Booth error in Illinois

8 Illinois opinions name it 2 courts 1989–2019 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 (6)

Case	Followed	Cited
People v. Simmsgreen ill · 1988 · cited in 2 Illinois opinions naming this issue, 1989–1989 2 sentences 1989Ed. 2d 284, 295 , 108 S. Ct. 1792, 1798 (harmless error rule applicable to erroneous introduction, at capital sentencing hearing, of evidence taken in violation of defendant’s sixth amendment right to counsel); People v. Crews (1988), 122 Ill. 2d 266, 286-88 (Booth error); People v. Simms (1988), 121 Ill. 2d 259, 277-78 (Miller, J., specially concurring) (Booth error).) With respect to those categoties of Federal constitutional error that may be deemed harmless in an appropriate case, a new sentencing hearing is not required if the State satisfies the standard expressed in Chapman v. Californi 1989(See Satterwhite v. Texas (1988), 486 U.S. 249, 258-59 , 100 L.Ed.2d 284, 295 , 108 S.Ct. 1792, 1798 (harmless error rule applicable to erroneous introduction, at capital sentencing hearing, of evidence taken in violation of defendant's sixth amendment right to counsel); People v. Crews (1988), 122 Ill.2d 266, 286-88 ( Booth error); People v. Simms (1988), 121 Ill.2d 259, 277-78 (Miller, J., specially concurring) ( Booth error).) With respect to those categories *232 of Federal constitutional error that may be deemed harmless in an appropriate case, a new sentencing hearing is not required if	2	2
People v. Crewsgreen ill · 1988 · cited in 2 Illinois opinions naming this issue, 1989–1989 2 sentences 1989Ed. 2d 284, 295 , 108 S. Ct. 1792, 1798 (harmless error rule applicable to erroneous introduction, at capital sentencing hearing, of evidence taken in violation of defendant’s sixth amendment right to counsel); People v. Crews (1988), 122 Ill. 2d 266, 286-88 (Booth error); People v. Simms (1988), 121 Ill. 2d 259, 277-78 (Miller, J., specially concurring) (Booth error).) With respect to those categoties of Federal constitutional error that may be deemed harmless in an appropriate case, a new sentencing hearing is not required if the State satisfies the standard expressed in Chapman v. Californi 1989(See Satterwhite v. Texas (1988), 486 U.S. 249, 258-59 , 100 L.Ed.2d 284, 295 , 108 S.Ct. 1792, 1798 (harmless error rule applicable to erroneous introduction, at capital sentencing hearing, of evidence taken in violation of defendant's sixth amendment right to counsel); People v. Crews (1988), 122 Ill.2d 266, 286-88 ( Booth error); People v. Simms (1988), 121 Ill.2d 259, 277-78 (Miller, J., specially concurring) ( Booth error).) With respect to those categories *232 of Federal constitutional error that may be deemed harmless in an appropriate case, a new sentencing hearing is not required if	1	2
Rome v. Commonwealth Edison Co.green illappct · 1980 · cited in 1 Illinois opinions naming this issue, 2019–2019 1 sentence 2019See Rome v. Commonwealth Edison Co., 81 Ill.	1	1
In re Estate of Chaneygreen illappct · 2013 · cited in 1 Illinois opinions naming this issue, 2019–2019 1 sentence 2019See In re Estate of Chaney, 2013 IL App (3d) 120565, ¶ 8 (“It is well- settled law in Illinois that issues, theories, or arguments not raised in the trial court are forfeited and may not be raised for the first time on appeal.”).	1	1
People v. Hargisgreen illappct · 1983 · cited in 1 Illinois opinions naming this issue, 1989–1989 1 sentence 1989See People v. Hargis (1983), 118 Ill.	1	1
Satterwhite v. Texasgreen scotus · 1988 · cited in 1 Illinois opinions naming this issue, 1989–1989 2 sentences 1989Ed. 2d 284, 295 , 108 S. Ct. 1792, 1798 (harmless error rule applicable to erroneous introduction, at capital sentencing hearing, of evidence taken in violation of defendant’s sixth amendment right to counsel); People v. Crews (1988), 122 Ill. 2d 266, 286-88 (Booth error); People v. Simms (1988), 121 Ill. 2d 259, 277-78 (Miller, J., specially concurring) (Booth error).) With respect to those categoties of Federal constitutional error that may be deemed harmless in an appropriate case, a new sentencing hearing is not required if the State satisfies the standard expressed in Chapman v. Californi 1989(See Satterwhite v. Texas (1988), 486 U.S. 249, 258-59 , 100 L.Ed.2d 284, 295 , 108 S.Ct. 1792, 1798 (harmless error rule applicable to erroneous introduction, at capital sentencing hearing, of evidence taken in violation of defendant's sixth amendment right to counsel); People v. Crews (1988), 122 Ill.2d 266, 286-88 ( Booth error); People v. Simms (1988), 121 Ill.2d 259, 277-78 (Miller, J., specially concurring) ( Booth error).) With respect to those categories *232 of Federal constitutional error that may be deemed harmless in an appropriate case, a new sentencing hearing is not required if	1	1

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 (6)

Case	Cited	Years
Benamon v. Soo Line Railroad green illappct · 1997 2 sentences 2014Benamon, 294 Ill. 2014Benamon, 294 Ill.	3	2013–2014
People v. Felella green ill · 1989 2 sentences 1990(People v. Felella (1989), 131 Ill. 2d 525, 535-36 , 546 N.E.2d 492, 496 ; People v. Turner (1989), 128 Ill. 2d 540, 578 , 539 N.E.2d 1196, 1213 .) Thus, admitting a victim impact statement into evidence at an Illinois noncapital sentencing hearing does not violate a defendant’s constitutional rights. 1990(People v. Felella (1989), 131 Ill. 2d 525, 535-36 , 546 N.E.2d 492, 496 ; People v. Turner (1989), 128 Ill. 2d 540, 578 , 539 N.E.2d 1196, 1213 .) Thus, admitting a victim impact statement into evidence at an Illinois noncapital sentencing hearing does not violate a defendant’s constitutional rights.	1	1990–1990
People v. Turner green ill · 1989 2 sentences 1990(People v. Felella (1989), 131 Ill. 2d 525, 535-36 , 546 N.E.2d 492, 496 ; People v. Turner (1989), 128 Ill. 2d 540, 578 , 539 N.E.2d 1196, 1213 .) Thus, admitting a victim impact statement into evidence at an Illinois noncapital sentencing hearing does not violate a defendant’s constitutional rights. 1990(People v. Felella (1989), 131 Ill. 2d 525, 535-36 , 546 N.E.2d 492, 496 ; People v. Turner (1989), 128 Ill. 2d 540, 578 , 539 N.E.2d 1196, 1213 .) Thus, admitting a victim impact statement into evidence at an Illinois noncapital sentencing hearing does not violate a defendant’s constitutional rights.	1	1990–1990
Booth v. Maryland red scotus · 1987 1 sentence 1990Ed. 2d 440, 451 , 107 S. Ct. 2529, 2536 .) Subsequently, the Illinois Supreme Court, following the reasoning of Booth that “[fjacts about the victim and family *** may be relevant in a noncapital criminal trial,” has declined to extend the Booth principle to a noncapital sentencing hearing.	1	1990–1990
Chapman v. California red scotus · 1967 2 sentences 1989Ed. 2d 284, 295 , 108 S. Ct. 1792, 1798 (harmless error rule applicable to erroneous introduction, at capital sentencing hearing, of evidence taken in violation of defendant’s sixth amendment right to counsel); People v. Crews (1988), 122 Ill. 2d 266, 286-88 (Booth error); People v. Simms (1988), 121 Ill. 2d 259, 277-78 (Miller, J., specially concurring) (Booth error).) With respect to those categoties of Federal constitutional error that may be deemed harmless in an appropriate case, a new sentencing hearing is not required if the State satisfies the standard expressed in Chapman v. Californi 1989Ed. 2d 284, 295 , 108 S. Ct. 1792, 1798 (harmless error rule applicable to erroneous introduction, at capital sentencing hearing, of evidence taken in violation of defendant’s sixth amendment right to counsel); People v. Crews (1988), 122 Ill. 2d 266, 286-88 (Booth error); People v. Simms (1988), 121 Ill. 2d 259, 277-78 (Miller, J., specially concurring) (Booth error).) With respect to those categoties of Federal constitutional error that may be deemed harmless in an appropriate case, a new sentencing hearing is not required if the State satisfies the standard expressed in Chapman v. Californi	1	1989–1989
People v. Phillips green ill · 1989 2 sentences 1989(Crews, 122 Ill. 2d at 288 .) In People v. Phillips (1989), 127 Ill. 2d 499 , 538 N.E.2d 500 , the court again rejected a Booth challenge to a death sentence imposed by the trial court. 1989(Crews, 122 Ill. 2d at 288 .) In People v. Phillips (1989), 127 Ill. 2d 499 , 538 N.E.2d 500 , the court again rejected a Booth challenge to a death sentence imposed by the trial court.	1	1989–1989

Where else courts name it

IL 8 (1989–2019) FL 8 (1990–2019) NY 4 (1988–2023) PA 4 (2019–2022) ID 3 (2011–2020) WA 3 (2006–2019) OH 3 (1990–2016) MD 3 (1987–1992) VA 2 (1990–1991) WI 2 (2018–2021) CA 2 (1991–1991) AL 2 (1990–1994) GA 2 (1988–1999) MI 2 (2015–2015)

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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