People v. Young

32 Citing cases

  1. United States ex rel. Jones v. Pfister

    11 C 9112 (N.D. Ill. Aug. 22, 2012)

    Nor does Jones cite Illinois cases for points of federal law. Jones cites only People v. Meredith, 405 N.E.2d 1306 (Ill. App. Ct. 1980) and People v. Young, 337 N.E.2d 40 (Ill. App. Ct.), for principles of Illinois state law in addressing the procedural question of waiver. Jones cites Meredith and Young in addressing the issue of waiver, and neither Weathers nor Young address federal law. See Weathers, 338 N.E.2d at 881-884; Young, 337 N.E.2d at 41-43.

  2. People v. Davis

    145 Ill. 2d 240 (Ill. 1991)   Cited 189 times
    Finding that repeated incorrect admonishments contributed to a showing that the defendant suffered prejudice

    The doctrine of plain error is applied to remedy errors so plain and prejudicial that failure to object to them is not a waiver for purposes of appeal. People v. Young (1975), 33 Ill. App.3d 443, 447. Due to the gravity of the error, and in the interests of justice, we believe defendant's failure to raise the issue in his motion does not waive it on appeal.

  3. People v. Ford

    83 Ill. App. 3d 57 (Ill. App. Ct. 1980)   Cited 32 times
    Noting that the defendant's act of kissing victim and placing his tongue in victim's mouth could constitute a lewd sexual act

    Nevertheless, the appellate court may consider assignments of error relating to seriously prejudicial arguments of counsel, even though no objection was made at trial. ( People v. Young (1975), 33 Ill. App.3d 443, 447, 337 N.E.2d 40.) Even though the court may relax the waiver rule, the case should not be reversed unless the closing argument of the prosecutor, which was not objected to at trial, is so prejudicial and inflammatory that it deprives the defendant of a fair trial and was a material factor in the guilty verdict of the jury. People v. Young (1975), 33 Ill. App.3d 443, 447, 337 N.E.2d 40.

  4. People v. Belvedere

    72 Ill. App. 3d 998 (Ill. App. Ct. 1979)   Cited 19 times

    See People v. Pugh (1951), 409 Ill. 584, 100 N.E.2d 909; People v. Ramey (1974), 22 Ill. App.3d 916, 317 N.E.2d 143. People v. Young (1975), 33 Ill. App.3d 443, 337 N.E.2d 40, cited by Belvedere, does not support his position that the prosecutor's argument amounted to an expression of the prosecutor's personal opinion that defendants were guilty of murder because the argument made in Young is distinguishable from the argument in the pending case. In Young, the prosecutor stated:

  5. People v. Richardson

    49 Ill. App. 3d 170 (Ill. App. Ct. 1977)   Cited 16 times

    โ€ข 4 Under the plain error doctrine, the appellate court may consider assignments of error relating to seriously prejudicial arguments of counsel although no objection was made at trial and no post-trial motion was filed. ( People v. Young, 33 Ill. App.3d 443, 337 N.E.2d 40.) In the case before us pertinent parts of the prosecutor's closing arguments are as follows:

  6. People v. Goins

    355 N.E.2d 321 (Ill. App. Ct. 1976)   Cited 1 times

    The general rule is the court may relax the waiver rule but a conviction should not be reversed unless the closing argument of the prosecutor not objected to at trial is so prejudicial and inflammatory as to deprive the defendant of a fair trial and was a material factor in the guilty verdict of the jury. People v. Young, 33 Ill. App.3d 443, 337 N.E.2d 40; People v. Briggman, 21 Ill. App.3d 747, 316 N.E.2d 121. Two portions of the prosecutor's closing arguments are in issue here.

  7. People v. Peeples

    155 Ill. 2d 422 (Ill. 1993)   Cited 247 times
    Finding that, while it disapproved of the prosecutor's reference to the defendant as a " 'human predator' " during opening, the jury was at least twice instructed that opening statements were not evidence, curing any error resulting from the remark

    Rather, the prosecutor remarked that defendant was presumed innocent and that the State carried the burden of proving its case. See People v. Griggs (1977), 51 Ill. App.3d 224, 226-27, distinguishing People v. Young (1975), 33 Ill. App.3d 443, 446-47. Defendant argues that the prosecutor's remarks diminished the presumption of innocence also by stating that, although defendant was entitled to certain rights or presumptions, he was not innocent.

  8. State v. Smith

    554 So. 2d 676 (La. 1989)   Cited 33 times
    In Smith, this court reversed a conviction and death sentence because the prosecutor "boldly represented outright to the jury that he had additional evidence of appellant's guilt that he simply saw no need to present to them," and told the jury that he could have put on more witnesses, but that it would have been a waste of time.

    ditional knowledge or information about the case which has not been disclosed to the jury. State v. Kaufman, supra; State v. Harrison, 367 So.2d 1 (La. 1979); State v. Hamilton, 356 So.2d 1360 (La. 1978); State v. May, 339 So.2d 764 (La. 1976) (recognizing the stated rule but finding that the prosecutor's comment did not imply to the jury that he had personal knowledge of facts not presented to them indicating the defendant's guilt); see also United States v. Diharce-Estrada, 526 F.2d 637 (5th Cir. 1976); United States v. Lamerson, 457 F.2d 371 (5th Cir. 1972); Gradsky v. United States, 373 F.2d 706 (5th Cir. 1967); McMillian v. United States, 363 F.2d 165 (5th Cir. 1966); United States v. Roberts, 618 F.2d 530 (9th Cir. 1980); Cleveland Paper Co. v. Banks, 15 Neb. 20, 16 N.W. 833 (1883); State v. Gundersons, 26 N.D. 294, 144 N.W. 659 (1913); State v. Thayer, 124 Ohio St. 1, 176 N.E. 656 (Ohio 1931); Thompson v. State, 318 So.2d 549 (FLa.App. 1975), cert. denied, 333 So.2d 465 (1976); People v. Young, 33 Ill. App.3d 443, 337 N.E.2d 40 (Ill.App. 1975); People v. Montevecchio, 32 Mich. App. 163, 188 N.W.2d 186 (1971); ABA Standards, supra; 3 Wharton's Criminal Procedure ยงยง 523, 524 (12th ed. 1975). The prosecuting attorney's argument in the present case was not as subtle as an expression of belief in guilt implying access to additional evidence.

  9. People v. Bartall

    98 Ill. 2d 294 (Ill. 1983)   Cited 248 times
    In People v. Bartall, 98 Ill.2d 294, 307 (1983), the defendant fired two gun shots into a parking lot and killed a woman.

    Even when no objection is made, however, inflammatory rhetoric warrants reversal when it prevents the defendant from receiving a fair trial or causes substantial interference with the fundamental integrity of the judicial process. (See, e.g., People v. Romero (1967), 36 Ill.2d 315, 320; People v. Young (1975), 33 Ill. App.3d 443, 447-48.) After examining the arguments to which no objections were made, we conclude that they did not so substantially undermine the fairness of the defendant's trial as to warrant reversal.

  10. People v. Neumeyer

    2016 Ill. App. 5th 140107 (Ill. App. Ct. 2016)

    As the defendant asks us to consider this issue despite the lack of objection, he contends that prosecutorial misconduct in closing arguments can be considered plain error. See People v. Young, 33 Ill. App. 3d 443, 445-47, 337 N.E.2d 40, 41-43 (1975); People v. Slaughter, 84 Ill. App. 3d 88, 94, 404 N.E.2d 1058, 1063 (1980); People v. Morgan, 20 Ill. 2d 437, 441-42, 170 N.E.2d 529, 531 (1960). Alternatively, he argues that his attorney was ineffective for failing to object.