7 Illinois opinions name it 1 courts 2003–2024 5 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.
| Case | Followed | Cited |
|---|---|---|
Stack v. Boylegreen2 sentences2024Stack v. Boyle, 342 U.S. 1, 4 (1951); see Salerno, 481 U.S. at 755 (“In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.”); United States v. O’Brien, 895 F.2d 810, 814 (1st Cir. 1990) (in determining pretrial release, “ ‘[a] 37 No. 1-23-2009B crucial liberty interest is at stake.’ ” (quoting United States v. Delker, 757 F.2d 1390, 1399 (3d Cir. 1985)). ¶ 121 Among other things, pretrial liberty “permits the unhampered preparation of a defense[] and serves to prevent the infliction of punishment prior to conviction.” Stack, 342 U 2024Stack v. Boyle, 342 U.S. 1, 4 (1951); see Salerno, 481 U.S. at 755 (“In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.”); United States v. O’Brien, 895 F.2d 810, 814 (1st Cir. 1990) (in determining pretrial release, “ ‘[a] 37 No. 1-23-2009B crucial liberty interest is at stake.’ ” (quoting United States v. Delker, 757 F.2d 1390, 1399 (3d Cir. 1985)). ¶ 121 Among other things, pretrial liberty “permits the unhampered preparation of a defense[] and serves to prevent the infliction of punishment prior to conviction.” Stack, 342 U | 3 | 5 |
United States v. Salernogreen2 sentences2024Indeed, the presumption of eligibility for release and the elimination of cash bail seems to bring us closer than ever before to Salerno’s observation that “[i]n our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.” Id. at 755 . 2024Stack v. Boyle, 342 U.S. 1, 4 (1951); see Salerno, 481 U.S. at 755 (“In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.”); United States v. O’Brien, 895 F.2d 810, 814 (1st Cir. 1990) (in determining pretrial release, “ ‘[a] 37 No. 1-23-2009B crucial liberty interest is at stake.’ ” (quoting United States v. Delker, 757 F.2d 1390, 1399 (3d Cir. 1985)). ¶ 121 Among other things, pretrial liberty “permits the unhampered preparation of a defense[] and serves to prevent the infliction of punishment prior to conviction.” Stack, 342 U | 3 | 5 |
United States v. Robert P. Delkergreen2 sentences2024Stack v. Boyle, 342 U.S. 1, 4 , 72 S.Ct. 1 , 96 L.Ed. 3 (1951); see Salerno, 481 U.S. at 755 , 107 S.Ct. 2095 (‘In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.’); United States v. O'Brien, 895 F.2d 810, 814 (1st Cir. 1990) (in determining pretrial release, ‘ “[a] crucial liberty interest is at stake.” ’) (quoting United States v. Delker, 757 F.2d 1390, 1399 (3d Cir. 1985)).” Id. ¶¶ 119-120. 19 No. 1-23-2416B In appeals from detention orders entered under the Bail Reform Act of 1984 ( 18 U.S.C. § 3141 et seq. (2018)), the maj 2024Stack v. Boyle, 342 U.S. 1, 4 (1951); see Salerno, 481 U.S. at 755 (“In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.”); United States v. O’Brien, 895 F.2d 810, 814 (1st Cir. 1990) (in determining pretrial release, “ ‘[a] 37 No. 1-23-2009B crucial liberty interest is at stake.’ ” (quoting United States v. Delker, 757 F.2d 1390, 1399 (3d Cir. 1985)). ¶ 121 Among other things, pretrial liberty “permits the unhampered preparation of a defense[] and serves to prevent the infliction of punishment prior to conviction.” Stack, 342 U | 3 | 3 |
United States v. Edward O'Briengreen2 sentences2024Stack v. Boyle, 342 U.S. 1, 4 , 72 S.Ct. 1 , 96 L.Ed. 3 (1951); see Salerno, 481 U.S. at 755 , 107 S.Ct. 2095 (‘In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.’); United States v. O'Brien, 895 F.2d 810, 814 (1st Cir. 1990) (in determining pretrial release, ‘ “[a] crucial liberty interest is at stake.” ’) (quoting United States v. Delker, 757 F.2d 1390, 1399 (3d Cir. 1985)).” Id. ¶¶ 119-120. 19 No. 1-23-2416B In appeals from detention orders entered under the Bail Reform Act of 1984 ( 18 U.S.C. § 3141 et seq. (2018)), the maj 2024Stack v. Boyle, 342 U.S. 1, 4 (1951); see Salerno, 481 U.S. at 755 (“In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.”); United States v. O’Brien, 895 F.2d 810, 814 (1st Cir. 1990) (in determining pretrial release, “ ‘[a] 37 No. 1-23-2009B crucial liberty interest is at stake.’ ” (quoting United States v. Delker, 757 F.2d 1390, 1399 (3d Cir. 1985)). ¶ 121 Among other things, pretrial liberty “permits the unhampered preparation of a defense[] and serves to prevent the infliction of punishment prior to conviction.” Stack, 342 U | 3 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Foucha v. Louisiana
green
2 sentences2003The Supreme Court concluded that, in our society, liberty is the norm, and detention prior to trial or without trial is a carefully limited exception that the Court would not apply to “a law like Louisiana’s, which permits the indefinite detention of insanity acquit-tees who are not mentally ill but who do not prove they would not be dangerous to others.” (Emphasis added.) Foucha, 504 U.S. at 83 , 118 L. 2003The Supreme Court concluded that, in our society, liberty is the norm, and detention prior to trial or without trial is a carefully limited exception that the Court would not apply to “a law like Louisiana’s, which permits the indefinite detention of insanity acquit-tees who are not mentally ill but who do not prove they would not be dangerous to others.” (Emphasis added.) Foucha, 504 U.S. at 83 , 118 L. | 2 | 2003–2003 |
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.
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.