"It's Forfeiture Not Waiver"

Hon. Mary Jane TheisJustice, Illinois Supreme Court

WAIVERIntentional relinquishment of a known right

FORFEITUREFailure 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

Caution to Courts of Review

Failure to Object at Trial

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 116231Nov 20, 2014

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

Supreme Court Rule 341(h)

"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."

Supreme Court Rule 315(c)(3)

Forfeiting the Forfeiture

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

Exceptions to Forfeiture

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)

Consistent Rule of Law

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)

Issues in PLA are "inextricably intertwined"

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."

Plain Error in Criminal Cases

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)

First Prong

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)

Second Prong

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)

Plain Error in Civil Cases

2014 IL 116231 

IN THESUPREME COURT

OFTHE 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 …