remedy for a constitutional violation (Illinois) · Go Syfert
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remedy for a constitutional violation in Illinois

7 Illinois opinions name it 2 courts 2003–2020 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 (7)

CaseFollowedCited
Neder v. United Statesgreen
scotus · 1999 · cited in 4 Illinois opinions naming this issue, 2003–2004
2 sentences

2004Ed. 2d at 61 , 119 S. Ct. at 1845 (Scalia, J., concurring in part and dissenting in part, joined by Souter and Ginsburg, JJ.) (‘The Court’s decision today [in Neder] is the only instance I know of (or could conceive of) in which the remedy for a constitutional violation by a trial judge (making the determination of criminal guilt reserved to the jury) is a repetition of the same constitutional violation by the appellate court (making the determination of criminal guilt reserved to the jury.)’).

2004Ed. 2d at 61 , 119 S. Ct. at 1845 (Scalia, J., concurring in part and dissenting in part, joined by Souter and Ginsburg, JJ.) ('The Court's decision today [in Neder ] is the only instance I know of (or could conceive of) in which the remedy for a constitutional violation by a trial judge (making the determination of criminal guilt reserved to the jury) is a repetition of the same constitutional violation by the appellate court (making the determination of criminal guilt reserved to the jury)').

44
DeSMET EX REL. v. County of Rock Islandgreen
ill · 2006 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011City of Urbana v. Andrew N.B., 211 Ill.2d 456, 477 , 286 Ill.Dec. 75 , 813 N.E.2d 132 (2004); see also DeSmet v. County of Rock Island, 219 Ill.2d 497, 510 , 302 Ill.Dec. 466 , 848 N.E.2d 1030 (2006); In re Branning, 285 Ill.App.3d 405, 410 , 220 Ill.Dec. 920 , 674 N.E.2d 463 (1996) (rule of construing a *1078 statute so as to uphold its constitutionality when reasonably possible is not a license to rewrite legislation).

2011City of Urbana v. Andrew N.B., 211 Ill.2d 456, 477 , 286 Ill.Dec. 75 , 813 N.E.2d 132 (2004); see also DeSmet v. County of Rock Island, 219 Ill.2d 497, 510 , 302 Ill.Dec. 466 , 848 N.E.2d 1030 (2006); In re Branning, 285 Ill.App.3d 405, 410 , 220 Ill.Dec. 920 , 674 N.E.2d 463 (1996) (rule of construing a *1078 statute so as to uphold its constitutionality when reasonably possible is not a license to rewrite legislation).

22
City of Urbana v. Andrew N.B.green
ill · 2004 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011City of Urbana v. Andrew N.B., 211 Ill.2d 456, 477 , 286 Ill.Dec. 75 , 813 N.E.2d 132 (2004); see also DeSmet v. County of Rock Island, 219 Ill.2d 497, 510 , 302 Ill.Dec. 466 , 848 N.E.2d 1030 (2006); In re Branning, 285 Ill.App.3d 405, 410 , 220 Ill.Dec. 920 , 674 N.E.2d 463 (1996) (rule of construing a *1078 statute so as to uphold its constitutionality when reasonably possible is not a license to rewrite legislation).

2011City of Urbana v. Andrew N.B., 211 Ill.2d 456, 477 , 286 Ill.Dec. 75 , 813 N.E.2d 132 (2004); see also DeSmet v. County of Rock Island, 219 Ill.2d 497, 510 , 302 Ill.Dec. 466 , 848 N.E.2d 1030 (2006); In re Branning, 285 Ill.App.3d 405, 410 , 220 Ill.Dec. 920 , 674 N.E.2d 463 (1996) (rule of construing a *1078 statute so as to uphold its constitutionality when reasonably possible is not a license to rewrite legislation).

12
People v. Branninggreen
illappct · 1996 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011City of Urbana v. Andrew N.B., 211 Ill.2d 456, 477 , 286 Ill.Dec. 75 , 813 N.E.2d 132 (2004); see also DeSmet v. County of Rock Island, 219 Ill.2d 497, 510 , 302 Ill.Dec. 466 , 848 N.E.2d 1030 (2006); In re Branning, 285 Ill.App.3d 405, 410 , 220 Ill.Dec. 920 , 674 N.E.2d 463 (1996) (rule of construing a *1078 statute so as to uphold its constitutionality when reasonably possible is not a license to rewrite legislation).

2011City of Urbana v. Andrew N.B., 211 Ill.2d 456, 477 , 286 Ill.Dec. 75 , 813 N.E.2d 132 (2004); see also DeSmet v. County of Rock Island, 219 Ill.2d 497, 510 , 302 Ill.Dec. 466 , 848 N.E.2d 1030 (2006); In re Branning, 285 Ill.App.3d 405, 410 , 220 Ill.Dec. 920 , 674 N.E.2d 463 (1996) (rule of construing a *1078 statute so as to uphold its constitutionality when reasonably possible is not a license to rewrite legislation).

12
James William Bishop v. Jim Rose, Wardengreen
ca6 · 1983 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See id. - 14 - ¶ 71 Thus, we disagree with defendant’s synthesis of Bishop.

11
United States v. Gaudingreen
scotus · 1995 · cited in 1 Illinois opinions naming this issue, 2003–2003
2 sentences

2003Strict adherence to the Apprendi rule here would avoid this situation, and would honor the "surpassing[ly] importan[t]" constitutional protections that entitle a criminal defendant to "`a jury determination that [he] is guilty of every element of the crime with which he is charged, beyond a reasonable doubt.'" Apprendi, 530 U.S. at 476-77 , 120 S.Ct. at 2355-56 , 147 L.Ed.2d at 447 , quoting United States v. Gaudin, 515 U.S. 506, 510 , 115 S.Ct. 2310, 2313 , 132 L.Ed.2d 444, 449 (1995); see In re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068, 1073 , 25 L.Ed.2d 368, 375 (1970) ("[T]he Due Process

2003Strict adherence to the Apprendi rule here would avoid this situation, and would honor the "surpassing[ly] importan[t]" constitutional protections that entitle a criminal defendant to "`a jury determination that [he] is guilty of every element of the crime with which he is charged, beyond a reasonable doubt.'" Apprendi, 530 U.S. at 476-77 , 120 S.Ct. at 2355-56 , 147 L.Ed.2d at 447 , quoting United States v. Gaudin, 515 U.S. 506, 510 , 115 S.Ct. 2310, 2313 , 132 L.Ed.2d 444, 449 (1995); see In re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068, 1073 , 25 L.Ed.2d 368, 375 (1970) ("[T]he Due Process

11
In Re WINSHIPgreen
scotus · 1970 · cited in 1 Illinois opinions naming this issue, 2003–2003
2 sentences

2003Strict adherence to the Apprendi rule here would avoid this situation, and would honor the "surpassing[ly] importan[t]" constitutional protections that entitle a criminal defendant to "`a jury determination that [he] is guilty of every element of the crime with which he is charged, beyond a reasonable doubt.'" Apprendi, 530 U.S. at 476-77 , 120 S.Ct. at 2355-56 , 147 L.Ed.2d at 447 , quoting United States v. Gaudin, 515 U.S. 506, 510 , 115 S.Ct. 2310, 2313 , 132 L.Ed.2d 444, 449 (1995); see In re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068, 1073 , 25 L.Ed.2d 368, 375 (1970) ("[T]he Due Process

2003Strict adherence to the Apprendi rule here would avoid this situation, and would honor the "surpassing[ly] importan[t]" constitutional protections that entitle a criminal defendant to "`a jury determination that [he] is guilty of every element of the crime with which he is charged, beyond a reasonable doubt.'" Apprendi, 530 U.S. at 476-77 , 120 S.Ct. at 2355-56 , 147 L.Ed.2d at 447 , quoting United States v. Gaudin, 515 U.S. 506, 510 , 115 S.Ct. 2310, 2313 , 132 L.Ed.2d 444, 449 (1995); see In re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068, 1073 , 25 L.Ed.2d 368, 375 (1970) ("[T]he Due Process

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. Thurow green
ill · 2003
2 sentences

2004Strict adherence to the Apprendi rule here would avoid this situation[ ] and would honor the ‘surpassingly] importan[t]’ constitutional protections that entitle a criminal defendant to ‘ “a jury determination that [he] is guilty of every element of the crime with which he is charged, beyond a reasonable doubt.” ’ [Citations.]” Thurow, 203 Ill. 2d at 369-70 , 786 N.E.2d at 1029 .

2004Strict adherence to the Apprendi rule here would avoid this situation[ ] and would honor the ‘surpassingly] importan[t]’ constitutional protections that entitle a criminal defendant to ‘ “a jury determination that [he] is guilty of every element of the crime with which he is charged, beyond a reasonable doubt.” ’ [Citations.]” Thurow, 203 Ill. 2d at 369-70 , 786 N.E.2d at 1029 .

22004–2004
Apprendi v. New Jersey green
scotus · 2000
2 sentences

2003Strict adherence to the Apprendi rule here would avoid this situation, and would honor the “surpassingly] important]” constitutional protections that entitle a criminal defendant to “ ‘a jury determination that [he] is guilty of every element of the crime with which he is charged, beyond a reasonable doubt.’ ” Apprendi, 530 U.S. at 476-77 , 147 L.

2003Strict adherence to the Apprendi rule here would avoid this situation, and would honor the “surpassingly] important]” constitutional protections that entitle a criminal defendant to “ ‘a jury determination that [he] is guilty of every element of the crime with which he is charged, beyond a reasonable doubt.’ ” Apprendi, 530 U.S. at 476-77 , 147 L.

22003–2003

Statutes the citing opinions construe

IL § 5 ILCS 70/4 (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 7 (2003–2020) IA 6 (2007–2019) TX 5 (1998–2020) OR 3 (2009–2014) CA 2 (1979–2015) MD 2 (2000–2003)

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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