7 Illinois opinions name it 2 courts 2015–2024 4 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 |
|---|---|---|
People v. Stapinskigreen2 sentences2024Stapinski, - 20 - 2015 IL 118278, ¶ 35 (once it is determined that a defendant suffered a prejudicial violation of his due process rights, the circuit court’s choice of remedy is reviewed for an abuse of discretion). 2023The appellate court, citing Lafler, agreed with the State, observing that “the state trial court has to exercise its discretion to determine the correct remedy” and that “we review the trial court's decision to determine if it abused its discretion in fashioning a remedy that would neutralize the taint of the sixth amendment violation.” Id.; see also People v. Nicholson, 2021 IL App (3d) 180010, ¶ 25 (“The trial court has the discretion to impose a sentence that is either (1) equal to the 6 years offered by the State or (2) greater than it but less than the 25 years Nicholson initially receive | 2 | 4 |
People v. Nicholsongreen1 sentence2023The appellate court, citing Lafler, agreed with the State, observing that “the state trial court has to exercise its discretion to determine the correct remedy” and that “we review the trial court's decision to determine if it abused its discretion in fashioning a remedy that would neutralize the taint of the sixth amendment violation.” Id.; see also People v. Nicholson, 2021 IL App (3d) 180010, ¶ 25 (“The trial court has the discretion to impose a sentence that is either (1) equal to the 6 years offered by the State or (2) greater than it but less than the 25 years Nicholson initially receive | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Oliver
green
2 sentences2015Oliver, 368 Ill. 2015Oliver, 368 Ill. | 2 | 2015–2015 |
People v. McDonald
green
1 sentence2023The appellate court, citing Lafler, agreed with the State, observing that “the state trial court has to exercise its discretion to determine the correct remedy” and that “we review the trial court's decision to determine if it abused its discretion in fashioning a remedy that would neutralize the taint of the sixth amendment violation.” Id.; see also People v. Nicholson, 2021 IL App (3d) 180010, ¶ 25 (“The trial court has the discretion to impose a sentence that is either (1) equal to the 6 years offered by the State or (2) greater than it but less than the 25 years Nicholson initially receive | 1 | 2023–2023 |
People v. Espinoza
green
1 sentence2022Defendant maintains that the State’s failure to charge an offense violates a defendant’s fundamental right to be informed of the nature and cause of the criminal accusations made against him or her, citing Espinoza, 2015 IL 118218, ¶ 15 . | 1 | 2022–2022 |
People v. Newberry
green
1 sentence2022Discovery Sanctions Under Rule 415(g)(i) -8- ¶ 25 In Newberry, 166 Ill. 2d at 317-18 , our supreme court held that Rule 415(g)(i) may be used “independent of any due process considerations” to impose a sanction for the State’s discovery violation, including the dismissal of charges against a defendant. | 1 | 2022–2022 |