People v. Wade

JUSTICE SIMON,

specially concurring:

I can accept the majority’s determination that because the defendant failed to request a different judge before trial the issue is waived. Having made this determination, the court’s discussion of whether the defendant could have invoked Supreme Court Rule 402(d)(2) (87 Ill. 2d R. 402(d)(2)), which would require the judge to recuse himself, is unnecessary; since the issue has been waived, any conclusion the court might reach regarding the applicability of the rule would not affect the outcome of the case. (Palmer House Co. v. Industrial Com. (1944), 388 Ill.…