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PEOPLE v. JOHNSON

No. 108253.

939 N.E.2d 475 (2010)

238 Ill.2d 478

The PEOPLE of the State of Illinois, Appellant, v. James T. JOHNSON, Appellee.

Supreme Court of Illinois.

October 21, 2010.

Attorney(s) appearing for the Case

Lisa Madigan , Atty. Gen., of Springfield, James W. Glosgow , State's Atty., of Joliet ( Michael A. Scodro , Solicitor Gen., Michael M. Glick , Charles Redfern, Asst. Attorneys Gen., of Chicago, Patrick Delfino , Terry A. Mertel , Gary F. Gnidovec , of Office of State's Attorneys Appellate Prosecutor, of Ottawa, of counsel), for the People.

Michael J. Pelletier , State Appellate Def., Robert Agostinelli , Deputy Def., Melissa Anne Maye , Asst. Appellate Def., of Office of State Appellate Def., of Ottawa. for appellee.

OPINION

Justice KILBRIDE delivered the judgment of the court, with opinion.

The issue in this appeal is whether defendant's forfeiture of his challenge to the trial court's ex parte communication should be excused under either prong of plain-error analysis. The appellate court determined that defendant's claim was reviewable under the second prong of the plain-error doctrine because the error was sufficiently serious to deny him a fair trial. 388...

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