death sentencing hearing (Illinois) · Go Syfert
← Illinois issues

death sentencing hearing in Illinois

59 Illinois opinions name it 2 courts 1983–2010 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 (37)

CaseFollowedCited
Strickland v. Washingtongreen
scotus · 1984 · cited in 9 Illinois opinions naming this issue, 1992–2001
2 sentences

1998“In the context of a death sentencing hearing, the defendant must prove that counsel’s representation was deficient and that there is a reasonable probability that, but for counsel’s deficient conduct, the sentencer would have concluded that the balance of aggravating and mitigating circumstances did not warrant death.” People v. Hampton, 149 Ill. 2d 71, 109 (1992), citing Strickland v. Washington, 466 U.S. 668, 695 , 80 L.

1998“In the context of a death sentencing hearing, the defendant must prove that counsel’s representation was deficient and that there is a reasonable probability that, but for counsel’s deficient conduct, the sentencer would have concluded that the balance of aggravating and mitigating circumstances did not warrant death.” People v. Hampton, 149 Ill. 2d 71, 109 (1992), citing Strickland v. Washington, 466 U.S. 668, 695 , 80 L.

59
People v. Perezgreen
ill · 1992 · cited in 4 Illinois opinions naming this issue, 2000–2002
2 sentences

2002E.g., Towns, 182 Ill. 2d at 507 (defense counsel presented four witnesses in mitigation whose testimony accounted for only 10 pages of trial transcript); People v. Orange, 168 Ill. 2d 138, 166 (1995) (no mitigation witnesses were presented by trial counsel); People v. Thompkins, 161 Ill. 2d 148, 165 (1994) (defendant’s wife was the sole mitigation witness); People v. Perez, 148 Ill. 2d 168, 176-77 (1992) (the sole evidence presented in mitigation was a psychological report prepared by the Department of Corrections during the defendant’s incarceration for a prior offense); People v. Ruiz, 132 I

2002E.g., Towns, 182 Ill.2d at 507 , 231 Ill.Dec. 557 , *685 696 N.E.2d 1128 (defense counsel presented four witnesses in mitigation whose testimony accounted for only 10 pages of trial transcript); People v. Orange, 168 Ill.2d 138, 166 , 213 Ill.Dec. 589 , 659 N.E.2d 935 (1995) (no mitigation witnesses were presented by trial counsel); People v. Thompkins, 161 Ill.2d 148, 165 , 204 Ill.Dec. 147 , 641 N.E.2d 371 (1994) (defendant's wife was the sole mitigation witness); People v. Perez, 148 Ill.2d 168, 176-77 , 170 Ill.Dec. 304 , 592 N.E.2d 984 (1992) (the sole evidence presented in mitigation was

44
People v. Williamsgreen
ill · 2000 · cited in 4 Illinois opinions naming this issue, 2001–2002
2 sentences

2002However, this court has previously rejected the argument that the Illinois death penalty statute is unconstitutional because: (1) it does not require, at the second phase of the death sentencing hearing, the State to prove beyond a reasonable doubt that there are no mitigating factors sufficient to preclude imposition of the death penalty (People v. Davis, 205 Ill. 2d 349, 372-75 (2002)); (2) it places a burden of proof on a defendant that precludes meaningful consideration of mitigation evidence (People v. Williams, 193 Ill. 2d 306, 376 (2000)); (3) it permits the sentencing body to weigh the

2002However, this court has previously rejected the argument that the Illinois death penalty statute is unconstitutional because: (1) it does not require, at the second phase of the death sentencing hearing, the State to prove beyond a reasonable doubt that there are no mitigating factors sufficient to preclude imposition of the death penalty ( People v. Davis, 205 Ill.2d 349, 372-75 , 275 Ill.Dec. 781 , 793 N.E.2d 552 (2002)); (2) it places a burden of proof on a defendant that precludes meaningful consideration of mitigation evidence ( People v. Williams, 193 Ill.2d 306, 376 , 250 Ill.Dec. 692 ,

44
People v. Thompkinsgreen
ill · 2000 · cited in 4 Illinois opinions naming this issue, 2001–2001
2 sentences

2001See People v. Thompkins, 191 Ill. 2d 438, 477 (2000).

2001See People v. Thompkins, 191 Ill. 2d 438, 477 (2000) (and cases cited therein).

44
People v. Ruizgreen
ill · 1989 · cited in 5 Illinois opinions naming this issue, 1995–2002
2 sentences

2002E.g., Towns, 182 Ill. 2d at 507 (defense counsel presented four witnesses in mitigation whose testimony accounted for only 10 pages of trial transcript); People v. Orange, 168 Ill. 2d 138, 166 (1995) (no mitigation witnesses were presented by trial counsel); People v. Thompkins, 161 Ill. 2d 148, 165 (1994) (defendant’s wife was the sole mitigation witness); People v. Perez, 148 Ill. 2d 168, 176-77 (1992) (the sole evidence presented in mitigation was a psychological report prepared by the Department of Corrections during the defendant’s incarceration for a prior offense); People v. Ruiz, 132 I

1995Pierre (1992), 146 Ill. 2d 494, 511 ; People v. Henderson (1990), 142 Ill. 2d 258, 334-35 ; People v. Ruiz (1989), 132 Ill. 2d 1, 20-21 ; People v. Guest (1986), 115 Ill. 2d 72, 107 ; People v. Buggs (1986), 112 Ill. 2d 284, 292 ; People v. Madej (1985), 106 Ill. 2d 201, 220-21 ; People v. Albanese (1984), 104 Ill. 2d 504, 534-36 .) In Ramey, 152 Ill. 2d 41 , the defendant argued that his waiver of a jury for the death sentencing hearing was not knowing and voluntary, because he had not been informed that the vote of one juror could preclude imposition of the death penalty.

35
People v. Thompkinsgreen
ill · 1994 · cited in 4 Illinois opinions naming this issue, 2000–2002
2 sentences

2002E.g., Towns, 182 Ill. 2d at 507 (defense counsel presented four witnesses in mitigation whose testimony accounted for only 10 pages of trial transcript); People v. Orange, 168 Ill. 2d 138, 166 (1995) (no mitigation witnesses were presented by trial counsel); People v. Thompkins, 161 Ill. 2d 148, 165 (1994) (defendant’s wife was the sole mitigation witness); People v. Perez, 148 Ill. 2d 168, 176-77 (1992) (the sole evidence presented in mitigation was a psychological report prepared by the Department of Corrections during the defendant’s incarceration for a prior offense); People v. Ruiz, 132 I

2002E.g., Towns, 182 Ill.2d at 507 , 231 Ill.Dec. 557 , *685 696 N.E.2d 1128 (defense counsel presented four witnesses in mitigation whose testimony accounted for only 10 pages of trial transcript); People v. Orange, 168 Ill.2d 138, 166 , 213 Ill.Dec. 589 , 659 N.E.2d 935 (1995) (no mitigation witnesses were presented by trial counsel); People v. Thompkins, 161 Ill.2d 148, 165 , 204 Ill.Dec. 147 , 641 N.E.2d 371 (1994) (defendant's wife was the sole mitigation witness); People v. Perez, 148 Ill.2d 168, 176-77 , 170 Ill.Dec. 304 , 592 N.E.2d 984 (1992) (the sole evidence presented in mitigation was

34
People v. Orangegreen
ill · 1995 · cited in 4 Illinois opinions naming this issue, 2000–2002
2 sentences

2002E.g., Towns, 182 Ill. 2d at 507 (defense counsel presented four witnesses in mitigation whose testimony accounted for only 10 pages of trial transcript); People v. Orange, 168 Ill. 2d 138, 166 (1995) (no mitigation witnesses were presented by trial counsel); People v. Thompkins, 161 Ill. 2d 148, 165 (1994) (defendant’s wife was the sole mitigation witness); People v. Perez, 148 Ill. 2d 168, 176-77 (1992) (the sole evidence presented in mitigation was a psychological report prepared by the Department of Corrections during the defendant’s incarceration for a prior offense); People v. Ruiz, 132 I

2002E.g., Towns, 182 Ill.2d at 507 , 231 Ill.Dec. 557 , *685 696 N.E.2d 1128 (defense counsel presented four witnesses in mitigation whose testimony accounted for only 10 pages of trial transcript); People v. Orange, 168 Ill.2d 138, 166 , 213 Ill.Dec. 589 , 659 N.E.2d 935 (1995) (no mitigation witnesses were presented by trial counsel); People v. Thompkins, 161 Ill.2d 148, 165 , 204 Ill.Dec. 147 , 641 N.E.2d 371 (1994) (defendant's wife was the sole mitigation witness); People v. Perez, 148 Ill.2d 168, 176-77 , 170 Ill.Dec. 304 , 592 N.E.2d 984 (1992) (the sole evidence presented in mitigation was

34
People v. Hamptongreen
ill · 1992 · cited in 5 Illinois opinions naming this issue, 1993–1998
2 sentences

1998“In the context of a death sentencing hearing, the defendant must prove that counsel’s representation was deficient and that there is a reasonable probability that, but for counsel’s deficient conduct, the sentencer would have concluded that the balance of aggravating and mitigating circumstances did not warrant death.” People v. Hampton, 149 Ill. 2d 71, 109 (1992), citing Strickland v. Washington, 466 U.S. 668, 695 , 80 L.

1998"In the context of a death sentencing hearing, the defendant must prove that counsel's representation was deficient and that there is a reasonable probability that, but for counsel's deficient conduct, the sentencer would have concluded that the balance of aggravating and mitigating circumstances did not warrant death." People v. Hampton, 149 Ill.2d 71, 109 , 171 Ill.Dec. 439 , 594 N.E.2d 291 (1992), citing Strickland v. Washington, 466 U.S. 668, 695 , 104 S.Ct. 2052, 2069 , 80 L.Ed.2d 674, 698 (1984).

25
People v. Hallgreen
ill · 2000 · cited in 4 Illinois opinions naming this issue, 2002–2008
2 sentences

2002However, this court has previously rejected the argument that the Illinois death penalty statute is unconstitutional because: (1) it does not require, at the second phase of the death sentencing hearing, the State to prove beyond a reasonable doubt that there are no mitigating factors sufficient to preclude imposition of the death penalty (People v. Davis, 205 Ill. 2d 349, 372-75 (2002)); (2) it places a burden of proof on a defendant that precludes meaningful consideration of mitigation evidence (People v. Williams, 193 Ill. 2d 306, 376 (2000)); (3) it permits the sentencing body to weigh the

2002However, this court has previously rejected the argument that the Illinois death penalty statute is unconstitutional because: (1) it does not require, at the second phase of the death sentencing hearing, the State to prove beyond a reasonable doubt that there are no mitigating factors sufficient to preclude imposition of the death penalty ( People v. Davis, 205 Ill.2d 349, 372-75 , 275 Ill.Dec. 781 , 793 N.E.2d 552 (2002)); (2) it places a burden of proof on a defendant that precludes meaningful consideration of mitigation evidence ( People v. Williams, 193 Ill.2d 306, 376 , 250 Ill.Dec. 692 ,

24
People v. Townsgreen
ill · 1998 · cited in 4 Illinois opinions naming this issue, 1999–2002
2 sentences

2002E.g., Towns, 182 Ill. 2d at 507 (defense counsel presented four witnesses in mitigation whose testimony accounted for only 10 pages of trial transcript); People v. Orange, 168 Ill. 2d 138, 166 (1995) (no mitigation witnesses were presented by trial counsel); People v. Thompkins, 161 Ill. 2d 148, 165 (1994) (defendant’s wife was the sole mitigation witness); People v. Perez, 148 Ill. 2d 168, 176-77 (1992) (the sole evidence presented in mitigation was a psychological report prepared by the Department of Corrections during the defendant’s incarceration for a prior offense); People v. Ruiz, 132 I

2002E.g., Towns, 182 Ill.2d at 507 , 231 Ill.Dec. 557 , *685 696 N.E.2d 1128 (defense counsel presented four witnesses in mitigation whose testimony accounted for only 10 pages of trial transcript); People v. Orange, 168 Ill.2d 138, 166 , 213 Ill.Dec. 589 , 659 N.E.2d 935 (1995) (no mitigation witnesses were presented by trial counsel); People v. Thompkins, 161 Ill.2d 148, 165 , 204 Ill.Dec. 147 , 641 N.E.2d 371 (1994) (defendant's wife was the sole mitigation witness); People v. Perez, 148 Ill.2d 168, 176-77 , 170 Ill.Dec. 304 , 592 N.E.2d 984 (1992) (the sole evidence presented in mitigation was

24
People v. Williamsgreen
ill · 1998 · cited in 4 Illinois opinions naming this issue, 1998–2001
2 sentences

2001See Williams, 193 Ill. 2d at 368-73 ; Williams, 181 Ill. 2d at 321-22 ; Coleman, 129 Ill. 2d at 347 .

2001See Williams, 193 Ill.2d at 368-73 , 250 Ill.Dec. 692 , 739 N.E.2d 455 ; Williams, 181 Ill.2d at 321-22 , 229 Ill.Dec. 898 , 692 N.E.2d 1109 ; Coleman, 129 Ill.2d at 347 , 135 Ill.Dec. 834 , 544 N.E.2d 330 .

24
People v. Griffingreen
ill · 1997 · cited in 4 Illinois opinions naming this issue, 2000–2001
2 sentences

2001People v. Coleman, 183 Ill. 2d 366, 403 (1998); People v. Griffin, 178 Ill. 2d 65, 87 (1997).

2001People v. Coleman, 183 Ill.2d 366, 403 , 233 Ill.Dec. 789 , 701 N.E.2d 1063 (1998); People v. Griffin, 178 Ill.2d 65, 87 , 227 Ill.Dec. 338 , 687 N.E.2d 820 (1997).

24
People v. Colemangreen
ill · 1998 · cited in 4 Illinois opinions naming this issue, 2000–2001
2 sentences

2001People v. Coleman, 183 Ill. 2d 366, 403 (1998); People v. Griffin, 178 Ill. 2d 65, 87 (1997).

2001People v. Coleman, 183 Ill.2d 366, 403 , 233 Ill.Dec. 789 , 701 N.E.2d 1063 (1998); People v. Griffin, 178 Ill.2d 65, 87 , 227 Ill.Dec. 338 , 687 N.E.2d 820 (1997).

24
People v. Brownellgreen
ill · 1980 · cited in 3 Illinois opinions naming this issue, 1983–2008
2 sentences

1983These include the argument that the discretion vested by the statute in the prosecutor to request a death sentencing hearing results in the arbitrary and capricious imposition of the death penalty ( People v. Brownell (1980), 79 Ill.2d 508 , cert. dismissed (1980), 449 U.S. 811 , 66 L.Ed.2d 14 , 101 S.Ct. 59 ; People ex rel.

1983These include the argument that the discretion vested by the statute in the prosecutor to request a death sentencing hearing results in the arbitrary and capricious imposition of the death penalty (People v. Brownell (1980), 79 Ill. 2d 508 , cert. dismissed (1980), 449 U.S. 811 , 66 L.

23
People v. Gachogreen
ill · 1988 · cited in 3 Illinois opinions naming this issue, 1995–2001
2 sentences

2001See, e.g., People v. Johnson, 159 Ill. 2d 97, 135 (1994); People v. Gacho, 122 Ill. 2d 221, 260 (1988).

1995On appeal, defendant contends that he was denied his constitutional rights because: (1) the State received twice as many peremptory challenges as he; (2) his trial counsel labored under a conflict of interest; (3) he received deficient representation at a pretrial suppression hearing, the death sentencing hearing, and on direct review; (4) this court, on direct review, held that the rule announced in People v. Gacho (1988), 122 Ill. 2d 221, 262 , applied prospectively; and (5) the jury instructions failed to adequately guide the jury in deciding whether to impose the death penalty.

23
People v. Hallgreen
ill · 1993 · cited in 3 Illinois opinions naming this issue, 1995–2001
2 sentences

2001People v. Hall, 157 Ill. 2d 324, 337 (1993).

2001People v. Hall, 157 Ill.2d 324, 337 , 193 Ill.Dec. 98 , 626 N.E.2d 131 (1993).

23
People v. Browngreen
ill · 1996 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008An Illinois criminal defendant has a statutory right to choose a jury for the death sentencing hearing, even when convicted at a bench trial. 720 ILCS 5/9 — 1(d) (West 2006); see People v. Brown, 169 Ill. 2d 132, 155-56 (1996).

2008An Illinois criminal defendant has a statutory right to choose a jury for the death sentencing hearing, even when convicted at a bench trial. 720 ILCS 5/9-1(d) (West 2006); see People v. Brown, 169 Ill.2d 132, 155-56 , 214 Ill.Dec. 433 , 661 N.E.2d 287 (1996).

22
People v. Stricklandgreen
ill · 1992 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008While an Illinois criminal defendant has a constitutional right to choose a jury at the guilt/innocence phase of the proceedings, the defendant’s right to choose a jury at the death sentencing hearing is wholly statutory. 720 ILCS 5/9 — 1(d) (West 2006); People v. Strickland, 154 Ill. 2d 489, 517 (1992) (collecting cases).

2008While an Illinois criminal defendant has a constitutional right to choose a jury at the guilt/innocence phase of the proceedings, the defendant's right to choose a jury at the death sentencing hearing is wholly statutory. 720 ILCS 5/9-1(d) (West 2006); People v. Strickland, 154 Ill.2d 489, 517 , 182 Ill.Dec. 551 , 609 N.E.2d 1366 (1992) (collecting cases).

22
People v. MacRigreen
ill · 1998 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008People v. Macri, 185 Ill. 2d 1, 77 (1998); People v. Munson, 171 Ill. 2d 158, 185 (1996); People v. Brownell, 79 Ill. 2d 508, 533-34 (1980).

2008People v. Macri, 185 Ill.2d 1, 77 , 235 Ill.Dec. 589 , 705 N.E.2d 772 (1998); People v. Munson, 171 Ill.2d 158, 185 , 215 Ill.Dec. 125 , 662 N.E.2d 1265 (1996); People v. Brownell, 79 Ill.2d 508, 533-34 , 38 Ill.Dec. 757 , 404 N.E.2d 181 (1980).

22
Ware v. Stategreen
md · 2000 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008See, e.g., Ware v. State, 360 Md. 650, 703-04 , 759 A.2d 764, 792 (2000) (“Whether a defendant is to be sentenced by the court or the jury is a decision for the defendant”).

2008See, e.g., Ware v. State, 360 Md. 650, 703-04 , 759 A.2d 764, 792 (2000) (“Whether a defendant is to be sentenced by the court or the jury is a decision for the defendant”).

22
People v. Munsongreen
ill · 1996 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008People v. Macri, 185 Ill. 2d 1, 77 (1998); People v. Munson, 171 Ill. 2d 158, 185 (1996); People v. Brownell, 79 Ill. 2d 508, 533-34 (1980).

2008People v. Macri, 185 Ill.2d 1, 77 , 235 Ill.Dec. 589 , 705 N.E.2d 772 (1998); People v. Munson, 171 Ill.2d 158, 185 , 215 Ill.Dec. 125 , 662 N.E.2d 1265 (1996); People v. Brownell, 79 Ill.2d 508, 533-34 , 38 Ill.Dec. 757 , 404 N.E.2d 181 (1980).

22
People v. Ericksongreen
ill · 1987 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008Ed. 2d 340, 351-53 , 104 S. Ct. 3154, 3161-62 (1984); People v. Erickson, 117 Ill. 2d 271, 289 (1987)), a jury serves two significant functions in a death sentencing hearing.

2008Although not constitutionally required (see Spaziano v. Florida, 468 U.S. 447, 459-60 , 104 S.Ct. 3154, 3161-62 , 82 L.Ed.2d 340, 351-53 (1984); People v. Erickson, 117 Ill.2d 271, 289 , Ill.Dec. 924, 513 N.E.2d 367 (1987)), a jury serves two significant functions in a death sentencing hearing.

22
Spaziano v. Floridared
scotus · 1984 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008Ed. 2d 340, 351-53 , 104 S. Ct. 3154, 3161-62 (1984); People v. Erickson, 117 Ill. 2d 271, 289 (1987)), a jury serves two significant functions in a death sentencing hearing.

2008Although not constitutionally required (see Spaziano v. Florida, 468 U.S. 447, 459-60 , 104 S.Ct. 3154, 3161-62 , 82 L.Ed.2d 340, 351-53 (1984); People v. Erickson, 117 Ill.2d 271, 289 , Ill.Dec. 924, 513 N.E.2d 367 (1987)), a jury serves two significant functions in a death sentencing hearing.

22
People v. Kirchnergreen
ill · 2000 · cited in 2 Illinois opinions naming this issue, 2002–2002
2 sentences

2002However, this court has previously rejected the argument that the Illinois death penalty statute is unconstitutional because: (1) it does not require, at the second phase of the death sentencing hearing, the State to prove beyond a reasonable doubt that there are no mitigating factors sufficient to preclude imposition of the death penalty (People v. Davis, 205 Ill. 2d 349, 372-75 (2002)); (2) it places a burden of proof on a defendant that precludes meaningful consideration of mitigation evidence (People v. Williams, 193 Ill. 2d 306, 376 (2000)); (3) it permits the sentencing body to weigh the

2002However, this court has previously rejected the argument that the Illinois death penalty statute is unconstitutional because: (1) it does not require, at the second phase of the death sentencing hearing, the State to prove beyond a reasonable doubt that there are no mitigating factors sufficient to preclude imposition of the death penalty ( People v. Davis, 205 Ill.2d 349, 372-75 , 275 Ill.Dec. 781 , 793 N.E.2d 552 (2002)); (2) it places a burden of proof on a defendant that precludes meaningful consideration of mitigation evidence ( People v. Williams, 193 Ill.2d 306, 376 , 250 Ill.Dec. 692 ,

22
People v. Hopegreen
ill · 1995 · cited in 2 Illinois opinions naming this issue, 2001–2001
22
People v. Johnsongreen
ill · 1994 · cited in 2 Illinois opinions naming this issue, 2001–2001
22
People v. Easleygreen
ill · 2000 · cited in 2 Illinois opinions naming this issue, 2001–2001
22
People v. Simmsgreen
ill · 1988 · cited in 2 Illinois opinions naming this issue, 2000–2000
22
People v. Sanchezgreen
ill · 1996 · cited in 2 Illinois opinions naming this issue, 1999–1999
22
People v. Mooregreen
ill · 1996 · cited in 2 Illinois opinions naming this issue, 1998–1998
22
People v. Hudsongreen
ill · 1993 · cited in 2 Illinois opinions naming this issue, 1998–1998
22
People v. Fairgreen
ill · 1994 · cited in 2 Illinois opinions naming this issue, 1997–1997
22
People v. Kitchengreen
ill · 1994 · cited in 2 Illinois opinions naming this issue, 1997–1997
22
People v. Williamsgreen
ill · 1994 · cited in 2 Illinois opinions naming this issue, 1997–1997
22
People v. Morgangreen
ill · 1999 · cited in 2 Illinois opinions naming this issue, 2000–2000
12
People v. Davisgreen
ill · 2002 · cited in 1 Illinois opinions naming this issue, 2002–2002
11
People v. Kuntugreen
ill · 2001 · cited in 1 Illinois opinions naming this issue, 2001–2001
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 (43)

CaseCitedYears
People v. Mahaffey green
ill · 1995
2 sentences

1999Mahaffey, 165 Ill.2d at 466 , 209 Ill.Dec. 246 , 651 N.E.2d 174 .

1999Mahaffey, 165 Ill. 2d at 466 .

51996–1999
Ring v. Arizona green
scotus · 2002
2 sentences

2010Ed. 2d 556 , 122 S. Ct. 2428 (2002), because the statute does not require the State, at the second stage of the death sentencing hearing, to prove beyond a reasonable doubt that aggravating factors outweigh mitigating factors.

2010Ed. 2d 556 , 122 S. Ct. 2428 (2002), because the statute does not require the State, at the second stage of the death sentencing hearing, to prove beyond a reasonable doubt that aggravating factors outweigh mitigating factors.

42008–2010
Apprendi v. New Jersey green
scotus · 2000
2 sentences

2010Ed. 2d 435 , 120 S. Ct. 2348 (2000), because the statute does not require the State, at the second stage of the death sentencing hearing, to prove beyond a reasonable doubt that aggravating factors outweigh mitigating factors.

2010Ed. 2d 435 , 120 S. Ct. 2348 (2000), because the statute does not require the State, at the second stage of the death sentencing hearing, to prove beyond a reasonable doubt that aggravating factors outweigh mitigating factors.

32008–2010
United States v. Cronic green
scotus · 1984
2 sentences

2000Our conclusion, upon close examination of the statements, the argument in its entirety, and trial counsel’s actions at the death sentencing hearing, is that trial counsel exposed the State’s case to the “crucible of meaningful adversarial testing.” Cronic, 466 U.S. at 656-57 , 80 L.

2000Our conclusion, upon close examination of the statements, the argument in its entirety, and trial counsel’s actions at the death sentencing hearing, is that trial counsel exposed the State’s case to the “crucible of meaningful adversarial testing.” Cronic, 466 U.S. at 656-57 , 80 L.

31992–2000
People v. Gilliam green
ill · 1996
2 sentences

2002However, this court has previously rejected the argument that the Illinois death penalty statute is unconstitutional because: (1) it does not require, at the second phase of the death sentencing hearing, the State to prove beyond a reasonable doubt that there are no mitigating factors sufficient to preclude imposition of the death penalty (People v. Davis, 205 Ill. 2d 349, 372-75 (2002)); (2) it places a burden of proof on a defendant that precludes meaningful consideration of mitigation evidence (People v. Williams, 193 Ill. 2d 306, 376 (2000)); (3) it permits the sentencing body to weigh the

2002However, this court has previously rejected the argument that the Illinois death penalty statute is unconstitutional because: (1) it does not require, at the second phase of the death sentencing hearing, the State to prove beyond a reasonable doubt that there are no mitigating factors sufficient to preclude imposition of the death penalty ( People v. Davis, 205 Ill.2d 349, 372-75 , 275 Ill.Dec. 781 , 793 N.E.2d 552 (2002)); (2) it places a burden of proof on a defendant that precludes meaningful consideration of mitigation evidence ( People v. Williams, 193 Ill.2d 306, 376 , 250 Ill.Dec. 692 ,

22002–2002
People v. Coleman green
ill · 1989
2 sentences

2001See Williams, 193 Ill. 2d at 368-73 ; Williams, 181 Ill. 2d at 321-22 ; Coleman, 129 Ill. 2d at 347 .

2001See Williams, 193 Ill.2d at 368-73 , 250 Ill.Dec. 692 , 739 N.E.2d 455 ; Williams, 181 Ill.2d at 321-22 , 229 Ill.Dec. 898 , 692 N.E.2d 1109 ; Coleman, 129 Ill.2d at 347 , 135 Ill.Dec. 834 , 544 N.E.2d 330 .

22001–2001
People v. Lewis green
ill · 1995
22001–2001
People v. Evans green
ill · 1999
22000–2000
Brady v. Maryland green
scotus · 1963
22000–2000
People v. Brown green
ill · 1998
22000–2000
People v. Pasch green
ill · 1992
22000–2000
People v. Christiansen green
ill · 1987
22000–2000
People v. Simms green
ill · 1991
22000–2000
People v. Henderson green
ill · 1990
21995–1995
People v. Eddmonds green
ill · 1991
21993–1995
People v. Gaines green
ill · 1981
21983–1991
Booth v. Maryland red
scotus · 1987
21990–1991
People v. Szabo green
ill · 1983
21983–1988
Witherspoon v. Illinois green
scotus · 1968
12008–2008
Kyles v. Whitley green
scotus · 1995
12000–2000
People v. Foster green
ill · 1996
12000–2000
Giglio v. United States green
scotus · 1972
12000–2000
People v. Brisbon green
ill · 1995
11996–1996
People v. St. Pierre green
ill · 1992
11995–1995
People v. Guest green
ill · 1986
11995–1995
People v. Peeples green
ill · 1993
11995–1995
People v. Madej green
ill · 1985
11995–1995
People v. Buggs green
ill · 1986
11995–1995
People v. Lewis green
ill · 1981
11995–1995
People v. Albanese green
ill · 1984
11995–1995
People v. Ramey green
ill · 1992
11995–1995
Buchanan v. Kentucky green
scotus · 1987
11995–1995
People v. Rissley green
ill · 1995
11995–1995
People v. Caballero green
ill · 1984
11994–1994
People v. Morgan green
ill · 1991
11991–1991
People v. Holman green
ill · 1984
11991–1991
People v. Caballero green
ill · 1989
11989–1989
People v. Walker green
ill · 1982
11988–1988
People v. Brisbon green
ill · 1985
11988–1988
People v. Owens green
ill · 1984
11987–1987

Statutes the citing opinions construe

IL § 725 ILCS 5/119-5 (13) IL § 725 ILCS 5/122-1 (10) IL § 720 ILCS 5/9-1 (9) IL § 730 ILCS 5/5-8-1 (4)

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.

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