face of a constitutional challenge (Illinois) · Go Syfert
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face of a constitutional challenge in Illinois

9 Illinois opinions name it 2 courts 1984–2019 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 (8)

CaseFollowedCited
People v. Burpogreen
ill · 1995 · cited in 2 Illinois opinions naming this issue, 2014–2015
2 sentences

2015Accordingly, “an interpretation that renders a statute valid is always presumed to have been intended by the legislature.” Id. ¶ 34 A statute is unconstitutionally vague, and violates due process, “only if the terms of the statute are so ill-defined ‘that the ultimate decision as to its meaning rests on the opinions and whims of the trier of fact rather than any objective criteria or facts.’ ” People v. Molnar, 222 Ill. 2d 495, 524 (2006) (quoting People v. Burpo, 164 Ill. 2d 261, 265-66 (1995)).

2014Accordingly, "an interpretation that renders a statute valid is always presumed to have been intended by the legislature." Id. ¶ 34 A statute is unconstitutionally vague, and violates due process, "only if the terms of the statute are so ill-defined 'that the ultimate decision as to its meaning rests on the opinions and whims of the trier of fact rather than any objective criteria or facts.' " People v. Molnar, 222 Ill. 2d 495, 524 (2006) (quoting People v. Burpo, 164 Ill. 2d 261, 265-66 (1995)).

22
People v. Molnargreen
ill · 2006 · cited in 2 Illinois opinions naming this issue, 2014–2015
2 sentences

2015Accordingly, “an interpretation that renders a statute valid is always presumed to have been intended by the legislature.” Id. ¶ 34 A statute is unconstitutionally vague, and violates due process, “only if the terms of the statute are so ill-defined ‘that the ultimate decision as to its meaning rests on the opinions and whims of the trier of fact rather than any objective criteria or facts.’ ” People v. Molnar, 222 Ill. 2d 495, 524 (2006) (quoting People v. Burpo, 164 Ill. 2d 261, 265-66 (1995)).

2014Accordingly, "an interpretation that renders a statute valid is always presumed to have been intended by the legislature." Id. ¶ 34 A statute is unconstitutionally vague, and violates due process, "only if the terms of the statute are so ill-defined 'that the ultimate decision as to its meaning rests on the opinions and whims of the trier of fact rather than any objective criteria or facts.' " People v. Molnar, 222 Ill. 2d 495, 524 (2006) (quoting People v. Burpo, 164 Ill. 2d 261, 265-66 (1995)).

22
In Re TWgreen
ill · 1984 · cited in 2 Illinois opinions naming this issue, 2007–2007
2 sentences

2007I recognize that, in In re T.W., we upheld the amendment in the face of a constitutional challenge, on separation of powers grounds, holding that People v. Phillips, 66 Ill. 2d 412 (1977), was “dispositive of the issue.” See In re T.W., 101 Ill. 2d at 441.

2007I recognize that, in In re T.W., we upheld the amendment in the face of a constitutional challenge, on separation of powers grounds, holding that People v. Phillips, 66 Ill.2d 412 , 6 Ill.Dec. 215 , 362 N.E.2d 1037 (1977), was "dispositive of the issue." See In re T.W., 101 Ill.2d at 441 , 79 Ill.

22
People v. Ricegreen
illappct · 1993 · cited in 2 Illinois opinions naming this issue, 2012–2012
2 sentences

2012People v. Rice, 257 Ill.App.3d 220, 228-29 , 195 Ill.Dec. 373 , 628 N.E.2d 837 (1993) (rejecting constitutional challenge to life sentence imposed upon 16-year-old defendant with mild mental retardation). ¶ 68 We next consider the defendant's crimes; convictions on two counts of first degree murder.

2012People v. Rice, 257 Ill.App.3d 220, 228-29 , 195 Ill.Dec. 373 , 628 N.E.2d 837 (1993) (rejecting constitutional challenge to life sentence imposed upon 16-year-old defendant with mild mental retardation). ¶ 68 We next consider the defendant's crimes; convictions on two counts of first degree murder.

12
In Re JWgreen
ill · 2003 · cited in 1 Illinois opinions naming this issue, 2019–2019
1 sentence

2019In determining whether a statute violates due process, we must first " 'determine the nature of the right purportedly infringed upon by the statute.' " Id. (quoting In re J.W., 204 Ill. 2d 50, 66 (2003)).

11
Jackson v. City of Chicagogreen
illappct · 2012 · cited in 1 Illinois opinions naming this issue, 2019–2019
1 sentence

2019We resolve any doubts about a statute’s constitutionality in favor of its validity and we must affirm a statute in the face of a constitutional challenge so long as it is “ ‘reasonably capable of such a determination.’ ” Jackson v. City of Chicago, 2012 IL App (1st) 111044, ¶ 20 (quoting People v. One 1998 GMC, 2011 IL 110236, ¶ 20 ). ¶ 15 "Substantive due process bars the government from arbitrarily exercising its power without the reasonable justification of serving a legitimate interest." People v. Pollard, 2016 IL App (5th) 130514, ¶ 31 (citing Daniels v. Williams, 474 U.S. 327, 331 (1986)

11
People v. Pollardgreen
illappct · 2016 · cited in 1 Illinois opinions naming this issue, 2019–2019
1 sentence

2019We resolve any doubts about a statute’s constitutionality in favor of its validity and we must affirm a statute in the face of a constitutional challenge so long as it is “ ‘reasonably capable of such a determination.’ ” Jackson v. City of Chicago, 2012 IL App (1st) 111044, ¶ 20 (quoting People v. One 1998 GMC, 2011 IL 110236, ¶ 20 ). ¶ 15 "Substantive due process bars the government from arbitrarily exercising its power without the reasonable justification of serving a legitimate interest." People v. Pollard, 2016 IL App (5th) 130514, ¶ 31 (citing Daniels v. Williams, 474 U.S. 327, 331 (1986)

11
Daniels v. Williamsgreen
scotus · 1986 · cited in 1 Illinois opinions naming this issue, 2019–2019
2 sentences

2019We resolve any doubts about a statute’s constitutionality in favor of its validity and we must affirm a statute in the face of a constitutional challenge so long as it is “ ‘reasonably capable of such a determination.’ ” Jackson v. City of Chicago, 2012 IL App (1st) 111044, ¶ 20 (quoting People v. One 1998 GMC, 2011 IL 110236, ¶ 20 ). ¶ 15 "Substantive due process bars the government from arbitrarily exercising its power without the reasonable justification of serving a legitimate interest." People v. Pollard, 2016 IL App (5th) 130514, ¶ 31 (citing Daniels v. Williams, 474 U.S. 327, 331 (1986)

2019In determining whether a statute violates due process, we must first " 'determine the nature of the right purportedly infringed upon by the statute.' " Id. (quoting In re J.W., 204 Ill. 2d 50, 66 (2003)).

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 (6)

CaseCitedYears
People v. Bailey green
ill · 1995
2 sentences

2015When interpreting a statute in the face of a constitutional challenge, we must remember to “ascertain and give effect to the legislature’s intent in enacting the statute.” Bailey, 167 Ill. 2d at 225 .

2015Accordingly, “an interpretation that renders a statute valid is always presumed to have been intended by the legislature.” Id. ¶ 34 A statute is unconstitutionally vague, and violates due process, “only if the terms of the statute are so ill-defined ‘that the ultimate decision as to its meaning rests on the opinions and whims of the trier of fact rather than any objective criteria or facts.’ ” People v. Molnar, 222 Ill. 2d 495, 524 (2006) (quoting People v. Burpo, 164 Ill. 2d 261, 265-66 (1995)).

22014–2015
People v. Phillips green
ill · 1977
2 sentences

2007I recognize that, in In re T.W., we upheld the amendment in the face of a constitutional challenge, on separation of powers grounds, holding that People v. Phillips, 66 Ill. 2d 412 (1977), was “dispositive of the issue.” See In re T.W., 101 Ill. 2d at 441.

2007I recognize that, in In re T.W., we upheld the amendment in the face of a constitutional challenge, on separation of powers grounds, holding that People v. Phillips, 66 Ill.2d 412 , 6 Ill.Dec. 215 , 362 N.E.2d 1037 (1977), was "dispositive of the issue." See In re T.W., 101 Ill.2d at 441 , 79 Ill.

22007–2007
People v. One 1998 GMC green
ill · 2011
1 sentence

2019We resolve any doubts about a statute’s constitutionality in favor of its validity and we must affirm a statute in the face of a constitutional challenge so long as it is “ ‘reasonably capable of such a determination.’ ” Jackson v. City of Chicago, 2012 IL App (1st) 111044, ¶ 20 (quoting People v. One 1998 GMC, 2011 IL 110236, ¶ 20 ). ¶ 15 "Substantive due process bars the government from arbitrarily exercising its power without the reasonable justification of serving a legitimate interest." People v. Pollard, 2016 IL App (5th) 130514, ¶ 31 (citing Daniels v. Williams, 474 U.S. 327, 331 (1986)

12019–2019
In re T.W. green
ill · 1984
1 sentence

2007I recognize that, in In re T.W., we upheld the amendment in the face of a constitutional challenge, on separation of powers grounds, holding that People v. Phillips, 66 Ill.2d 412 , 6 Ill.Dec. 215 , 362 N.E.2d 1037 (1977), was "dispositive of the issue." See In re T.W., 101 Ill.2d at 441 , 79 Ill.

12007–2007
People v. Goodman green
ill · 1980
2 sentences

1988Under Dutton, as adopted by our supreme court in People v. Goodman (1980), 81 Ill. 2d 278 , 408 N.E.2d 215 , the Supreme Court upheld the admissibility of the statement there in the face of a constitutional challenge under circumstances similar to those presented here.

1988Under Dutton, as adopted by our supreme court in People v. Goodman (1980), 81 Ill. 2d 278 , 408 N.E.2d 215 , the Supreme Court upheld the admissibility of the statement there in the face of a constitutional challenge under circumstances similar to those presented here.

11988–1988
Matayka v. Melia green
illappct · 1983
1 sentence

1984Matayka v. Melia (1983), 119 Ill.

11984–1984

Statutes the citing opinions construe

IL § 730 ILCS 150/1 (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 9 (1984–2019) FL 7 (1979–2017) NJ 3 (1990–2012) MS 3 (2007–2018) PA 3 (1995–2015) MI 2 (1989–2012) MD 2 (1976–2023)

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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