assertion of plain error (Illinois) · Go Syfert
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assertion of plain error in Illinois

12 Illinois opinions name it 2 courts 2017–2026 6 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 (6)

CaseFollowedCited
People v. Downsgreen
ill · 2015 · cited in 3 Illinois opinions naming this issue, 2017–2017
2 sentences

2017See People v. Downs, 2015 IL 117934, ¶ 15 (in determining whether an error occurred for purposes of undertaking plain error analysis, standard of review is de novo).

2017See People v. Downs, 2015 IL 117934, ¶ 15 (in determining whether an error occurred for purposes of undertaking plain error analysis, standard of review is de novo).

33
People v. Jacksongreen
ill · 2020 · cited in 4 Illinois opinions naming this issue, 2020–2026
2 sentences

2026“In addressing an assertion of plain error, it is appropriate to determine whether reversible error occurred at all,” as “[w]ithout reversible error, there can be no plain error.” People v. Jackson, 2020 IL 124112, ¶¶ 81, 88 . ¶ 40 Here, defendant is correct that the trial court misstated his criminal history at sentencing.

2025People v. Jackson, 2020 IL 124112, ¶ 81 (“In addressing an assertion of plain error, it is appropriate to determine whether reversible error occurred at all.”). ¶ 61 In a bench trial, an error in the admission of evidence is reversible only where there is a reasonable probability that the trial court would have acquitted the defendant had it excluded the erroneously admitted evidence.

24
People v. Hoodgreen
ill · 2016 · cited in 4 Illinois opinions naming this issue, 2020–2023
2 sentences

2023In addressing a defendant’s assertion of plain error, we must first determine whether error occurred at all (id.) because “without error, there can be no plain error” (People v. Hood, 2016 IL 118581, ¶ 18 ). ¶ 42 The standard of review applied to a prosecutor’s closing argument is similar to the standard used to decide whether a prosecutor committed plain error.

2023Id. ¶ 83 We will find reversible error only if the defendant demonstrates that the remarks were improper and that they were so prejudicial that real justice was denied or that the finding of guilt resulted from the error.

24
People v. Harrisgreen
ill · 2007 · cited in 2 Illinois opinions naming this issue, 2020–2021
2 sentences

2021See People v. Hood, 2016 IL 118581, ¶ 18 ; People v. Harris, 225 Ill. 2d 1, 24 (2007). ¶ 82 Generally, prosecutors have wide latitude in the content of their closing arguments.

2020See People v. Hood, 2016 IL 118581, ¶ 18 ; People v. Harris, 225 Ill. 2d 1, 24 (2007). ¶ 82 Generally, prosecutors have wide latitude in the content of their closing arguments.

22
People v. Piatkowskigreen
ill · 2007 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021In the presence of such an error, we then determine whether “(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 the defendant’s trial and challenged the integrity of the judicial process, regardless of the closeness of the evidence.” Id. (citing People v. Piatkowski, 225 Ill. 2d 551, 564-65 (2007), citing Herron, 215 Ill. 2d at 186-87 ). -7- ¶ 27 In addressing an assertion of plain error, it is appropriate to determi

11
People v. Smithgreen
illappct · 1990 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020People v. Smith, 199 Ill.

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 (3)

CaseCitedYears
People v. Smart green
ill · 2025
1 sentence

2025People v. Smart, 2025 IL 130127, ¶ 93 .

12025–2025
People v. Jackson green
ill · 2022
1 sentence

2023Jackson, 2022 IL 127256, ¶ 21 .

12023–2023
People v. Herron green
ill · 2005
2 sentences

2021In the presence of such an error, we then determine whether “(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 the defendant’s trial and challenged the integrity of the judicial process, regardless of the closeness of the evidence.” Id. (citing People v. Piatkowski, 225 Ill. 2d 551, 564-65 (2007), citing Herron, 215 Ill. 2d at 186-87 ). -7- ¶ 27 In addressing an assertion of plain error, it is appropriate to determi

2021In the presence of such an error, we then determine whether “(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 the defendant’s trial and challenged the integrity of the judicial process, regardless of the closeness of the evidence.” Id. (citing People v. Piatkowski, 225 Ill. 2d 551, 564-65 (2007), citing Herron, 215 Ill. 2d at 186-87 ). -7- ¶ 27 In addressing an assertion of plain error, it is appropriate to determi

12021–2021

Statutes the citing opinions construe

IL § 720 ILCS 5/12-3 (3) IL § 720 ILCS 5/31-1 (3) IL § 720 ILCS 5/4-5 (3) IL § 720 ILCS 5/6-2 (3) IL § 720 ILCS 5/6-3 (3) IL § 720 ILCS 5/9-1 (3)

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

MO 66 (1980–2016) IL 12 (2017–2026) MT 7 (2015–2026) OH 6 (2004–2018) NE 2 (2018–2018)

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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