defendant invites error in Illinois

2022Plain-error review is forfeited when the defendant invites the error. “[A] defendant's invitation or agreement to the procedure later challenged on appeal ‘goes beyond mere waiver.’ ” People v. Harvey, 211 Ill. 2d 368, 385 (2004) (quoting People v. Villarreal, 198 Ill. 2d 209, 227 (2001)).

2020We decline to do so, however, as “plain-error review is forfeited when the defendant invites the error.” People v. Harding, 2012 IL App (2d) 101011, ¶ 17 . “ ‘[A] defendant’s invitation or agreement to the procedure later challenged on appeal “goes beyond mere waiver.” ’ ” Id. (quoting Harvey, 211 Ill. 2d at 385 , quoting Villarreal, 198 Ill. 2d at 227 ).

2026People v. Harding, 2012 IL App (2d) 101011, ¶ 17 (“However, plain-error review is forfeited when the defendant invites the error.”). ¶ 69 Despite this, defendant maintains that defense counsel was ineffective for failing to object to the presence of Officer Earnst throughout the trial.

2025We agree with the State. ¶ 37 “[P]lain-error review is forfeited when the defendant invites the error.” People v. Harding, 2012 IL App (2d) 101011, ¶ 17 . “[A] defendant may not request to proceed in one manner and later contend on appeal that the course of action was in error.” Id.

2019See People v. Patrick, 233 Ill. 2d 62, 77 , 908 N.E.2d 1, 10 (2009) (finding plain-error review is forfeited when the defendant invites the error). ¶ 46 It is perhaps instructive, however, to note defendant’s reliance on Grant, 2017 IL App (1st) 142956 .

2019See People v. Patrick, 233 Ill. 2d 62, 77 , 908 N.E.2d 1, 10 (2009) (finding plain-error review is forfeited when the defendant invites the error). ¶ 46 It is perhaps instructive, however, to note defendant’s reliance on Grant, 2017 IL App (1st) 142956 .

2025The plain-error doctrine is applied where “(1) a clear 5 or obvious error occurred and the evidence is so closely balanced that the error alone threatened to tip the scales of justice against the defendant, regardless of the seriousness of the error, or (2) a clear or obvious error occurred and that error is so serious that it affected the fairness of the defendant’s trial and challenged the integrity of the judicial process, regardless of the closeness of the evidence.” People v. Piatkowski, 225 Ill. 2d 551, 565 (2007). ¶ 16 However, plain-error review is forfeited when the defendant invites

2022Plain-error review is forfeited when the defendant invites the error. “[A] defendant's invitation or agreement to the procedure later challenged on appeal ‘goes beyond mere waiver.’ ” People v. Harvey, 211 Ill. 2d 368, 385 (2004) (quoting People v. Villarreal, 198 Ill. 2d 209, 227 (2001)).

2019See also People v. Stewart, 2018 IL App (3d) 160205, ¶ 20 (“Forfeited errors may be subject to plain-error review, but waiver forecloses review of a claim predicated upon the waived right.”); People v. Boston, 2018 IL App (1st) 140369 , ¶ 109 (“Plain-error review is forfeited *** when the defendant invites the error.”). ¶ 52 CONCLUSION ¶ 53 For these reasons, we affirm defendant’s conviction. ¶ 54 Affirmed. 14

2019People v. Stewart, 2018 IL App (3d) 160205, ¶ 20 (“Forfeited errors may be subject to plain-error review, but waiver forecloses review of a claim predicated upon the waived right.”); People v. Boston, 2018 IL App (1st) 140369 , ¶ 109 (“Plain-error review is forfeited * * * when the defendant invites the error.”). ¶ 29 Waiver aside, the defendant’s claim of error fails as a factual matter.

2019See People v. Patrick, 233 Ill. 2d 62, 77 , 908 N.E.2d 1, 10 (2009) (finding plain-error review is forfeited when the defendant invites the error). ¶ 46 It is perhaps instructive, however, to note defendant’s reliance on Grant, 2017 IL App (1st) 142956 .

2018See People v. Patrick , 233 Ill. 2d 62 , 77, 330 Ill.Dec. 149 , 908 N.E.2d 1 , 10 (2009) (finding plain-error review is forfeited when the defendant invites the error). ¶ 46 It is perhaps instructive, however, to note defendant's reliance on Grant , 2017 IL App (1st) 142956 , 411 Ill.Dec. 501 , 73 N.E.3d 585 .

2023Thompson, 238 Ill. 2d at 613 . 8 ¶ 20 Plain error review, however, is forfeited when the defendant invites the error.

2023Thompson, 238 Ill. 2d at 613 . ¶ 63 Plain-error review, however, is forfeited when the defendant invites the error.

2025The plain-error doctrine is applied where “(1) a clear 5 or obvious error occurred and the evidence is so closely balanced that the error alone threatened to tip the scales of justice against the defendant, regardless of the seriousness of the error, or (2) a clear or obvious error occurred and that error is so serious that it affected the fairness of the defendant’s trial and challenged the integrity of the judicial process, regardless of the closeness of the evidence.” People v. Piatkowski, 225 Ill. 2d 551, 565 (2007). ¶ 16 However, plain-error review is forfeited when the defendant invites

2024See People v. Harding, 2012 IL App (2d) 101011, ¶ 17 (“[P]lain-error review is forfeited when the defendant invites the error.”); see also People v. Dunlap, 2013 IL App (4th) 110892, ¶ 12 (plain- error review applies to cases involving procedural default, not affirmative acquiescence).

2023People v. Harding, 2012 IL App (2d) 101011, ¶ 17 ; see also People v. Patrick, 233 Ill. 2d 62, 77 (2009) (declining to address plain error where the defendant procured the error); People v. Bates, 2018 IL App (4th) 160255, ¶ 74 (noting plain error does not apply to affirmative acquiescence).

2023See People v. Tompkins, 2023 IL 127805, ¶ 54 (noting a party cannot advance a theory or argument on appeal that is inconsistent with the position taken below). ¶ 45 Similarly, plain-error review is forfeited when the defendant invites the error.

2020As this court has recognized, “there is no language within section 115-7.3 or surrounding sections that indicate the term ‘proximity in time’ is intended to apply to only past offenses.” Wilson, 2015 IL App 4 Although defendant’s failure to preserve this error by objecting in the trial court may give rise to plain error review, an argument that defendant does not make in his briefs before this court, we observe that “[p]lain error review is forfeited, *** when the defendant invites the error.” (Internal quotation marks omitted.) People v. Cox, 2017 IL App (1st) 151536, ¶ 87 . - 10 - (4th) 1305