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7 Illinois opinions name it 2 courts 2019–2021 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 |
|---|---|---|
Montgomery v. Louisianagreen2 sentences2021The Court continued that, “[a]lthough we do not foreclose a sentencer’s ability to make that judgment in homicide cases, we require it to take into account how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison.” Id. at 480. - 39 - 2021 IL App (2d) 180379 ¶ 96 In Montgomery v. Louisiana, 577 U.S. ___ , 136 S. Ct. 718 (2016), the Court held that Miller applied retroactively, and it clarified that Miller established both a substantive and a procedural requirement. 2021See Buffer, 2019 IL 122327, ¶ 21 (citing Miller, 567 U.S. at 479-80 ); Holman, 2017 IL 120655, ¶ 36 (same). ¶ 73 In Montgomery v. Louisiana, 577 U.S. ___ , ___, 136 S. Ct. 718, 734 (2016), the Supreme Court clarified that Miller established both a substantive and a procedural requirement: “Miller, it is true, did not bar a punishment for all juvenile offenders, as the Court did in Roper or Graham. | 2 | 6 |
Miller v. Alabamagreen2 sentences2021Accordingly, “a judge or jury must have the opportunity - 12 - No. 1-20-0112 to consider mitigating circumstances before imposing the harshest possible penalty for juveniles.” Id. at 489 . 3 ¶ 30 Subsequent to the decision in Miller, the high court in Montgomery v. Louisiana clarified that Miller established both a substantive and a procedural requirement. 577 U.S. 190 , 136 S. Ct. 718 (2016). 2021See Buffer, 2019 IL 122327, ¶ 21 (citing Miller, 567 U.S. at 479-80 ); Holman, 2017 IL 120655, ¶ 36 (same). ¶ 73 In Montgomery v. Louisiana, 577 U.S. ___ , ___, 136 S. Ct. 718, 734 (2016), the Supreme Court clarified that Miller established both a substantive and a procedural requirement: “Miller, it is true, did not bar a punishment for all juvenile offenders, as the Court did in Roper or Graham. | 2 | 5 |
People v. Holmanred2 sentences2021See Buffer, 2019 IL 122327, ¶ 21 (citing Miller, 567 U.S. at 479-80 ); Holman, 2017 IL 120655, ¶ 36 (same). ¶ 73 In Montgomery v. Louisiana, 577 U.S. ___ , ___, 136 S. Ct. 718, 734 (2016), the Supreme Court clarified that Miller established both a substantive and a procedural requirement: “Miller, it is true, did not bar a punishment for all juvenile offenders, as the Court did in Roper or Graham. 2020See Buffer, 2019 IL 122327, ¶ 21 (citing Miller, 567 U.S. at 479-80 ); Holman, 2017 IL 120655, ¶ 36 (same). ¶ 73 In Montgomery v. Louisiana, 577 U.S. ___ , ___, 136 S. Ct. 718, 734 (2016), the Supreme Court clarified that Miller established both a substantive and a procedural requirement: “Miller, it is true, did not bar a punishment for all juvenile offenders, as the Court did in Roper or Graham. | 2 | 2 |
People v. Buffergreen2 sentences2021See Buffer, 2019 IL 122327, ¶ 21 (citing Miller, 567 U.S. at 479-80 ); Holman, 2017 IL 120655, ¶ 36 (same). ¶ 73 In Montgomery v. Louisiana, 577 U.S. ___ , ___, 136 S. Ct. 718, 734 (2016), the Supreme Court clarified that Miller established both a substantive and a procedural requirement: “Miller, it is true, did not bar a punishment for all juvenile offenders, as the Court did in Roper or Graham. 2020See Buffer, 2019 IL 122327, ¶ 21 (citing Miller, 567 U.S. at 479-80 ); Holman, 2017 IL 120655, ¶ 36 (same). ¶ 73 In Montgomery v. Louisiana, 577 U.S. ___ , ___, 136 S. Ct. 718, 734 (2016), the Supreme Court clarified that Miller established both a substantive and a procedural requirement: “Miller, it is true, did not bar a punishment for all juvenile offenders, as the Court did in Roper or Graham. | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Montgomery v. Louisiana
green
2 sentences2021The Court continued that, “[a]lthough we do not foreclose a sentencer’s ability to make that judgment in homicide cases, we require it to take into account how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison.” Id. at 480. ¶ 96 In Montgomery v. Louisiana, 577 U.S. 190 (2016), the Court held that Miller applied retroactively, and it clarified that Miller established both a substantive and a procedural requirement. 2021Accordingly, “a judge or jury must have the opportunity - 12 - No. 1-20-0112 to consider mitigating circumstances before imposing the harshest possible penalty for juveniles.” Id. at 489 . 3 ¶ 30 Subsequent to the decision in Miller, the high court in Montgomery v. Louisiana clarified that Miller established both a substantive and a procedural requirement. 577 U.S. 190 , 136 S. Ct. 718 (2016). | 2 | 2021–2021 |
People v. Vatamaniuc
green
1 sentence2021The Court continued that, “[a]lthough we do not foreclose a sentencer’s ability to make that judgment in homicide cases, we require it to take into account how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison.” Id. at 480. - 39 - 2021 IL App (2d) 180379 ¶ 96 In Montgomery v. Louisiana, 577 U.S. ___ , 136 S. Ct. 718 (2016), the Court held that Miller applied retroactively, and it clarified that Miller established both a substantive and a procedural requirement. | 1 | 2021–2021 |
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.