People v. Alsup, 241 Ill. 2d 266

Defendant Terry Alsup was convicted after a bench trial of two counts of possession with intent to deliver heroin and cocaine under the Illinois Controlled Substances Act.
Evidence included police observations of three separate drug transactions in an alley near Independence Boulevard, and recovery of heroin and cocaine from behind a garbage can.
A heat-sealed bag containing heroin and cocaine was stored under chain-of-custody procedures and later tested by a forensic chemist (Bryant) under stipulation.
A five-versus-nine item discrepancy arose between the items described at arrest and those tested by the chemist, creating a chain-of-custody issue.
The appellate court reversed one heroin count due to the discrepancy; the Supreme Court granted review to determine whether the issue could be reviewed and whether the State established an adequate chain of custody.
The Court held that the State satisfied its prima facie chain-of-custody showing and that the waiver doctrine barred appellate review of the discrepancy.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plain-error review applies to an unpreserved chain-of-custody issue.	Alsup argues Woods allows first-on-appeal review for a complete custody breakdown.	State contends Woods requires no plain-error review where there was waiver.	No; waiver bars plain-error consideration of custody discrepancy.
Whether the five-versus-nine discrepancy constitutes a complete breakdown in the chain of custody.	Alsup claims complete breakdown; items tested did not necessarily match recovered items.	State shows prima facie linkage through testimony and stipulation.	No complete breakdown; linkage established; admissibility preserved for weight.
Whether the waiver via stipulation to the chemist’s testimony barred challenge on appeal.	Waiver cannot bar sufficiency challenge to elements of possession.	Stipulation waived chain-of-custody challenge.	Waiver bars appellate challenge to the discrepancy.
Whether the State proved the heroin and cocaine items were the same items tested by Bryant.	Five heroin items and nine items tested; uncertainty about match.	Testimony and stipulation link recovered items to tested items.	Prima facie linkage established; sufficient to sustain conviction.

People v. Woods, 214 Ill.2d 455 (2005) (limits plain-error review for complete chain-of-custody breakdowns; permits waiver consideration)
People v. Blair, 215 Ill.2d 427 (2005) (waiver and forfeiture principles apply to chain-of-custody challenges)
People v. Maurice, 31 Ill.2d 456 (1964) (recognizes chain of custody factors affecting admissibility vs. weight)
People v. Bynum, 257 Ill.App.3d 502 (1994) (chain-of-custody deficiencies affect weight, not admissibility)
People v. Herron, 215 Ill.2d 167 (2005) (plain-error framework for non-preserved errors in criminal cases)
People v. Piatkowski, 225 Ill.2d 551 (2007) (clarifies plain-error review standards and close-evidence considerations)