2026 IL App (1st) 241897 No. 2026 IL App (1st) 241897
Rule 23 · Criminal —Criminal Procedure
- ¶1 A trial court may aggravate a sentence based on defendant's position of trust/supervision, even where familial relationship is an offense element.
- ¶2 No contemporaneous objection is needed to preserve a claim that the court considered an improper aggravating sentencing factor—only a postsentencing motion.
- ¶3 Useful for criminal defense and appellate attorneys challenging sentences in sex offense cases involving family members or arguing double-enhancement errors.
2026 IL App (1st) 250809 No. 2026 IL App (1st) 250809
Rule 23 · Criminal —Violent Crimes
- ¶1 Within-range sentence exceeding pretrial plea offers is not automatically a 'trial tax' absent record proof of trial-related punishment
- ¶2 Disparity between plea offer (covering fewer counts) and post-trial sentence (covering all convicted counts) does not, standing alone, show impermissible trial tax
- ¶3 Useful for criminal defense and appellate attorneys challenging excessive sentences, trial tax claims, or related ineffective assistance arguments post-trial
2026 IL App (1st) 250474 No. 2026 IL App (1st) 250474
Rule 23 · Criminal —Criminal Procedure
- ¶1 Counsel's incorrect advice that first- and second-degree murder carry similar sentences can support a substantial ineffective-assistance claim at second-stage postconviction review.
- ¶2 Proportionate penalties challenges based on young-adult neuroscience require defendant-specific evidence linking the science to his individual characteristics, not general studies alone.
- ¶3 Useful for criminal defense and postconviction practitioners litigating instruction-waiver strategy errors, young-adult sentencing challenges, and Rule 651(c) reasonable-assistance disputes.
2026 IL App (5th) 250374 No. 2026 IL App (5th) 250374
Rule 23 · Criminal —Criminal Procedure
- ¶1 A valid initial waiver of counsel does not excuse the trial court's duty to re-inquire if defendant later signals he wants legal assistance.
- ¶2 Court held defendant's confusion about posttrial motions, combined with an earlier request for counsel, triggered a duty to re-admonish under the continuing waiver rule.
- ¶3 Useful for criminal defense and appellate attorneys handling pro se defendants, Rule 401(a) waivers, and right-to-counsel claims at posttrial/sentencing stages.
2026 IL App (1st) 231821 No. 2026 IL App (1st) 231821
Rule 23 · Criminal —Juvenile Law
- ¶1 Trial court's explicit statement that it weighed the victim's death in aggravation constitutes impermissible double enhancement requiring resentencing.
- ¶2 Absent a clear record showing negligible weight given to an improper aggravating factor, the error is not harmless and warrants remand.
- ¶3 Useful for criminal defense and juvenile sentencing attorneys challenging aggravation findings at Miller resentencing hearings or original sentencing proceedings.