Pearce rule (Illinois) · Go Syfert
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Pearce rule in Illinois

11 Illinois opinions name it 2 courts 1985–2019 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)

CaseFollowedCited
Waicekauskas v. Burkegreen
illappct · 2002 · cited in 2 Illinois opinions naming this issue, 2017–2018
2 sentences

2018See Waicekauskas, 336 Ill.

2018See Waicekauskas, 336 Ill.

22
People v. Kilpatrickgreen
ill · 1995 · cited in 2 Illinois opinions naming this issue, 2007–2007
2 sentences

2007The Pearce rule was recognized and applied by this court in People v. Baze (1969), 43 Ill. 2d 298 , and People v. Rivera (1995), 166 Ill. 2d 279 . * * * *** By its express terms, section 5 — 8—1(c) forbids the increase in a sentence once it has been imposed.” People v. Kilpatrick, 167 Ill. 2d at 443-46 .

2007The Pearce rule was recognized and applied by this court in People v. Baze (1969), 43 Ill. 2d 298 , and People v. Rivera (1995), 166 Ill. 2d 279 . * * * *** By its express terms, section 5 — 8—1(c) forbids the increase in a sentence once it has been imposed.” People v. Kilpatrick, 167 Ill. 2d at 443-46 .

12

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 (4)

CaseCitedYears
The PEOPLE v. Baze green
ill · 1969
2 sentences

2007The Pearce rule was recognized and applied by this court in People v. Baze (1969), 43 Ill.2d 298 [ 253 N.E.2d 392 ], and People v. Rivera (1995), 166 Ill.2d 279 [ 209 Ill.

2007The Pearce rule was recognized and applied by this court in People v. Baze (1969), 43 Ill.2d 298 [ 253 N.E.2d 392 ], and People v. Rivera (1995), 166 Ill.2d 279 [ 209 Ill.

41985–2007
Alabama v. Smith green
scotus · 1989
2 sentences

2019Twenty years later, in Alabama v. Smith, 490 U.S. 794 (1989), the United States Supreme Court held that the Pearce presumption of vindictiveness does not apply when a sentence imposed after trial is greater than that previously imposed after a guilty plea.

2019Twenty years later, in Alabama v. Smith, 490 U.S. 794 (1989), the United States Supreme Court held that the Pearce presumption of vindictiveness does not apply when a sentence imposed after trial is greater than that previously imposed after a guilty plea.

31998–2019
North Carolina v. Pearce red
scotus · 1969
2 sentences

1995Ed. 2d at 670 , 89 S. Ct. at 2081 .) The Pearce rule was recognized and applied by this court in People v. Baze (1969), 43 Ill. 2d 298 , and People v. Rivera (1995), 166 Ill. 2d 279 .

1995Ed. 2d at 670 , 89 S. Ct. at 2081 .) The Pearce rule was recognized and applied by this court in People v. Baze (1969), 43 Ill. 2d 298 , and People v. Rivera (1995), 166 Ill. 2d 279 .

31995–2007
People v. Rivera green
ill · 1995
2 sentences

2007The Pearce rule was recognized and applied by this court in People v. Baze (1969), 43 Ill.2d 298 [ 253 N.E.2d 392 ], and People v. Rivera (1995), 166 Ill.2d 279 [ 209 Ill.

2007The Pearce rule was recognized and applied by this court in People v. Baze (1969), 43 Ill.2d 298 [ 253 N.E.2d 392 ], and People v. Rivera (1995), 166 Ill.2d 279 [ 209 Ill.

31995–2007

Statutes the citing opinions construe

IL § 730 ILCS 5/5-8-1 (5)

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

TX 49 (1975–2024) OH 24 (1997–2023) FL 17 (1985–2018) PA 14 (1976–2026) GA 14 (2005–2024) WI 12 (1983–2022) IL 11 (1985–2019) LA 10 (1987–2012) CT 10 (1985–2021) MD 9 (1980–2018) MA 8 (1970–2014) MI 7 (1976–2025) OR 7 (2010–2019) WA 7 (1989–2023) NY 6 (1977–2023) MO 6 (1977–2005) MT 5 (1980–2004) NJ 5 (1981–2000) ID 5 (1993–2024) KS 5 (1982–2022) IA 5 (2003–2011) NV 5 (2019–2025) SC 5 (1987–2002) UT 4 (2002–2013) HI 4 (2003–2025) NM 4 (1988–2022) VT 4 (1991–2015) CA 4 (1998–2021) AZ 4 (1986–2019) ME 3 (1983–1990) CO 3 (2007–2015) MS 3 (1985–2018) DC 2 (1985–2000) VA 2 (2003–2003) IN 2 (1986–2009) NE 2 (2006–2016) AL 2 (1984–1999) WY 2 (2011–2013) AK 2 (2005–2011) DE 2 (1978–1980) TN 2 (1990–1997) AR 2 (1998–2011) NH 2 (1982–1991) SD 2 (1986–2010)

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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