Brown factors in Illinois

2019But the State’s concession—which does not bind us (see People v. Nunez, 236 Ill. 2d 488, 493 (2010))—does not address whether Brown, in fact, sustained his burden on the motion to suppress. ¶ 63 It is important to discuss the burden of proof on Brown’s motion to suppress, since identification of the party with the burden can be dispositive in a case where the record is unclear or incomplete.

2019But the State’s concession—which does not bind us (see People v. Nunez, 236 Ill. 2d 488, 493 (2010))—does not address whether Brown, in fact, sustained his burden on the motion to suppress. ¶ 63 It is important to discuss the burden of proof on Brown’s motion to suppress, since identification of the party with the burden can be dispositive in a case where the record is unclear or incomplete.

2019People v. Woolley, 178 Ill. 2d 175, 204 (1997) (noting that it is well-settled that - 24 - 1-16-1204 arguments that rely on matters outside the record may not be considered on appeal); Paluch v. United Parcel Service, Inc., 2014 IL App (1st) 130621, ¶ 23 (same).

2019People v. Woolley, 178 Ill. 2d 175, 204 (1997) (noting that it is well-settled that - 24 - 1-16-1204 arguments that rely on matters outside the record may not be considered on appeal); Paluch v. United Parcel Service, Inc., 2014 IL App (1st) 130621, ¶ 23 (same).

2019The fourth amendment requires government officials to act reasonably, not perfectly, and gives those officials “ ‘fair leeway for enforcing the law.’ ” Heien v. North Carolina, 574 U.S. ___ , ___, 135 S. Ct. 530, 536 (2014) (quoting Brinegar v. United States, 338 U.S. 160, 176 (1949)).

2019The fourth amendment requires government officials to act reasonably, not perfectly, and gives those officials “ ‘fair leeway for enforcing the law.’ ” Heien v. North Carolina, 574 U.S. ___ , ___, 135 S. Ct. 530, 536 (2014) (quoting Brinegar v. United States, 338 U.S. 160, 176 (1949)).

2019People v. Woolley, 178 Ill. 2d 175, 204 (1997) (noting that it is well-settled that - 24 - 1-16-1204 arguments that rely on matters outside the record may not be considered on appeal); Paluch v. United Parcel Service, Inc., 2014 IL App (1st) 130621, ¶ 23 (same).

2019People v. Woolley, 178 Ill. 2d 175, 204 (1997) (noting that it is well-settled that - 24 - 1-16-1204 arguments that rely on matters outside the record may not be considered on appeal); Paluch v. United Parcel Service, Inc., 2014 IL App (1st) 130621, ¶ 23 (same).

2019The fourth amendment requires government officials to act reasonably, not perfectly, and gives those officials “ ‘fair leeway for enforcing the law.’ ” Heien v. North Carolina, 574 U.S. ___ , ___, 135 S. Ct. 530, 536 (2014) (quoting Brinegar v. United States, 338 U.S. 160, 176 (1949)).

2019The fourth amendment requires government officials to act reasonably, not perfectly, and gives those officials “ ‘fair leeway for enforcing the law.’ ” Heien v. North Carolina, 574 U.S. ___ , ___, 135 S. Ct. 530, 536 (2014) (quoting Brinegar v. United States, 338 U.S. 160, 176 (1949)).

2018See Griffin, 2017 IL App (1st) 143800, ¶ 22 (“It tortures the concept of a reviewing court’s jurisdiction to speak of revestment of jurisdiction on appeal to address issues never presented in the first instance to the trial court.”).

2017See Griffin , 2017 IL App (1st) 143800 , ¶ 22, 415 Ill.Dec. 241 , 82 N.E.3d 186 ("It tortures the concept of a reviewing court's jurisdiction to speak of revestment of jurisdiction on appeal to address issues never presented in the first instance to the trial court.").

2017People v. Kapande, 23 Ill. 2d 230, 236 (1961) (holding that “[t]he State’s appeal from the judgment of ‘not guilty’ in the criminal case is dismissed and no citation of authority is necessary for the proposition that the State cannot appeal from a ‘not guilty’ judgment”). ¶ 29 Thus, the only issue properly before this court is Brown’s challenge to his conviction of second degree murder.

2017People v. Kapande, 23 Ill. 2d 230, 236 (1961) (holding that “[t]he State’s appeal from the judgment of ‘not guilty’ in the 10 criminal case is dismissed and no citation of authority is necessary for the proposition that the State cannot appeal from a ‘not guilty’ judgment”). ¶ 29 Thus, the only issue properly before this court is Brown’s challenge to his conviction of second degree murder.

2015To sustain an ineffective assistance of counsel claim for counsel's failure to investigate or present a witness, the defendant's allegation must be supported by an affidavit from that witness that contains the witness's proposed testimony. 725 ILCS 5/122-2 (West 2010); People v. Enis, 194 Ill. 2d 361, 380 (2000); see also People v. Dean, 226 Ill.

2015To sustain an ineffective assistance of counsel claim for counsel’s failure to investigate or present a witness, the defendant’s allegation must be supported by an affidavit from that witness that contains the witness’s proposed testimony. 725 ILCS 5/122-2 (West 2010); People v. Enis, 194 Ill. 2d 361, 380 (2000); see also People v. Dean, 226 Ill.

2015Brown's claim that he would have pled guilty had he known that he faced an extended sentence, standing alone, amounts to no more than " 'subjective, self-serving [testimony,] *** insufficient to satisfy the Strickland requirement for prejudice' " (Curry, 178 Ill. 2d at 531 (quoting Turner v. Tennessee, 858 F.2d 1201, 1206 (6th Cir. 1988))), and in light of his statements to counsel that he was innocent and their fears of the federal consequences of a plea, is directly contradicted by the record.

2015Brown’s claim that he would have pled guilty had he known that he faced an extended sentence, standing alone, amounts to no more than “ ‘subjective, self-serving [testimony,] *** insufficient to satisfy the Strickland requirement for prejudice’ ” (Curry, 178 Ill. 2d at 531 (quoting Turner v. Tennessee, 858 F.2d 1201, 1206 (6th Cir. 1988))), and in light of his statements to counsel that he was innocent and their fears of the federal consequences of a plea, is directly contradicted by the record.

2015To sustain an ineffective assistance of counsel claim for counsel's failure to investigate or present a witness, the defendant's allegation must be supported by an affidavit from that witness that contains the witness's proposed testimony. 725 ILCS 5/122-2 (West 2010); People v. Enis, 194 Ill. 2d 361, 380 (2000); see also People v. Dean, 226 Ill.

2015To sustain an ineffective assistance of counsel claim for counsel’s failure to investigate or present a witness, the defendant’s allegation must be supported by an affidavit from that witness that contains the witness’s proposed testimony. 725 ILCS 5/122-2 (West 2010); People v. Enis, 194 Ill. 2d 361, 380 (2000); see also People v. Dean, 226 Ill.

2010We cannot say that these defenses were so antagonistic such that it was apparent “ ‘that an actual and substantial hostility existed between the defendants over their lines of defense’ ” or that the separate but simultaneous jury trials “ ‘produced a spectacle where the People frequently stood by and witnessed a combat in which the defendants attempted to destroy each other.’ ” Daugherty, 102 Ill. 2d at 542 , quoting People v. Braune, 363 Ill. 551, 555 (1936).

2010We cannot say that these defenses were so antagonistic such that it was apparent “ ‘that an actual and substantial hostility existed between the defendants over their lines of defense’ ” or that the separate but simultaneous jury trials “ ‘produced a spectacle where the People frequently stood by and witnessed a combat in which the defendants attempted to destroy each other.’ ” Daugherty, 102 Ill. 2d at 542 , quoting People v. Braune, 363 Ill. 551, 555 (1936).

2026This court has held that the circuit court’s “jurisdiction in post-conviction proceedings is properly limited to situations in which ‘a substantial denial of rights under the Constitution of the United States or the State of Illinois’ is alleged.” People v. Ward, 48 Ill. 2d 117, 120 (1971) (quoting People v. Owens, 34 Ill. 2d 149, 150 (1966)). ¶ 23 Brown’s claim is that the 2021 amendment to section 5-4.5-95(a) clarified the original meaning of the statute and that “the legislature always intended the habitual criminal statute to prohibit life sentences for those whose prior offenses were comm

2026This court has held that the circuit court’s “jurisdiction in post-conviction proceedings is properly limited to situations in which ‘a substantial denial of rights under the Constitution of the United States or the State of Illinois’ is alleged.” People v. Ward, 48 Ill. 2d 117, 120 (1971) (quoting People v. Owens, 34 Ill. 2d 149, 150 (1966)). ¶ 23 Brown’s claim is that the 2021 amendment to section 5-4.5-95(a) clarified the original meaning of the statute and that “the legislature always intended the habitual criminal statute to prohibit life sentences for those whose prior offenses were comm

2026“This court has equated second prong plain error with structural error, which is the type of error that erode[s] the integrity of the judicial process and undermine[s] the fairness of the defendant’s trial.” (Internal quotation marks omitted.) People v. Johnson, 2024 IL 130191, ¶ 55 ; see Whalen v. United States, 445 U.S. 684 , 689 n.4 (1980) (“The Due Process Clause of the Fourteenth Amendment, however, would presumably prohibit state courts from depriving persons of liberty or property as punishment for criminal conduct except to the extent authorized by state law.”).

2023See id. at 190 (where both the circuit court and trial counsel’s observations that Brown showed no bona fide doubt of fitness did not positively rebut Brown’s claim that he was unfit to stand trial and his counsel should have requested a fitness hearing).

2023People v. Woodrum, 223 Ill. 2d 286, 301 (2006). “[E]vidence tending to establish the transactions set forth in the bill of particulars is admissible.” -7- No. 1-22–0801 People v. Kliner, 185 Ill. 2d 81, 138 (1998).

2023People v. Woodrum, 223 Ill. 2d 286, 301 (2006). “[E]vidence tending to establish the transactions set forth in the bill of particulars is admissible.” -7- No. 1-22–0801 People v. Kliner, 185 Ill. 2d 81, 138 (1998).