from and *** consistent with Miller’s discussion of a juvenile defendant’s youth and its attendant characteristics.” People v. Buff | 1 | 3 |
People v. Bakergreen1 sentence2025Additionally, “[a]lthough the Illinois Constitution requires a court to consider a defendant’s rehabilitative -8- potential, it does not require the court to give greater weight to rehabilitation than to the seriousness of the offense.” People v. Baker, 241 Ill. | 1 | 1 |
People v. Holmangreen1 sentence2025Notably, “an abusive childhood [and] mental-health problems *** are not set forth in the list of mitigating factors in section 5-5-3.1(a) of the Unified Code that ‘shall be accorded weight in favor of withholding or minimizing a sentence of imprisonment.’ ” People v. Brunner, 2012 IL App (4th) 100708, ¶ 64 (quoting 730 ILCS 5/5-5-3.1(a) (West 2006)); see also People v. Holman, 2014 IL App (3d) 120905, ¶ 75 (A “trial court [is] not required to view [the] defendant’s history of mental health issues *** or [the] defendant’s troubled childhood as mitigating in nature.”). | 1 | 1 |
Jones v. Mississippigreen1 sentence2022Recently, in Jones v. Mississippi, 593 U.S. ___ , ___, 141 S. Ct. 1307, 1318 (2021), the Supreme Court explained the Montgomery decision did not require the sentencing court to make a separate factual finding of permanent incorrigibility to impose a discretionary life sentence. ¶ 29 After the Miller decision, the Illinois legislature enacted section 5-4.5-105 of the Unified Code (730 ILCS 5/5-4.5-105 (West 2016)), which contains a list of mitigating factors “taken from and *** consistent with Miller’s discussion of a juvenile defendant’s youth and its attendant characteristics.” People v. Buff | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Atkins v. Virginia
green
2 sentences2023As we stated in Coty, however, “[p]resumably, our own legislature considered those intellectual deficits in adding ‘intellectually disabled’ to the list of mitigating factors to be considered at sentencing.” Id. ¶ 76 Here, defendant’s sentencing hearing included consideration of defendant’s mental disabilities as a mitigating factor, albeit in the context of a discretionary prison sentence, rather than capital punishment. 2020Id. at 320 . 9 Presumably, our own legislature considered those intellectual deficits in adding “intellectually disabled” to the list of mitigating factors to be considered in sentencing. | 2 | 2020–2023 |
People v. Hunter
green
2 sentences2020However, our supreme court has found that “the trial court’s obligation set forth in subsection (a)” to consider these additional factors is temporally limited by “language in that same subsection.” People v. Hunter, 2017 IL 121306, ¶ 48 ; People ex rel. 2020However, our supreme court has found that “the trial court’s obligation set forth in subsection (a)” to consider these additional factors is temporally limited by “language in that same subsection.” People v. Hunter, 2017 IL 121306, ¶ 48 ; People ex rel. | 2 | 2020–2020 |
Ramirez v. Chicago Board of Election Commissioners
green
2 sentences2020Ramirez v. Chicago Board of Election Commissioners, 2020 IL App (1st) 200240, ¶ 11 . ¶ 152 Section 5-4.5-105(a) requires a trial court to consider an additional list of mitigating factors at a juvenile’s sentencing hearing. 730 ILCS 5/5-4.5-105 (West 2016). 2020Ramirez v. Chicago Board of Election Commissioners, 2020 IL App (1st) 200240, ¶ 11 . ¶ 152 Section 5-4.5-105(a) requires a trial court to consider an additional list of mitigating factors at a juvenile’s sentencing hearing. 730 ILCS 5/5-4.5-105 (West 2016). | 2 | 2020–2020 |
Miller v. Alabama
green
1 sentence2026Id. at 483 . ¶ 69 After Miller, the General Assembly enacted section 5-4.5-105(a) (730 ILCS 5/5-4.5-105 (West 2016)), which contains a list of mitigating factors “taken from and *** consistent with Miller[ ].” Buffer, 2019 IL 122327, ¶ 36 . | 1 | 2026–2026 |
People v. Coty
green
1 sentence2024Coty, 2020 IL 123972, ¶ 33 ; see Pub. | 1 | 2024–2024 |
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.