Legal Opinion

People v. Burton

Appellate Court of Illinois

Decided October 15, 1981No. 16994PublishedCited by 26 opinions

1Opinion of the CourtJustice Mills

We here compare “good time” for felons with “good behavior allowance” for misdemeanants.

Specifically, does the constitution permit a felon sentenced to one year to be released before a misdemeanant sentenced to only 6 months?

Yes.

We affirm.

Burton was convicted of reckless conduct (a Class A misdemeanor) and sentenced to 6 months at the Vandalia Correctional Center. While incarcerated, Burton will be subject to the Misdemeanant Good Behavior Allowance Act (Ill. Rev. Stat. 1979, ch. 75, pars. 30-34), which provides that misdemeanants are entitled to a cumulative “good behavior allowance.”…

2Cases cited17 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. McGinnis v. RoysterSupreme Court of the United States · 1973
  3. People v. BradleyIllinois Supreme Court · 1980
  4. Heimgaertner v. Benjamin Electric Manufacturing Co.Illinois Supreme Court · 1955
  5. United States Ex Rel. Lois Sero v. Peter PreiserCourt of Appeals for the Second Circuit · 1975

12 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. People v. DorseyIllinois Supreme Court · 2021
  2. People v. SmithAppellate Court of Illinois · 1984
  3. People v. MauryAppellate Court of Illinois · 1997
  4. People v. RaseaitisAppellate Court of Illinois · 1984
  5. Buell v. Oakland Fire Protection District BoardAppellate Court of Illinois · 1992

21 more not listed; retrieve them via the Exa API.

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