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5 Illinois opinions name it 1 courts 2000–2017 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.
| Case | Followed | Cited |
|---|---|---|
People v. Dovergreen2 sentences2017App. 3d 790, 797 , 728 N.E.2d 90, 96 (2000) (“Based upon our review of supreme court precedent, we conclude that, when a defendant challenges only the duration of the sentence imposed by a trial court, the Evans-Linder doctrine applies ***.”). 2017App. 3d 790, 797 , 728 N.E.2d 90, 96 (2000) (“Based upon our review of supreme court precedent, we conclude that, when a defendant challenges only the duration of the sentence imposed by a trial court, the Evans-Linder doctrine applies ***.”). | 4 | 4 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Linder
green
2 sentences2017App. 3d at 37-38 , 674 N.E.2d at 142 . ¶ 34 Additionally, the Evans-Linder rule applies contract principles to negotiated plea agreements to ensure the State is not unfairly bound “to the terms of the plea agreement while giving the defendant the opportunity to avoid or modify those terms.” Linder, 186 Ill. 2d at 74 , 708 N.E.2d at 1173 . 2017App. 3d at 37-38 , 674 N.E.2d at 142 . ¶ 34 Additionally, the Evans-Linder rule applies contract principles to negotiated plea agreements to ensure the State is not unfairly bound “to the terms of the plea agreement while giving the defendant the opportunity to avoid or modify those terms.” Linder, 186 Ill. 2d at 74 , 708 N.E.2d at 1173 . | 2 | 2017–2017 |
People v. Martell
green
2 sentences2017The Second District reiterated this conclusion in People v. Martell, 2015 IL App (2d) 141202 , ¶ 10, 46 N.E.3d 253 (“Nonetheless, even when the plea is negotiated, a defendant may move only to reconsider his sentence and may appeal from that judgment—as long as the motion and the appeal are based on something other than a contention that the sentence is merely excessive.”). ¶ 27 The Third District disagreed with our decision in Palmer-Smith, concluding regardless of whether a defendant challenges his sentence as excessive or improper, he must - 12 - withdraw his plea. 2017The Second District reiterated this conclusion in People v. Martell, 2015 IL App (2d) 141202 , ¶ 10, 46 N.E.3d 253 (“Nonetheless, even when the plea is negotiated, a defendant may move only to reconsider his sentence and may appeal from that judgment—as long as the motion and the appeal are based on something other than a contention that the sentence is merely excessive.”). ¶ 27 The Third District disagreed with our decision in Palmer-Smith, concluding regardless of whether a defendant challenges his sentence as excessive or improper, he must - 12 - withdraw his plea. | 2 | 2017–2017 |
People v. Catron
green
2 sentences2017App. 3d at 37-38 , 674 N.E.2d at 142 . ¶ 34 Additionally, the Evans-Linder rule applies contract principles to negotiated plea agreements to ensure the State is not unfairly bound “to the terms of the plea agreement while giving the defendant the opportunity to avoid or modify those terms.” Linder, 186 Ill. 2d at 74 , 708 N.E.2d at 1173 . 2017App. 3d at 37-38 , 674 N.E.2d at 142 . ¶ 34 Additionally, the Evans-Linder rule applies contract principles to negotiated plea agreements to ensure the State is not unfairly bound “to the terms of the plea agreement while giving the defendant the opportunity to avoid or modify those terms.” Linder, 186 Ill. 2d at 74 , 708 N.E.2d at 1173 . | 2 | 2017–2017 |
People v. Williams
green
2 sentences2000In People v. Williams, 179 Ill. 2d 331 (1997), our supreme court held that a statutory challenge was not barred by Evans. 2000In People v. Williams, 179 Ill. 2d 331 (1997), our supreme court held that a statutory challenge was not barred by Evans. | 1 | 2000–2000 |