People v. Raibley

PRESIDING JUSTICE MYERSCOUGH,

specially concurring in part and dissenting in part:

I concur that the State forfeited the issue of untimeliness of the posttrial motion. However, I disagree with the majority’s holding that defendant did not consent to the search or the viewing of the videotapes. I disagree also with the majority’s apparent view that appellate courts should always review de novo the voluntariness of a consent. Voluntariness of a consent is only reviewed de novo where neither the facts nor the credibility of witnesses is disputed. Anthony, 198 Ill. 2d at 201, 761 N.E.2d at 1191;…