penalties violation (Illinois) · Go Syfert
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penalties violation in Illinois

5 Illinois opinions name it 2 courts 1910–2021 1 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 (3)

CaseFollowedCited
People v. Davisgreen
ill · 2014 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021See Davis, 2014 IL 115595, ¶¶ 4-5, 42-45 (holding that Illinois law recognized the “special status of juvenile offenders” before Miller and res judicata therefore barred relitigation of juvenile offender’s challenge to sentence under proportionate penalties provision of Illinois Constitution, even though Miller was not decided until 2012, which was many years after the 1995 appellate court decision that resolved the juvenile’s penalties claim on direct appeal). ¶ 73 Moreover, we find that Miller’s announcement of a new substantive rule under the eighth amendment does not provide cause for a de

11
People v. Pattersongreen
ill · 2014 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021See Patterson, 2014 IL 115102, ¶ 97 (“A ruling on a specific flavor of constitutional claim may not justify a similar ruling brought pursuant to another constitutional provision.”).

11
Kelsay v. Motorola, Inc.green
ill · 1978 · cited in 1 Illinois opinions naming this issue, 1994–1994
2 sentences

1994While the existence of a remedy such as criminal prosecution does not preclude an implied private right of action (Kelsay v. Motorola, Inc. (1979), 74 Ill. 2d 172, 185 , 384 N.E.2d 353 ), cases which have found a private right of action to be necessary involved situations where the penalties for violation were so minor that they provided no incentive for compliance.

1994While the existence of a remedy such as criminal prosecution does not preclude an implied private right of action (Kelsay v. Motorola, Inc. (1979), 74 Ill. 2d 172, 185 , 384 N.E.2d 353 ), cases which have found a private right of action to be necessary involved situations where the penalties for violation were so minor that they provided no incentive for compliance.

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 (4)

CaseCitedYears
Blockburger v. United States green
scotus · 1931
2 sentences

1995Guided by the standard articulated in Blockburger v. United States (1932), 284 U.S. 299 , 76 L.

1995Guided by the standard articulated in Blockburger v. United States (1932), 284 U.S. 299 , 76 L.

11995–1995
Hazelton v. Sheckells green
· 1906
1 sentence

1951JUSTICE HOLMES, distinguishing his previous decision in Hazelton v. Sheckels, 202 U.S. 71 , said: "But we discover nothing in the language of the letters that necessarily imports, or even persuasively suggests any improper intent or dangerous tendency." In Bradford v. Durkee Marine Products Corp., 180 Misc. 1049 , 40 N.Y.S. (2d) 448, the court, dealing with regulation 9001, said: "The requirement of a warranty that the person who contracts with the Government has not employed anyone to procure the contract upon an agreement for a commission perhaps may be regarded as a prohibition against such

11951–1951
Bradford v. Durkee Marine Products Corp. neutral
nysupct · 1943
1 sentence

1951JUSTICE HOLMES, distinguishing his previous decision in Hazelton v. Sheckels, 202 U.S. 71 , said: "But we discover nothing in the language of the letters that necessarily imports, or even persuasively suggests any improper intent or dangerous tendency." In Bradford v. Durkee Marine Products Corp., 180 Misc. 1049 , 40 N.Y.S. (2d) 448, the court, dealing with regulation 9001, said: "The requirement of a warranty that the person who contracts with the Government has not employed anyone to procure the contract upon an agreement for a commission perhaps may be regarded as a prohibition against such

11951–1951
Ex Parte Young green
· 1908
1 sentence

1910Said section is as follows: “Any such railroad corporation guilty of extortion, or of making any unjust discrimination as to passenger or freight rates, or the rates for the use and transportation of railroad cars, or in receiving, handling' or delivering freights, shall, upon conviction thereof, be fined in any-sum not less than one thousand dollars ($iooo), nor more than five thousand dollars ($5000), for the first offense; and for the second offense not less than five thousand dollars ($5000), nor more than ten thousand dollars ($10,000) ; and for the third offense not less than ten thousan

11910–1910

Where else courts name it

PA 12 (1915–2025) CA 9 (1958–2020) OR 7 (1921–2019) LA 7 (1943–2008) NE 7 (1972–2021) FL 6 (1975–2006) NY 6 (1903–1996) GA 6 (1930–2018) IA 5 (1925–2017) IL 5 (1910–2021) CO 4 (2002–2021) AL 4 (1940–1983) MI 4 (1924–2011) NC 4 (2015–2024) NJ 4 (1973–2019) TX 4 (1976–2025) MT 2 (1909–1929) OH 2 (1925–2022) KY 2 (1910–1919) HI 2 (1912–1986) MS 2 (1961–1967) KS 2 (1916–1996) NM 2 (1998–2001) MD 2 (1982–2019)

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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