Legal Opinion

People v. Atkins

Illinois Supreme Court

Decided October 20, 2005No. 98257 RelPublished

1Opinion of the Court 1

Docket No. 98257–Agenda 4–May 2005.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. WILLIAM ATKINS, Appellee.

Opinion filed October 20, 2005.

2Opinion of the Court · ThomasChief Justice Thomas

At issue is whether an amendment to the residential burglary statute, making burglary a lesser-included offense of residential burglary, may be applied retroactively. We hold that it may not.

BACKGROUND

The State charged defendant, William Atkins, and his codefendant, Marcus Gross, with residential burglary (720 ILCS 5/19–3 (West 2000)). Defendant’s bench trial was held simultaneously with Gross’ jury trial. The evidence showed that, on March 19, 2000,…

3Cases cited25 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Arizona v. WashingtonSupreme Court of the United States · 1978
  3. Fong Foo v. United StatesSupreme Court of the United States · 1962
  4. Commonwealth Edison Co. v. Will County CollectorIllinois Supreme Court · 2001
  5. Orlicki v. McCarthyIllinois Supreme Court · 1954

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