terms forfeiture waiver (Illinois) · Go Syfert
← Illinois issues

terms forfeiture waiver in Illinois

7 Illinois opinions name it 2 courts 2020–2024 4 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. Sophanavonggreen
ill · 2020 · cited in 5 Illinois opinions naming this issue, 2020–2024
2 sentences

2024See People v. Sophanavong, 2020 IL 124337, ¶ 20 (“[T]his court has noted that the terms forfeiture and waiver have, at times, been used interchangeably, and often incorrectly, in criminal cases.”); People v. Marcum, 2024 IL 128687, ¶ 34 (explaining the statute at issue provided an issue was waived if not timely raised and, accordingly, the supreme court considered waiver instead of forfeiture). ¶ 14 As waiver applies, defendant’s remaining potential claim of error is for ineffective assistance of counsel.

2024See People v. Sophanavong, 2020 IL 124337, ¶ 20 (“[T]his -9- court has noted that the terms forfeiture and waiver have, at times, been used interchangeably, and often incorrectly, in criminal cases.”).

25
People v. Blairgreen
ill · 2005 · cited in 2 Illinois opinions naming this issue, 2020–2024
2 sentences

2024People v. Hughes, 2015 IL 117242, ¶ 37 ; People v. Blair, 215 Ill. 2d 427, 443 (2005).

2020People v. Hughes, 2015 IL 117242, ¶ 37 ; People v. Blair, 215 Ill. 2d 427, 443 (2005).

22
People v. Marcumgreen
ill · 2024 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024See People v. Sophanavong, 2020 IL 124337, ¶ 20 (“[T]his court has noted that the terms forfeiture and waiver have, at times, been used interchangeably, and often incorrectly, in criminal cases.”); People v. Marcum, 2024 IL 128687, ¶ 34 (explaining the statute at issue provided an issue was waived if not timely raised and, accordingly, the supreme court considered waiver instead of forfeiture). ¶ 14 As waiver applies, defendant’s remaining potential claim of error is for ineffective assistance of counsel.

11
People v. Artisgreen
ill · 2009 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023The Illinois Supreme Court has noted that “the terms forfeiture and waiver have, at times, been used interchangeably, and often incorrectly, in criminal cases.” People v. Sophanavong, 2020 IL 124337, ¶ 20 . “[W]aiver is an intentional relinquishment or abandonment of a known right or privilege,” whereas “[f]orfeiture is defined as the failure to make the timely assertion of the right.” People v. Lesley, 2018 IL 122100, ¶¶ 36, 37 ; see also Buenz v. Frontline Transportation Co., 227 Ill. 2d 302 , 320 n.2 (2008) (noting that forfeiture is the failure to timely comply with procedural requirements

11
Buenz v. Frontline Transportation Co.green
ill · 2008 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023The Illinois Supreme Court has noted that “the terms forfeiture and waiver have, at times, been used interchangeably, and often incorrectly, in criminal cases.” People v. Sophanavong, 2020 IL 124337, ¶ 20 . “[W]aiver is an intentional relinquishment or abandonment of a known right or privilege,” whereas “[f]orfeiture is defined as the failure to make the timely assertion of the right.” People v. Lesley, 2018 IL 122100, ¶¶ 36, 37 ; see also Buenz v. Frontline Transportation Co., 227 Ill. 2d 302 , 320 n.2 (2008) (noting that forfeiture is the failure to timely comply with procedural requirements

11
People v. Lesleygreen
ill · 2018 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023The Illinois Supreme Court has noted that “the terms forfeiture and waiver have, at times, been used interchangeably, and often incorrectly, in criminal cases.” People v. Sophanavong, 2020 IL 124337, ¶ 20 . “[W]aiver is an intentional relinquishment or abandonment of a known right or privilege,” whereas “[f]orfeiture is defined as the failure to make the timely assertion of the right.” People v. Lesley, 2018 IL 122100, ¶¶ 36, 37 ; see also Buenz v. Frontline Transportation Co., 227 Ill. 2d 302 , 320 n.2 (2008) (noting that forfeiture is the failure to timely comply with procedural requirements

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. Hughes green
ill · 2015
2 sentences

2024People v. Hughes, 2015 IL 117242, ¶ 37 ; People v. Blair, 215 Ill. 2d 427, 443 (2005).

2020People v. Hughes, 2015 IL 117242, ¶ 37 ; People v. Blair, 215 Ill. 2d 427, 443 (2005).

22020–2024

← Caselaw search · G Cite Topics · Brief Check