aggravating factor factors in Illinois

11 Illinois opinions name it 2 courts 1984–2003 0 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)

Case	Followed	Cited
People v. Swiftgreen ill · 2002 · cited in 2 Illinois opinions naming this issue, 2003–2003 2 sentences 2003See, e.g., People v. Swift, 202 Ill. 2d 378, 392 (2002) (finding that defendant’s crime was brutal and heinous unconstitutionally made by a trial judge). 2003See, e.g., People v. Swift, 202 Ill.2d 378, 392 , 269 Ill.Dec. 495 , 781 N.E.2d 292 (2002) (finding that defendant's crime was brutal and heinous unconstitutionally made by a trial judge).	2	2
People v. Piercegreen illappct · 1992 · cited in 2 Illinois opinions naming this issue, 2002–2002 2 sentences 2002People v. Pierce, 223 Ill. 2002People v. Pierce , 223 Ill.	2	2

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (8)

Case	Cited	Years
Oats v. State green fla · 1984 2 sentences 2003The court held: “Although the use of this aggravating factor was in error at the time it was found, and we therefore disallow it, were we to remand for a new penalty phase trial the jury could properly consider evidence of the later, valid conviction.” Oats, 446 So. 2d at 95 . 2003The court held: “Although the use of this aggravating factor was in error at the time it was found, and we therefore disallow it, were we to remand for a new penalty phase trial the jury could properly consider evidence of the later, valid conviction.” Oats , 446 So. 2d at 95 .	2	2003–2003
People v. Ulmer green illappct · 1987 2 sentences 1988App.3d 1, 8 , 517 N.E.2d 667 .) If the trial court mentions an aggravating factor or factors, it will be presumed that the court considered any mitigation evidence as well, absent any indication in the record to the contrary, other than the length of the sentence. ( People v. Ulmer (1987), 158 Ill. 1987(People v. Meeks (1980), 81 Ill. 2d 524, 534 .) Furthermore, “if the trial court has articulated an aggravating factor or factors, it will be presumed that the trial court has considered any mitigation evidence as well, absent any indication to the contrary, other than the length of the sentence.” (People v. Ulmer (1987), 158 Ill.	2	1987–1988
Charles R. Campbell v. Larry Kincheloe green ca9 · 1987 2 sentences 1990The Adamson court acknowledged this distinction. ( 865 F.2d at 1043 n.51 (distinguishing Campbell v. Kincheloe (9th Cir. 1987), 829 F.2d 1453 ).) The Campbell court, which was also a panel from the Ninth Circuit, affirmed the constitutionality of the Washington capital punishment statute regardless of the fact that it too requires the court to impose the death sentence if it cannot find “sufficient mitigating circumstances to merit leniency.” ( 829 F.2d at 1466 .) In light of this, we are not persuaded that we should abandon a wealth of precedent that establishes that the Illinois death penalt 1990The Adamson court acknowledged this distinction. ( 865 F.2d at 1043 n.51 (distinguishing Campbell v. Kincheloe (9th Cir. 1987), 829 F.2d 1453 ).) The Campbell court, which was also a panel from the Ninth Circuit, affirmed the constitutionality of the Washington capital punishment statute regardless of the fact that it too requires the court to impose the death sentence if it cannot find “sufficient mitigating circumstances to merit leniency.” ( 829 F.2d at 1466 .) In light of this, we are not persuaded that we should abandon a wealth of precedent that establishes that the Illinois death penalt	1	1990–1990
John Harvey Adamson v. James G. Ricketts, Director, Arizona Department of Corrections green ca9 · 1988 2 sentences 1990The Adamson court acknowledged this distinction. ( 865 F.2d at 1043 n.51 (distinguishing Campbell v. Kincheloe (9th Cir. 1987), 829 F.2d 1453 ).) The Campbell court, which was also a panel from the Ninth Circuit, affirmed the constitutionality of the Washington capital punishment statute regardless of the fact that it too requires the court to impose the death sentence if it cannot find “sufficient mitigating circumstances to merit leniency.” ( 829 F.2d at 1466 .) In light of this, we are not persuaded that we should abandon a wealth of precedent that establishes that the Illinois death penalt 1990The Adamson court acknowledged this distinction. ( 865 F.2d at 1043 n. 51 (distinguishing Campbell v. Kincheloe (9th Cir. 1987), 829 F.2d 1453 ).) The Campbell court, which was also a panel from the Ninth Circuit, affirmed the constitutionality of the Washington capital punishment statute regardless of the fact that it too requires the court to impose the death sentence if it cannot find "sufficient mitigating *75 circumstances to merit leniency." ( 829 F.2d at 1466 .) In light of this, we are not persuaded that we should abandon a wealth of precedent that establishes that the Illinois death p	1	1990–1990
People v. Halstead green illappct · 1987 2 sentences 1988App. 3d 1, 8 , 517 N.E.2d 667 .) If the trial court mentions an aggravating factor or factors, it will be presumed that the court considered any mitigation evidence as well, absent any indication in the record to the contrary, other than the length of the sentence. 1988App.3d 1, 8 , 517 N.E.2d 667 .) If the trial court mentions an aggravating factor or factors, it will be presumed that the court considered any mitigation evidence as well, absent any indication in the record to the contrary, other than the length of the sentence. ( People v. Ulmer (1987), 158 Ill.	1	1988–1988
People v. Meeks green ill · 1980 1 sentence 1987(People v. Meeks (1980), 81 Ill. 2d 524, 534 .) Furthermore, “if the trial court has articulated an aggravating factor or factors, it will be presumed that the trial court has considered any mitigation evidence as well, absent any indication to the contrary, other than the length of the sentence.” (People v. Ulmer (1987), 158 Ill.	1	1987–1987
People v. Baker green illappct · 1983 2 sentences 1987(People v. Baker (1983), 114 Ill. 1987In addition, if the trial court has articulated an aggravating factor or factors, it will be presumed that the trial court has considered any mitigation evidence as well, absent any indication to the contrary, other than the length of the sentence. ( People v. Baker (1983), 114 Ill.	1	1987–1987
Barclay v. Florida green scotus · 1983 2 sentences 1984For the first alternative requirement, defendant relies upon Barclay v. Florida (1983), 463 U.S. 939 , 77 L. 1984For the first alternative requirement, defendant relies upon Barclay v. Florida (1983), 463 U.S. 939 , 77 L.	1	1984–1984

Where else courts name it

CA 20 (1993–2026) IL 11 (1984–2003) CO 7 (1988–1999) FL 6 (1998–2017) NJ 6 (1988–2009) IN 5 (1995–2016) CT 5 (2000–2011) MS 4 (1986–1997) NC 4 (1984–1994) WA 3 (2001–2019) NY 3 (1997–1998) TN 2 (1998–2010) PA 2 (2005–2026) AK 2 (2007–2007) IA 2 (2020–2020)

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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