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← 397 Ill. App. 3d 342 - People v. Hammond

397 Ill. App. 3d 342 - People v. Hammond’s Empirical Analysis

2010

Citation profile

4
cited by 4 later decisions
1
states following
December 2011
most recently cited

4 state decisions

Relationships

Relies on 179 Ill. 2d 367 - Best v. Taylor MacHine Works · 224 Ill. 2d 172 - In re E.H., a Minor · 214 Ill. 2d 289 - In Re DW · Agran v. Checker Taxi Co. · 195 Ill. 2d 109 - People v. Izzo

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

  1. “"If the legislature * * * had intended to give the State's Attorney the power to disapprove the intermediate sanctions after the probation department offered them, the legislature surely would not have left such an important point to implication. Insomuch as the legislature deemed the approval of someone to be necessary, it said so outright: the supervisor of the probation officer has to concur with serving a notice of sanctions on the defendant, and the defendant has to accept the sanctions immediately. 730 ILCS 5/5-6-4(i) (West 2008). Under the principle of expressio unius est exclusio alterius, the specification of those whose concurrence is required implies that no one else's concurrence is required. See In re D. W., 214 Ill.2d 289 , 308 [ 292 Ill.Dec. 937 ], 827 N.E.2d 466, 479 (2005)." Hammond, 397 Ill.App.3d at 351 , 339 Ill.Dec. 64 , 925 N.E.2d 1185 .”
    2 later decisions quote this exact passage · from the majority
  2. “Instead of filing a violation of probation * * * an agent or employee of the supervising agency with the concurrence of his or her supervisor may serve on the defendant a Notice of Intermediate Sanctions. The Notice shall contain the technical violation or violations involved, the date or dates of the violation or violations, and the intermediate sanctions to be imposed. Upon receipt of the Notice, the defendant shall immediately accept or reject the intermediate sanctions. If the sanctions are accepted, they shall be imposed immediately. If the intermediate sanctions are rejected or the defendant does not respond to the Notice, a violation of probation * * * shall be immediately filed with the court. The State's Attorney and the sentencing court shall be notified of the Notice of Sanctions. Upon successful completion of the intermediate sanctions, a court may not revoke probation * * * for the same violation. A notice of intermediate sanctions may not be issued for any violation of probation * * * which could warrant an additional, separate felony charge. The intermediate sanctions shall include a term of home detention as provided in Article 8A of Chapter V of this Code for multiple or repeat violations of the terms and conditions of a sentence of probation, conditional discharge, or supervision.”
    1 later decision quote this exact passage · from the majority
  3. “"[T]he probation officer [in Gaither's case] did not exercise any power at all, other than deciding what the intermediate sanctions would be. The offer of intermediate sanctions originated with the trial court. The court ordered Mund to offer intermediate sanctions to Gaither. After Gaither accepted the intermediate sanctions and completed them, the court denied the State's petition for revocation of probation—or dismissed it, which comes to the same thing." Hammond, 397 Ill.App.3d at 354 , 339 Ill.Dec. 64 , 925 N.E.2d 1185 .”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.