Price settles retroactivity question

Prosecution and Procedure

By David J. Robinson

David J. Robinson is a lawyer, adjunct professor, author and 4th District deputy director at the state’s attorneys appellate prosecutor.

Posted January 16, 2017 1:17 PM

In the ongoing saga that has been People v. Castleberry, the Illinois Supreme Court put to rest two questions the Friday before New Year’s Eve when it released its opinion in People v. Price, 2016 IL 118613.First, the Supreme Court explained that the “retroactivity” analysis from Teague v. Lane, 489 U.S. 288 (1989) was inapplicable to the application of Castleberry, 2015 IL 116916, because the Castleberry holding — which abolished the so-called “void sentence rule” — “did not …

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