People v. Johnson

Chief Justice Fitzgerald and Justices Thomas, Gar-man, and Karmeier concurred in the judgment and opinion.

Justice Burke dissented, with opinion, joined by Justice Freeman.

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 Ill. App. 3d 199, 203 (Johnson II). For the…