5 Illinois opinions name it 1 courts 2022–2026 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 |
|---|---|---|
Miller v. Alabamagreen2 sentences2022Defendant argues the petition in this case “strongly suggests that his mandatory de facto life sentence was unconstitutional” under the proportionate penalties clause of the Illinois constitution in the light of Miller v. Alabama, 567 U.S. 460 (2012) and People v. House, 2015 IL App (1st) 110580 . 2022In Miller v. Alabama, 567 U.S. 460, 489 (2012), the United States Supreme Court held that it was unconstitutional to impose upon a juvenile offender a sentence of life without the possibility of parole without considering the juvenile’s youth. | 1 | 2 |
People v. Griffingreen1 sentence2026See, e.g., People v. Griffin, 368 Ill. | 1 | 1 |
People v. Greengreen1 sentence2023See People v. Green, 2022 IL App (1st) 200749, ¶ 42 (collecting cases and concluding “the line of adulthood has been drawn at age 21.”) The defendant, however, relies on what may be the only case allowing an emerging adult claim to proceed for a defendant over the age of 21, People v. Savage, 2020 IL App (1st) 173135 . | 1 | 1 |
People v. Savagegreen1 sentence2023See People v. Green, 2022 IL App (1st) 200749, ¶ 42 (collecting cases and concluding “the line of adulthood has been drawn at age 21.”) The defendant, however, relies on what may be the only case allowing an emerging adult claim to proceed for a defendant over the age of 21, People v. Savage, 2020 IL App (1st) 173135 . | 1 | 1 |
People v. Turnergreen1 sentence2022Specifically, petitioner alleges postconviction counsel was ineffective for (1) failing to properly raise a claim that trial counsel was ineffective for not moving to suppress petitioner’s statement to the police, (2) raising a claim that was barred by res judicata, (3) failing to raise an emerging-adult claim, and (4) failing to raise a meritorious speedy-trial and compulsory-joinder claim. ¶ 23 During postconviction proceedings, a petitioner is entitled to a “reasonable level of assistance.” People v. Turner, 187 Ill. 2d 406, 410 (1999). | 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. House
green
2 sentences2024The Addison majority further held that “the appellate court correctly remanded the cause for compliance with Rule 651(c) without considering whether the claims in the petition were meritorious.” Id. ¶ 22 In the present case, appointed counsel violated Rule 651(c) by failing to shape the claim into proper form, because, inter alia, counsel failed to allege specific facts in support of the emerging adult claim as required by the Illinois Supreme Court case of People v. House, 2021 IL 125124 , and advanced arguments on an eighth amendment claim that had previously been abandoned following the Ill 2022Defendant cites People v. House, 2021 IL 125124 for the proposition that even a “bare-boned” pro se post-conviction petition that alleges an emerging adult claim is sufficient to begin second-stage proceedings. | 2 | 2022–2024 |
People v. Buffer
green
1 sentence2024The Addison majority further held that “the appellate court correctly remanded the cause for compliance with Rule 651(c) without considering whether the claims in the petition were meritorious.” Id. ¶ 22 In the present case, appointed counsel violated Rule 651(c) by failing to shape the claim into proper form, because, inter alia, counsel failed to allege specific facts in support of the emerging adult claim as required by the Illinois Supreme Court case of People v. House, 2021 IL 125124 , and advanced arguments on an eighth amendment claim that had previously been abandoned following the Ill | 1 | 2024–2024 |
People v. House
green
1 sentence2022Defendant argues the petition in this case “strongly suggests that his mandatory de facto life sentence was unconstitutional” under the proportionate penalties clause of the Illinois constitution in the light of Miller v. Alabama, 567 U.S. 460 (2012) and People v. House, 2015 IL App (1st) 110580 . | 1 | 2022–2022 |
People v. Jennings
green
1 sentence2022Accordingly, - 16 - 2022 IL App (2d) 200449-U we cannot find that postconviction counsel rendered unreasonable assistance to petitioner by not raising it. ¶ 45 Petitioner argues for a contrary result, citing People v. Jennings, 345 Ill. | 1 | 2022–2022 |
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.