burden of showing plain error (Illinois) · Go Syfert
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burden of showing plain error in Illinois

6 Illinois opinions name it 1 courts 2003–2021 2 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 (1)

CaseFollowedCited
People v. Thurowgreen
ill · 2003 · cited in 1 Illinois opinions naming this issue, 2003–2003
2 sentences

2003People v. Thurow, 203 Ill. 2d 352, 363 (2003).

2003People v. Thurow, 203 Ill.2d at 363 , 272 Ill.Dec. 185 , 786 N.E.2d 1019 (2003).

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 (4)

CaseCitedYears
People v. Jones green
ill · 2016
2 sentences

2020Id.

2020Id. ¶ 50 AHC is a Class X felony punishable by 6 to 30 years’ imprisonment. 720 ILCS 5/24-1.7(b) (West 2016); 730 ILCS 5/5-4.5-25(a) (West 2016). ¶ 51 It is improper double enhancement when either (1) a single factor is used both as an element of an offense and as a basis for imposing a longer sentence than may otherwise have been imposed, or (2) the same factor is used twice to elevate the severity of the offense itself.

22020–2020
People v. Reese green
ill · 2017
2 sentences

2021Id.

2021Id. ¶ 72 Here, Officer Campbell and Detective Gentile testified strictly to the course of their investigation that led to defendant and codefendant Calvin.

12021–2021
People v. Jackson green
ill · 2020
1 sentence

2021Id.

12021–2021
People v. Short green
illappct · 2021
1 sentence

2020Short, 2020 IL App (1st) 162168, ¶ 79 . ¶ 17 Having determined that defendant forfeited this claim of error, “[w]e may consider a forfeited claim under the plain-error doctrine, under which we consider a clear or obvious error if either (1) the trial evidence was closely balanced or (2) the error was so serious as to deny the defendant a fair trial and challenges the integrity of the judicial process. [Citation.] A defendant claiming plain error has the burden of showing plain error, and the first step in plain-error analysis is determining whether an error occurred at all. [Citation.]” Id. ¶

12020–2020

Where else courts name it

NJ 7 (2018–2023) IL 6 (2003–2021) MO 3 (2001–2007) UT 2 (2018–2025) GA 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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