1. No category

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 …