236 Ill. 2d 345 - People v. Morris’s Empirical Analysis

Citation profile

3 federal appellate · 396 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 407 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[A]lthough substantial compliance with [Supreme Court] Rule 402 is sufficient to establish due process [citations], and an imperfect admonishment is not reversible error unless real justice has been denied or the defendant has been prejudiced by the inadequate admonishment [citation], there is no substantial compliance with Rule 402 and due process is violated when a defendant pleads guilty in exchange for a specific sentence and the trial court fails to advise the defendant, prior to accepting his plea, that a mandatory supervised release term will be added to that sentence. In these circumstances, addition of the MSR term to the agreed-upon sentence violates due process because the sentence imposed is more onerous than the one defendant agreed to at the time of the plea hearing. Under these circumstances, the addition of the MSR constitutes an unfair breach of the plea agreement." Whitfield, 217 Ill.2d at 195 , 298 Ill.Dec. 545 , 840 N.E.2d 658 .”

   3 later decisions quote this exact passage
   e.g. People v. Mendez · 402 Ill. App. 3d 95 - People v. Mendez

2. “"Were we to recognize the new rule urged by petitioner in this case, we would have to give petitioner the benefit of that new rule even though it would not be applied retroactively to other similarly situated. In the words of JUSTICE BRENNAN, such an inequitable result would be `an unavoidable consequence of the necessity that constitutional adjudications not stand as mere dictum.' [Citation.] * * * If there were no other way to avoid rendering advisory opinions, we might well agree that the inequitable treatment described above is `an insignificant cost for adherence to sound principles of decision-making.' [Citation.] But there is a more principled way of dealing with the problem. We can simply refuse to announce a new rule in a given case unless the rule would be applied retroactively to the defendant in the case and to all others similarly situated. [Citation.] We therefore hold that, implicit in the retroactivity approach we adopt today, is the principle that habeas corpus cannot be used as a vehicle to create new constitutional rules of criminal procedure unless those rules would be applied retroactively to all defendants on collateral review through one of the two exceptions we have articulated." (Emphasis omitted.) Teague, 489 U.S. at 315-16 , 109 S.Ct. 1060 .”

   1 later decision quote this exact passage · from the concurrence
   e.g. 352 Ill. Dec. 505 - People v. Gutierrez

3. ““ ‘cannot be met simply by showing that a new procedural rule is based on a “bedrock” right. We have frequently held that the Teague bar to retroactivity applies to new rules that are based on “bedrock” constitutional rights. [Citation.] Similarly, “[t]hat a new procedural rule is ‘fundamental’ in some abstract sense is not enough.” [Citation.] Instead, in order to meet this requirement, a new rule must itself constitute a previously unrecognized bedrock procedural element that is essential to the fairness of a proceeding. In applying this requirement, we again have looked to the example of Gideon, and “we have not hesitated to hold that less sweeping and fundamental rules” do not qualify. [Citation.]’ ” (Emphasis in original.) Morris, 236 Ill. 2d at 363 (quoting Whorton v. Bockting, 549 U.S. 406, 420-21 (2007)).”

   1 later decision quote this exact passage · from the concurrence
   e.g. 407 Ill. App. 3d 813 - People v. Tripp