Shermaine challenge (Illinois) · Go Syfert
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Shermaine challenge in Illinois

7 Illinois opinions name it 1 courts 2015–2017 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 (2)

CaseFollowedCited
In re Isaiah D.green
illappct · 2015 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017In fact, we recently applied that logic in rejecting a proportionate penalties challenge: ‘[B]ecause in Chrastka, our supreme court held that sentencing a habitual juvenile offender to a mandatory minimum sentence *** did not 17 No. 1-17-0152 violate the eighth amendment and the proportionate penalties clause provides co-extensive protections, we also reject Shermaine’s challenge to the habitual juvenile offender provision under our state constitution.’ ” Isaiah D., 2015 IL App (1st) 143507, ¶ 58 (quoting Shermaine S., 2015 IL App (1st) 142421 , ¶ 31). ¶ 44 Respondent argues that this holding

2017In fact, we recently applied that logic in rejecting a proportionate penalties challenge: ‘[B]ecause in Chrastka, our supreme court held that sentencing a habitual juvenile offender to a mandatory minimum sentence *** did not violate the eighth amendment and the proportionate penalties clause provides co-extensive protections, we also reject Shermaine’s challenge to the habitual juvenile offender provision under our state constitution.’ ” Isaiah D., 2015 IL App (1st) 143507, ¶ 58 (quoting Shermaine S., 2015 IL App (1st) 142421 , ¶ 31). ¶ 44 Respondent argues that this holding in Patterson is a

22
In re A.P.green
illappct · 2014 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015See A.P., 2014 IL App (1st) 140327, ¶¶ 16-24 .

2015See A.P., 2014 IL App (1st) 140327, ¶¶ 16-24 .

22

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 (4)

CaseCitedYears
In re Shermaine S. green
illappct · 2015
2 sentences

2017In fact, we recently applied that logic in rejecting a proportionate penalties challenge: ‘[B]ecause in Chrastka, our supreme court held that sentencing a habitual juvenile offender to a mandatory minimum sentence *** did not 17 No. 1-17-0152 violate the eighth amendment and the proportionate penalties clause provides co-extensive protections, we also reject Shermaine’s challenge to the habitual juvenile offender provision under our state constitution.’ ” Isaiah D., 2015 IL App (1st) 143507, ¶ 58 (quoting Shermaine S., 2015 IL App (1st) 142421 , ¶ 31). ¶ 44 Respondent argues that this holding

2017In fact, we recently applied that logic in rejecting a proportionate penalties challenge: ‘[B]ecause in Chrastka, our supreme court held that sentencing a habitual juvenile offender to a mandatory minimum sentence *** did not violate the eighth amendment and the proportionate penalties clause provides co-extensive protections, we also reject Shermaine’s challenge to the habitual juvenile offender provision under our state constitution.’ ” Isaiah D., 2015 IL App (1st) 143507, ¶ 58 (quoting Shermaine S., 2015 IL App (1st) 142421 , ¶ 31). ¶ 44 Respondent argues that this holding in Patterson is a

42015–2017
People v. Fountain green
illappct · 2012
2 sentences

2015Thus, because in Chrastka, our supreme court held that sentencing a habitual juvenile offender to a mandatory minimum sentence of commitment until the age of 21 years did not violate the eighth amendment and the proportionate penalties clause provides co-extensive protections, we also reject Shermaine's challenge to the habitual juvenile offender provision under our state constitution. ¶ 32 As an appellate court, we are required to follow supreme court precedent on an issue "unless and until that conclusion is revisited by our supreme court or overruled by the United States Supreme Court." Peo

2015Thus, because in Chrastka, our supreme court held that sentencing a habitual juvenile offender to a mandatory minimum sentence of commitment until the age of 21 years did not violate the eighth amendment and the proportionate penalties clause provides co-extensive protections, we also reject Shermaine's challenge to the habitual juvenile offender provision under our state constitution. ¶ 32 As an appellate court, we are required to follow supreme court precedent on an issue "unless and until that conclusion is revisited by our supreme court or overruled by the United States Supreme Court." Peo

32015–2015
People v. Miller green
ill · 2002
2 sentences

2017In fact, we recently applied that logic in rejecting a proportionate penalties challenge: ‘[B]ecause in Chrastka, our supreme court held that sentencing a habitual juvenile offender to a mandatory minimum sentence *** did not 17 No. 1-17-0152 violate the eighth amendment and the proportionate penalties clause provides co-extensive protections, we also reject Shermaine’s challenge to the habitual juvenile offender provision under our state constitution.’ ” Isaiah D., 2015 IL App (1st) 143507, ¶ 58 (quoting Shermaine S., 2015 IL App (1st) 142421 , ¶ 31). ¶ 44 Respondent argues that this holding

2017In fact, we recently applied that logic in rejecting a proportionate penalties challenge: ‘[B]ecause in Chrastka, our supreme court held that sentencing a habitual juvenile offender to a mandatory minimum sentence *** did not violate the eighth amendment and the proportionate penalties clause provides co-extensive protections, we also reject Shermaine’s challenge to the habitual juvenile offender provision under our state constitution.’ ” Isaiah D., 2015 IL App (1st) 143507, ¶ 58 (quoting Shermaine S., 2015 IL App (1st) 142421 , ¶ 31). ¶ 44 Respondent argues that this holding in Patterson is a

22017–2017
People v. Patterson green
ill · 2015
2 sentences

2015In fact, we recently applied that logic in rejecting a proportionate penalties challenge: "[B]ecause in Chrastka, our supreme court held that sentencing a habitual juvenile offender to a mandatory minimum sentence *** did not violate the eighth amendment and the proportionate penalties clause provides co-extensive protections, we also reject Shermaine's challenge to the habitual juvenile offender provision under our state constitution." Shermaine S., 2015 IL App (1st) 142421, ¶ 31 . ¶ 59 Respondent urges that our supreme court's statement that the proportionate penalties clause is "co-extensiv

2015In fact, we recently applied that logic in rejecting a proportionate penalties challenge: “[B]ecause in Chrastka, our supreme court held - 14 - that sentencing a habitual juvenile offender to a mandatory minimum sentence *** did not violate the eighth amendment and the proportionate penalties clause provides co-extensive protections, we also reject Shermaine’s challenge to the habitual juvenile offender provision under our state constitution.” Shermaine S., 2015 IL App (1st) 142421, ¶ 31 . ¶ 59 Respondent urges that our supreme court’s statement that the proportionate penalties clause is “co-e

22015–2015

Statutes the citing opinions construe

IL § 705 ILCS 405/5-815 (7) IL § 705 ILCS 405/5-820 (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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