People v. Calhoun

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• remarking that “[o]ur courts have never been reluctant to reduce a sentence on appeal, despite the serious nature of the underlying crime, where a trial court has neglected its duty to consider the relevant mitigating factors”
• noting 21 that the trial court failed to recognize that in light of circumstances that created provocation, the defendant was unlikely to reoffend
• Stating, “Since there was no error, there can be no plain error.”
• remanding for resentencing where trial court failed to recognize full extent of provocation, the factual basis for provocation was corroborated, and trial court never questioned or attempted to negate fact that defendant was sincere in her belief that source of provocation occurred
• noting “ ‘[T]he one-good-count principle has long been employed to permit enhanced sentencing *** by construing a general first degree murder verdict as a finding of guilt on an intentional murder charge.” (Quoting People v. Moore, 397 Ill. App. 3d - 12 - 1-16-2644 555, 566 (2009)
• trial court failed to consider the statutory sentencing factor—whether the defendant acted under a “strong provocation”—in mitigation, where the defendant killed the victim upon learning the victim had sexually assaulted her infant daughter

Source: CourtListener parenthetical corpus (CC0).

Cited by

14 cases in this archive cite this case.

• People v. Perkins
  Appellate Court of Illinois· 2011-03-23· cited 74×
• People v. Perez
  Appellate Court of Illinois· 2012-05-08· cited 46×
• People v. Moore
  Appellate Court of Illinois· 2012-02-01· cited 45×
• People v. Cavazos
  Appellate Court of Illinois· 2023-06-22· cited 34×
• People v. Wilson
  Appellate Court of Illinois· 2017-12-18· cited 23×
• People v. Steele
  Appellate Court of Illinois· 2014-11-26· cited 16×
• People v. Pace
  Appellate Court of Illinois· 2015-12-28· cited 15×
• People v. Powell
  Appellate Court of Illinois· 2013-07-17· cited 13×
• People v. Hill
  Appellate Court of Illinois· 2014-05-20· cited 11×
• People v. Prather
  Appellate Court of Illinois· 2022-12-21· cited 11×
• People v. Meyers
  Appellate Court of Illinois· 2019-06-28· cited 7×
• People v. Breeden
  Appellate Court of Illinois· 2014-11-25· cited 6×
• People v. Blair
  Appellate Court of Illinois· 2016-02-03· cited 6×
• People v. Jackson
  Appellate Court of Illinois· 2023-12-29