Power Point Presentation - Circuit Court of Cook County

January 5, 2018 | Author: Anonymous | Category: Social Science, Law
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Hon. Mary Jane Theis Justice, Illinois Supreme Court

WAIVER

Intentional relinquishment of a known right

FORFEITURE

Failure to make the timely assertion of the right



People v. Blair, 215 Ill. 2d 427 (2005)



Gallagher v. Lenart, 226 Ill. 2d 208 (2007)

"Two most important tasks of an Appellate Court Panel Jurisdiction Determine whether issues are forfeited"

People v. Smith, 228 Ill. 2d 95 (2008)

You "are not free rangers riding about the legal landscape looking for laws to make."



People v. White, 2011 IL 109689

In criminal cases, failure to raise the issue in an in limine proceeding or a contemporaneous objection at trial, and in a posttrial motion. In civil cases, failure to raise the issue in a motion in limine, and in a contemporaneous objection at trial.



People v. Denson, 2014 IL 116231 Nov 20, 2014



"arguments, which shall contain the contentions of the appellant, and the reasons therefore, with citations of authority…"





"a reviewing court is not simply a depository into which a party may dump the burden of argument and research." Lake County Grading Co. v. Village of Antioch, 2014 IL 115805



"The petition for leave to appeal… shall contain…a statement of the points relied upon in asking the Supreme Court to review the judgment of the Appellate Court."



Forfeiting the Forfeiture



People v. Harris 228 Ill. 2d 222, 229 (2008)





Forfeiture is a limitation on the parties and not the Court's JURISDICTION

Jackson v. Board of Election Commissioners of City of Chicago, 2012 IL 111928



O'Casek v. Children's Home and Society of Illinois, 229 Ill. 2d 421 (2008)





Constitutionality of statutes may be raised at any time.

In re M.I., 2013 IL 113776, ¶ 39 (2013)



People v. McKown, 236 Ill. 2d 278 (2010)



Supreme Court Rule 615(a)



People v. Herron, 215 Ill. 2d 167 (2005)



"plain error is not a general savings clause; it is a narrow and limited exception to the forfeiture rule."





A clear and obvious error and the evidence is so closely balanced that the error alone threatened to tip the scales of justice against the defendant. People v. Piatrowski, 225 Ill. 2d 551 (2007)





A clear or obvious error occurred and the error is so serious that it effected the fairness of the trial and challenged the integrity of the judicial process. People v. Piatrowski, 225 Ill. 2d 551 (2007)





When the prejudicial error involves flagrant misconduct so inflammatory that the jury verdict is a product of biased passion, rather that an impartial consideration of the evidence. Gillespie v. Chrysler Motors Corporation, 135 Ill. 2d 363 (1990)

2014 IL 116231 IN THE SUPREME COURT OF THE STATE OF ILLINOIS   

(Docket No. 116231) THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. DARREN DENSON, Appellant.

Opinion filed November 20, 2014.   

JUSTICE THOMAS delivered the judgment of the court, with opinion. Chief Justice Garman and Justices Freeman, Kilbride, Karmeier, Burke, and Theis concurred in the judgment and opinion.





OPINION Following a jury trial in the circuit court of Kane County, defendant, Darren Denson, was convicted of first degree murder (720 ILCS 5/9-1(a)(2) (West 2002)), armed robbery (720 ILCS 5/18-2(a)(1) (West 2002)), and home invasion (720 ILCS 5/12-11(a)(1) (West 2002)). The trial court sentenced him to natural life in prison for the first degree murder, consecutive to two concurrent terms of 30 years in prison for the other two counts. Defendant appealed, and the appellate court affirmed. 2013 IL App (2d) 110652. We granted defendant’s petition for leave to appeal (Ill. S. Ct. R. 315(a) (eff. July 1, 2013) and for the reasons that follow, now affirm the judgment of the appellate court.

  

BACKGROUND Defendant was charged by indictment with the February 2003 murder of Kyle Juggins. Prior to trial, the State filed a six-page motion in limine to admit certain …

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