two mitigating factors (Illinois) · Go Syfert
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two mitigating factors in Illinois

8 Illinois opinions name it 2 courts 1996–2023 3 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 (4)

CaseFollowedCited
People v. Sanchezgreen
illappct · 1981 · cited in 3 Illinois opinions naming this issue, 2015–2016
2 sentences

2016People v. Sanchez, 95 Ill.

2016People v. Sanchez, 95 Ill.

33
People v. Walkergreen
illappct · 2021 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See e.g., People v. Walker, 2021 IL App (4th) 190073, ¶¶ 73-74 (the trial court must consider statutory factors in mitigation, but need not recite each factor it has considered; further, “there is a presumption the trial court considered any mitigating evidence before it”). ¶ 54 In any event, any error here does not rise to plain error.

11
People v. Alexandergreen
ill · 2010 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See Alexander, 239 Ill. 2d at 214-15 (stating it is not our function to independently reweigh these factors and substitute our judgment for that of the trial court). ¶ 24 Defendant goes on to claim, “[t]he primary factor in aggravation that the trial court considered was [defendant’s] poor performance on probation.” Reviewing the record, we see the court first noted the two mitigating factors referenced above, and it then stated: “As to the factors in aggravation, probably as you probably are well aware one of the primaries on that one is that your prior criminal history, it is a lengthy one.

11
People v. Jeffriesgreen
ill · 1995 · cited in 1 Illinois opinions naming this issue, 1996–1996
2 sentences

1996Ill.Rev.Stat.1989, ch. 38, par. 9-2(c); see also People v. Jeffries, 164 Ill.2d 104 , 207 Ill.Dec. 21 , 646 N.E.2d 587 (1995).

1996Ill.Rev.Stat.1989, ch. 38, par. 9-2(c); see also People v. Jeffries, 164 Ill.2d 104 , 207 Ill.Dec. 21 , 646 N.E.2d 587 (1995).

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 (2)

CaseCitedYears
People v. Blackwell green
ill · 1996
1 sentence

2021Id. ¶ 91 Defendant’s claim that his actions were based on a sudden and intense provocation during mutual combat fails.

12021–2021
People v. Morgan red
ill · 2003
1 sentence

2004Morgan, 203 Ill. 2d at 481 .

12004–2004

Statutes the citing opinions construe

IL § 55 ILCS 5/4-2002.1 (3) IL § 720 ILCS 5/12-3.05 (3) IL § 720 ILCS 5/12-4 (3) IL § 720 ILCS 5/2-19 (3) IL § 720 ILCS 5/2-8 (3) IL § 720 ILCS 5/7-1 (3) IL § 720 ILCS 5/7-4 (3) IL § 720 ILCS 5/9-2 (3) IL § 725 ILCS 5/110-7 (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 8 (1996–2023) NJ 4 (1993–2004) NC 4 (1981–2014) MD 3 (2021–2022) OH 2 (2008–2018) KS 2 (2013–2014) IN 2 (2003–2013) VT 2 (1994–2012) PA 2 (2004–2014)

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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