Rivera-Velazquez v. Regan

Oral argument

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Source: CourtListener oral-argument corpus (CC0).

How courts have described this case

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

• holding that the trial court’s consideration of a factor inherent in the offense as an aggravating factor “clearly affected the defendant's fundamental right to liberty”
• holding that the trial court’s consideration of a factor inherent in the offense as an aggravating factor “clearly affected the defendant’s fundamental right to liberty”
• discussing whether the evidence presented at the sentencing hearing was “closely balanced,” which is clearly a first prong plain error analysis
• reviewing sentencing error under the first prong of plain error where the aggravating evidence at sentencing was counterbalanced by ‘substantial mitigating evidence’
• reviewing sentencing error under the first prong of plain error where the - 18 - 2024 IL App (2d) 230056 aggravating evidence at sentencing was counterbalanced by ‘substantial mitigating evidence’
• “The evidence presented at the sentencing hearing was not simply closely balanced, it strongly favored leniency for the defendant.”

Source: CourtListener parenthetical corpus (CC0).