criminal plain error (Illinois) · Go Syfert
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criminal plain error in Illinois

9 Illinois opinions name it 1 courts 2012–2026 3 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 (7)

CaseFollowedCited
In re Detention of Svedagreen
illappct · 2004 · cited in 2 Illinois opinions naming this issue, 2014–2014
2 sentences

2014See In re Detention of Sveda, 354 Ill.

2014See In re Detention of Sveda, 354 Ill.

22
In re Commitment of Fieldsgreen
illappct · 2012 · cited in 2 Illinois opinions naming this issue, 2013–2013
2 sentences

2013See In re Commitment of Fields, 2012 IL App (1st) 112191, ¶ 57 (before addressing whether the plain-error rule applies, court must consider whether error occurred at all).

2013See Fields, 2012 IL App (1st) 112191, ¶ 57 (noting that decision concerning whether civil or criminal plain-error rule applies is unnecessary when no error arose at all). ¶ 21 The next issue we consider is whether respondent was proved guilty beyond a reasonable doubt of being a sexually violent person.

22
In re Commitment of Gavingreen
illappct · 2014 · cited in 2 Illinois opinions naming this issue, 2019–2021
2 sentences

2021See Gavin, 2014 IL App (1st) 122918, ¶¶ 52-55 (noting that the criminal plain-error doctrine is appropriate for proceedings arising under the SVP Act).

2021“The criminal plain error doctrine allows us to reach a forfeited error that affects substantial rights where: (i) the evidence is so closely balanced, the jury’s guilty verdict might have resulted from the error and not the evidence; or (ii) the error is so serious the defendant was denied a substantial right and, thus, a fair trial.” Gavin, 2014 IL App (1st) 122918, ¶ 56 (citing People v. Ware, 2014 IL App (1st) 120485, ¶ 14 ). “ ‘Our first step in plain error review is to determine whether any error occurred at all.’ ” Gavin, 2014 IL App (1st) 122918, ¶ 56 (quoting People v. Sullivan, 2014

12
In re Commitment of Tenoriogreen
illappct · 2021 · cited in 1 Illinois opinions naming this issue, 2026–2026
2 sentences

2026See In re Commitment of Tenorio, 2020 IL App (1st) 182608, ¶ 50 (applying criminal plain error to a civil commitment case). ¶ 48 The criminal plain error doctrine allows a reviewing court to consider an unpreserved claim where 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, or (2) the error is so serious that it affected the fairness of the trial and challenged the integrity of the judicial process.

2026See In re Commitment of Tenorio, 2020 IL App (1st) 182608, ¶ 50 (applying criminal plain error to a civil commitment case). ¶ 48 The criminal plain error doctrine allows a reviewing court to consider an unpreserved claim where 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, or (2) the error is so serious that it affected the fairness of the trial and challenged the integrity of the judicial process.

11
In re Commitment of Curtnergreen
illappct · 2012 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025See In re Commitment of Curtner, 2012 IL App (4th) 110820, ¶ 26 .

11
In re Commitment of Hardingreen
illappct · 2013 · cited in 1 Illinois opinions naming this issue, 2013–2013
1 sentence

2013See Fields, 2012 IL App (1st) 112191, ¶ 57 (noting that decision concerning whether civil or criminal plain-error rule applies is unnecessary when no error arose at all). -9- 2013 IL App (2d) 120977 ¶ 21 The next issue we consider is whether respondent was proved guilty beyond a reasonable doubt of being a sexually violent person.

11
People v. Ottingergreen
illappct · 2002 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012See In re Ottinger, 333 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 (5)

CaseCitedYears
People v. Ware green
illappct · 2014
2 sentences

2021“The criminal plain error doctrine allows us to reach a forfeited error that affects substantial rights where: (i) the evidence is so closely balanced, the jury’s guilty verdict might have resulted from the error and not the evidence; or (ii) the error is so serious the defendant was denied a substantial right and, thus, a fair trial.” Gavin, 2014 IL App (1st) 122918, ¶ 56 (citing People v. Ware, 2014 IL App (1st) 120485, ¶ 14 ). “ ‘Our first step in plain error review is to determine whether any error occurred at all.’ ” Gavin, 2014 IL App (1st) 122918, ¶ 56 (quoting People v. Sullivan, 2014

2021“The criminal plain error doctrine allows us to reach a forfeited error that affects substantial rights where: (i) the evidence is so closely balanced, the jury’s guilty verdict might have resulted from the error and not the evidence; or (ii) the error is so serious the defendant was denied a substantial right and, thus, a fair trial.” Gavin, 2014 IL App (1st) 122918, ¶ 56 (citing People v. Ware, 2014 IL App (1st) 120485, ¶ 14 ). “ ‘Our first step in plain error review is to determine whether any error occurred at all.’ ” Gavin, 2014 IL App (1st) 122918, ¶ 56 (quoting People v. Sullivan, 2014

32014–2021
People v. Curry green
illappct · 2013
2 sentences

2014People v. Curry, 2013 IL App (4th) 120724, ¶¶ 72-73 . ¶ 53 The State argues that we should apply the civil plain error doctrine to SVP Act cases.

2014People v. Curry, 2013 IL App (4th) 120724, ¶¶ 72-73 . ¶ 53 The State argues that we should apply the civil plain error doctrine to SVP Act cases.

22014–2014
People v. Williams green
ill · 2022
1 sentence

2026Id. ¶ 47 Respondent first challenges the State’s comment that the case presented “the risk that there is another victim whose life is changed forever from being the victim of rape.” He acknowledges -14- 1-24-0128 that the court sustained his objection to the comment but contends that the State continued to press this point by concluding, “[t]he common sense, the evidence in this case, everything points to one conclusion, and it is that if this man is released from custody, there will be another victim.” Although respondent did not preserve the argument related to this statement, we may review

12026–2026
People v. Sebby green
ill · 2017
1 sentence

2026People v. Sebby, 2017 IL 119445, ¶ 48 .

12026–2026
People v. Sullivan green
illappct · 2014
2 sentences

2021“The criminal plain error doctrine allows us to reach a forfeited error that affects substantial rights where: (i) the evidence is so closely balanced, the jury’s guilty verdict might have resulted from the error and not the evidence; or (ii) the error is so serious the defendant was denied a substantial right and, thus, a fair trial.” Gavin, 2014 IL App (1st) 122918, ¶ 56 (citing People v. Ware, 2014 IL App (1st) 120485, ¶ 14 ). “ ‘Our first step in plain error review is to determine whether any error occurred at all.’ ” Gavin, 2014 IL App (1st) 122918, ¶ 56 (quoting People v. Sullivan, 2014

2021“The criminal plain error doctrine allows us to reach a forfeited error that affects substantial rights where: (i) the evidence is so closely balanced, the jury’s guilty verdict might have resulted from the error and not the evidence; or (ii) the error is so serious the defendant was denied a substantial right and, thus, a fair trial.” Gavin, 2014 IL App (1st) 122918, ¶ 56 (citing People v. Ware, 2014 IL App (1st) 120485, ¶ 14 ). “ ‘Our first step in plain error review is to determine whether any error occurred at all.’ ” Gavin, 2014 IL App (1st) 122918, ¶ 56 (quoting People v. Sullivan, 2014

12021–2021

Statutes the citing opinions construe

IL § 725 ILCS 207/1 (6) IL § 725 ILCS 207/35 (5) IL § 725 ILCS 207/40 (4) IL § 725 ILCS 207/15 (3) IL § 725 ILCS 207/20 (3) IL § 725 ILCS 207/5 (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

IL 9 (2012–2026) OH 7 (2016–2023)

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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