323 Ill. App. 3d 554 - People v. Vida’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"At both defendant's original sentencing and the new sentencing hearing granted following the filing of his postconviction petition, the State sought the death penalty. At both sentencing hearings, defendant waived his right to have a jury determine his eligibility for the death penalty. At both sentencing hearings, defendant was found eligible for the death penalty based on an aggravating factor in section 9-1 of the Criminal Code of 1961. Ill.Rev.Stat.1983, ch. 38, par. 9-1(b)(7). Specifically, it was found that `the murdered individual was under 12 years of age and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty.' Ill. Rev.Stat.1983, ch. 38, par. 9-1(b)(7). Pursuant to statute, the existence of the above aggravating factor was required to be established by the State beyond a reasonable doubt. Ill.Rev.Stat.1983, ch. 38, par. 9-1(f). Although defendant was not ultimately sentenced to death upon his resentencing, he had, but waived, the opportunity to have a jury make a determination as to whether the aggravating factor had been established beyond a reasonable doubt, and, following his jury waiver, the circuit court found that the State had proved the aggravating factor necessary for the imposition of any penalty up to and including death beyond a reasonable doubt. Thus, no violation of the rule set forth in Apprendi occurred. Moreover, Apprendi does not apply here because, where defendant's acts made him eligible for the death pe”

   1 later decision quote this exact passage · from the majority
   e.g. 327 Ill. App. 3d 1027 - People v. Reynolds

2. “[W]here a defendant has been found to be eligible for the death penalty based on proof beyond a reasonable doubt, the imposition of any sentence short of death or natural life does not increase the maximum punishment that could be imposed and therefore does not violate Apprendi . In the instant case, the trial court, following a jury waiver and based on proof beyond a reasonable doubt, found an aggravating factor under section 9-1 to exist, thus making defendant eligible for the death penalty or a sentence of natural life. The imposed sentence of 70-years in prison was not a punishment greater than that authorized by the court's findings and the imposition of such a sentence did not, therefore, result in a violation of Apprendi.”

   1 later decision quote this exact passage · from the majority
   e.g. 327 Ill. App. 3d 1027 - People v. Reynolds

3. “"A trial court, as the entity vested with the authority to sentence a defendant, should also be vested with the discretion to render upon a defendant a sentence within the range * * * provided by our legislature based upon the offense rather than the extent or nature of the defendant's participation as well as the relevant evidence presented by the parties at trial and at sentencing." Rivera , slip op. at 29.”

   1 later decision quote this exact passage · from the majority
   e.g. 327 Ill. App. 3d 1027 - People v. Reynolds