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

10 Illinois opinions name it 1 courts 2010–2020 0 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 (3)

CaseFollowedCited
People v. McLauringreen
ill · 2009 · cited in 6 Illinois opinions naming this issue, 2010–2020
2 sentences

2020Under the plain-error doctrine, however, a reviewing court may consider an unpreserved and otherwise forfeited error “(1) where the evidence in the case is so closely balanced that the jury’s guilty verdict may have resulted from the error and not the evidence[ ] or (2) where the error is so serious that the defendant was denied a substantial right[ ] and thus a fair trial.” People v. McLaurin, 235 Ill. 2d 478, 489 (2009).

2020We disagree, and for reasons stated below, we decline to review this issue for plain error. ¶ 24 Under the plain-error doctrine, a reviewing court may consider an unpreserved and otherwise forfeited error “(1) where the evidence in the case is so closely balanced that the jury’s guilty verdict may have resulted from the error and not the evidence[ ] or (2) where the error is so serious that the defendant was denied a substantial right[ ] and thus a fair trial.” People v. McLaurin, 235 Ill. 2d 478, 489 (2009).

56
People v. Herrongreen
ill · 2005 · cited in 4 Illinois opinions naming this issue, 2010–2011
2 sentences

2011The plain-error doctrine allows a reviewing court to consider an unpreserved and 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, 186-87 , 830 N.E.2d 467, 479 (2005).

2011The plain-error doctrine allows a reviewing court to consider an unpreserved and 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, 186-87 , 830 N.E.2d 467, 479 (2005).

44
People v. Willhitegreen
illappct · 2010 · cited in 1 Illinois opinions naming this issue, 2010–2010
1 sentence

2010Under the plain-error doctrine, however, a reviewing court may consider an unpreserved and otherwise forfeited error “(1) where the evidence in the case is so closely balanced that the jury’s guilty verdict may have resulted from the error and not the evidencef ] or (2) where the error is so serious that the defendant was denied a substantial right[ ] and thus a fair trial.” People v. McLaurin, 235 Ill. 2d 478, 489 , 922 N.E.2d 344, 351 (2009). “[Bjefore we consider application of the plain-error doctrine to the case at bar, we must determine whether the trial court erred in its application of

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 (1)

CaseCitedYears
People v. Morgan green
illappct · 2008
1 sentence

2020Our supreme court has “emphasized that the term ‘waiver,’ as used in cases regarding [Illinois] Supreme Court Rule 615(a) [citation] concerning plain error, has nothing to do with the voluntary relinquishment of known rights.” Morgan, 385 Ill.

12020–2020

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