otherwise forfeited error (Illinois) · Go Syfert
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otherwise forfeited error in Illinois

31 Illinois opinions name it 1 courts 2010–2026 20 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
People v. Johnsongreen
ill · 2010 · cited in 4 Illinois opinions naming this issue, 2022–2026
2 sentences

2026Id.; People v. Johnson, 238 Ill. 2d 478, 484 (2010).

2023Sebby, 2017 IL 119445, ¶ 48 ; People v. Johnson, 238 Ill. 2d 478, 484 (2010).

44
People v. Piatkowskigreen
ill · 2007 · cited in 4 Illinois opinions naming this issue, 2021–2025
2 sentences

2025See People v. Enoch, 122 Ill. 2d 176, 186 (1988). ¶ 21 The plain error doctrine allows a reviewing court to consider an otherwise forfeited error when “(1) the evidence is close, regardless of the seriousness of the error, or (2) the error is serious, regardless of the closeness of the evidence.” (Internal quotation marks omitted.) People 12 v. Piatkowski, 225 Ill. 2d 551, 564 (2007).

2024Second, defendant argues that the cumulative effect of the combined prosecutorial errors satisfies the second prong of the plain error analysis. ¶ 26 The plain error doctrine allows a reviewing court to consider an otherwise forfeited error when “ ‘(1) the evidence is close, regardless of the seriousness of the error, or (2) the error is serious, regardless of the closeness of the evidence.’ ” People v. Piatkowski, 225 Ill. 2d 551, 565 (2007) (quoting People v. Herron, 215 Ill. 2d 167, 187 (2005)).

44
People v. Herrongreen
ill · 2005 · cited in 4 Illinois opinions naming this issue, 2012–2024
2 sentences

2024Genus acknowledges that he has forfeited these claims as he failed to raise them in his posttrial motion (People v. Enoch, 122 Ill. 2d 176, 186 (1988) (claims of error not raised in a posttrial motion are forfeited)) but urges us to consider these claims for plain error. ¶ 40 The plain error doctrine allows a reviewing court to consider an otherwise forfeited error when “(1) the evidence is close, regardless of the seriousness of the error, or (2) the error is serious, regardless of the closeness of the evidence.” People v. Herron, 215 Ill. 2d 167, 187 (2005)).

2024Second, defendant argues that the cumulative effect of the combined prosecutorial errors satisfies the second prong of the plain error analysis. ¶ 26 The plain error doctrine allows a reviewing court to consider an otherwise forfeited error when “ ‘(1) the evidence is close, regardless of the seriousness of the error, or (2) the error is serious, regardless of the closeness of the evidence.’ ” People v. Piatkowski, 225 Ill. 2d 551, 565 (2007) (quoting People v. Herron, 215 Ill. 2d 167, 187 (2005)).

44
People v. Enochgreen
ill · 1988 · cited in 3 Illinois opinions naming this issue, 2017–2025
2 sentences

2025See People v. Enoch, 122 Ill. 2d 176, 186 (1988). ¶ 21 The plain error doctrine allows a reviewing court to consider an otherwise forfeited error when “(1) the evidence is close, regardless of the seriousness of the error, or (2) the error is serious, regardless of the closeness of the evidence.” (Internal quotation marks omitted.) People 12 v. Piatkowski, 225 Ill. 2d 551, 564 (2007).

2024Genus acknowledges that he has forfeited these claims as he failed to raise them in his posttrial motion (People v. Enoch, 122 Ill. 2d 176, 186 (1988) (claims of error not raised in a posttrial motion are forfeited)) but urges us to consider these claims for plain error. ¶ 40 The plain error doctrine allows a reviewing court to consider an otherwise forfeited error when “(1) the evidence is close, regardless of the seriousness of the error, or (2) the error is serious, regardless of the closeness of the evidence.” People v. Herron, 215 Ill. 2d 167, 187 (2005)).

33
People v. Hilliergreen
ill · 2010 · cited in 6 Illinois opinions naming this issue, 2017–2024
2 sentences

2024Hillier, 237 Ill. 2d at 545 .

2024Hillier, 237 Ill. 2d at 545 .

26
People v. Moongreen
ill · 2022 · cited in 2 Illinois opinions naming this issue, 2023–2025
2 sentences

2025See People v. Moon, 2022 IL 125959, ¶ 20 .

2023See People v. Moon, 2022 IL 125959, ¶ 21 .

22
People v. Thompsongreen
ill · 2010 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017People v. Thompson, 238 Ill. 2d 598, 613 (2010).

2017People v. Thompson, 238 Ill. 2d 598, 613 (2010).

22
People v. McLauringreen
ill · 2009 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010People v. McLaurin, 235 Ill. 2d 478, 489 , 922 N.E.2d 344, 351 (2009).

2010People v. McLaurin, 235 Ill. 2d 478, 489 , 922 N.E.2d 344, 351 (2009).

22
Norwell v. City of Cincinnatigreen
scotus · 1973 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See Norwell, 414 U.S. at 16 . ¶ 16 Having found a clear or obvious error, we must next determine whether this otherwise forfeited error is reversible under the second prong of plain error review.

11
People v. Harveygreen
ill · 2004 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021See Harvey, 211 Ill. 2d at 389 .

11
People v. Cosbygreen
ill · 2008 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020People v. Cosby, 231 Ill. 2d 262, 272 (2008).

11
People v. Leachgreen
ill · 2012 · cited in 1 Illinois opinions naming this issue, 2017–2017
1 sentence

2017“A defendant is not entitled to review of a claimed error unless he has made a timely objection at trial and raised the issue in a posttrial motion.” People v. Leach, 2012 IL 111534, ¶ 60 (citing People v. Enoch, 122 Ill. 2d 176, 186 (1988)). ¶ 87 Defendant does not ask us to review his contentions under the plain-error doctrine, which provides a limited avenue for reaching an otherwise forfeited claim.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
People v. Sebby green
ill · 2017
2 sentences

2025Under the first prong, to determine whether the evidence is close, “a reviewing court must evaluate the totality of the evidence and conduct a qualitative, commonsense assessment of it within the context of the case.” People v. Sebby, 2017 IL 119445, ¶ 53 .

2024Under the first prong, to determine whether the evidence is close, “a reviewing court must evaluate the totality of the evidence and conduct a qualitative, commonsense assessment of it within the context of the case.” People v. Sebby, 2017 IL 119445, ¶ 53 .

62022–2025
People v. Sandifer green
illappct · 2016
2 sentences

2017People v. Sandifer, 2016 IL App (1st) 133397, ¶ 17 .

2017People v. Sandifer, 2016 IL App (1st) 133397, ¶ 17 .

22017–2017
People v. White green
ill · 2011
2 sentences

2014App. 3d 183 (2009), issued by our court on November 18, 2009. ¶ 100 For example, in People v. White, 2011 IL 109689 , Justice Karmeier observed that when a defendant seeks review of an otherwise forfeited error by relying on the closely balanced prong of plain error, a reviewing court’s preliminary step should be to first evaluate “the totality of the evidence” in the case, as a practical matter.

2013App. 3d 183 (2009), issued by our court on November 18, 2009. ¶ 100 For example, in People v. White, 2011 IL 109689 , Justice Karmeier observed that when a defendant seeks review of an otherwise forfeited error by relying on the closely balanced prong of plain error, a reviewing court’s preliminary step should be to first evaluate “the totality of the evidence” in the case, as a practical matter.

22013–2014
People v. Johnson green
ill · 2025
1 sentence

2026As our supreme court has explained: “The plain error rule allows courts to review forfeited errors under two alternative prongs, when a clear and obvious error occurred and (1) 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) the error is so serious that it affected the fairness of -7- the defendant’s trial and challenged the integrity of the judicial process, regardless of the closeness of the evidence.” People v. Johnson, 2025 IL 130447, ¶ 34 . ¶ 18 Under either prong, th

12026–2026
People v. Jackson green
ill · 2020
1 sentence

2025Id.

12025–2025

Statutes the citing opinions construe

IL § 720 ILCS 5/9-1 (4) IL § 730 ILCS 5/5-4.5-30 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 31 (2010–2026) CA 19 (2014–2025) IN 2 (2000–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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