The voiding of the void sentence rule

Lawyers' Forum

By Kimberly Glasford

Kimberly Glasford is a law clerk for 1st District Appellate Justice Terrence J. Lavin. She may be reached at kimanne85@yahoo.com.

Posted November 30, 2015 2:50 PM

Earlier this month, the Illinois Supreme Court abolished the void sentence rule in People v. Castleberry, No. 116916, a victory for the finality of judgments as well as legal clarity.That rule essentially provided that criminal sentences which fail to comply with statutes are void, and thus, may be challenged at any time. The rule had also caused much confusion, however, because it conflicted with the principle that judgments are void only where jurisdiction is lacking.Consistent with other Supreme Court decisions in the …

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