5 Illinois opinions name it 1 courts 2021–2026 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 |
|---|---|---|
People v. Spencergreen2 sentences2026Spencer, 2025 IL 130015, ¶¶ 41-46 . 2025Thus, in the case at bar, defendant may still bring an as-applied challenge to his sentence. ¶ 46 Our supreme court found that the proper venue for the Spencer defendant’s as-applied challenge was in a postconviction proceeding because that case lacked a “sufficiently developed evidentiary record.” Spencer, 2025 IL 130015, ¶ 45 . | 1 | 3 |
People v. Dorseygreen1 sentence2025See id. ¶¶ 35, 37 (citing People v. Dorsey, 2021 IL 123010, ¶¶ 39, 50, 62 ; People v. Buffer, 2019 IL 122327, ¶ 40 ; People v. Reyes, 2016 IL 119271, ¶ 10 ). | 1 | 1 |
People v. McCauleygreen1 sentence2023Illinois cases have not defined cruel, degrading, or shockingly disproportionate punishment “because, as our society evolves, so too do our concepts of elemental decency and fairness which shape the moral sense of the community.” (Internal quotation omitted.) Id. at 339 . ¶ 166 Consistent with this observation, we must hear claims like Spencer’s and never abdicate our duty to review “the gravity of [a person’s] offense in connection with the severity of the statutorily mandated sentence within our community’s evolving standard of decency.” Id. at 340 . “[R]ather than ‘blindly follow the reason | 1 | 1 |
People v. Lindseygreen1 sentence2023Illinois cases have not defined cruel, degrading, or shockingly disproportionate punishment “because, as our society evolves, so too do our concepts of elemental decency and fairness which shape the moral sense of the community.” (Internal quotation omitted.) Id. at 339 . ¶ 166 Consistent with this observation, we must hear claims like Spencer’s and never abdicate our duty to review “the gravity of [a person’s] offense in connection with the severity of the statutorily mandated sentence within our community’s evolving standard of decency.” Id. at 340 . “[R]ather than ‘blindly follow the reason | 1 | 1 |
People v. Spencergreen1 sentence2021Spencer, 2016 IL App (1st) 151254, ¶¶ 39 (finding trial court did not abuse its discretion). | 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. Buffer
green
2 sentences2025See id. ¶¶ 35, 37 (citing People v. Dorsey, 2021 IL 123010, ¶¶ 39, 50, 62 ; People v. Buffer, 2019 IL 122327, ¶ 40 ; People v. Reyes, 2016 IL 119271, ¶ 10 ). 2025After he serves 20 years, which is not a de facto life sentence (People v. Buffer, 2019 IL 122327, ¶ 40 ), he will be eligible for release after review. ¶ 43 Defendant also argues that Miller and its progeny, decided under the eighth amendment, apply to him, whereas they did not apply to the Spencer defendant. | 2 | 2025–2025 |
People v. Clark
green
1 sentence2025However, our supreme court has found that Miller “ ‘did not prohibit life sentences for juveniles but, instead, held that the eighth amendment required sentencing courts to have discretion in sentencing juveniles after considering 4 the juvenile’s youth and the attendant characteristics of youth.’ ” Spencer, 2025 IL 130015, ¶ 30 (quoting People v. Clark, 2023 IL 127273, ¶ 54 ). | 1 | 2025–2025 |
People v. Reyes
green
1 sentence2025See id. ¶¶ 35, 37 (citing People v. Dorsey, 2021 IL 123010, ¶¶ 39, 50, 62 ; People v. Buffer, 2019 IL 122327, ¶ 40 ; People v. Reyes, 2016 IL 119271, ¶ 10 ). | 1 | 2025–2025 |
People v. Holman
red
1 sentence2023The majority concludes this statute, which codified the Miller factors under state law (see People v. Holman, 2017 IL 120655, ¶ 45 ), does not apply because Spencer was older than 18 when he committed the offenses and because the offenses were committed before that statute came into effect. | 1 | 2023–2023 |
People v. Miller
green
2 sentences2023Likewise, section 5-4.5-115 disclaims any pretense toward precluding judicial review of emerging adult’s as-applied challenges under our constitution. 730 ILCS 5/5-4.5-115(o) (“Nothing in this Section shall be construed as a limit, substitution, or bar on a person’s right to sentencing relief, or any other manner of relief, obtained by order of a court in proceedings other than as provided in this Section.”) Simply put, -48- 1-20-0646 neither Dorsey nor section 5-4.5-115 preclude Illinois courts from considering Spencer’s claim once properly asserted. ¶ 165 Emerging adults raising as-applied c 2023Illinois cases have not defined cruel, degrading, or shockingly disproportionate punishment “because, as our society evolves, so too do our concepts of elemental decency and fairness which shape the moral sense of the community.” (Internal quotation omitted.) Id. at 339 . ¶ 166 Consistent with this observation, we must hear claims like Spencer’s and never abdicate our duty to review “the gravity of [a person’s] offense in connection with the severity of the statutorily mandated sentence within our community’s evolving standard of decency.” Id. at 340 . “[R]ather than ‘blindly follow the reason | 1 | 2023–2023 |
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.
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.