People v. Williams
33 N.E.3d 608
Ill. App. Ct.2015Background
- Defendant Tyrone Williams pled guilty in Nov 2010 to aggravated discharge of a firearm and received 36 months’ probation.
- State petitioned to revoke probation alleging June 23, 2012 offenses including aggravated discharge and unlawful possession of a weapon by a felon.
- At the revocation hearing, after a civilian witness testified, three spectators were ordered expelled amid concerns they overheard testimony and discussed with witnesses.
- Defense counsel protested the expulsion but did not base objection on a specific public-trial right during the hearing.
- The trial court barred the three spectators for the balance of the proceedings to preserve the integrity of the proceedings.
- The appellate court affirmed, holding there is no constitutional right to a public probation-revocation hearing and plain-error review was unavailable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether public-trial right applies to probation revocation | People contends no such right exists | Williams relies on public-trial right in revocation contexts | No constitutional right to a public probation-revocation hearing |
| Whether the issue was forfeited or waived | State asserts waiver via counsel | Williams argues no valid waiver | Plain-error review not available; waiver/forfeiture unresolved for this purpose |
| Whether plain-error review applies given unsettled law | Plain error may apply if standard met | Law not settled at trial | Plain-error review unavailable; law not sufficiently settled at time of trial |
Key Cases Cited
- Morrissey v. Brewer, 408 U.S. 471 (U.S. 1972) (parole revocation due process minimums; no open-trial requirement for probation revocation)
- Gagnon v. Scarpelli, 411 U.S. 778 (U.S. 1973) (parole/probation revocation procedures)
- Olano v. United States, 507 U.S. 725 (U.S. 1993) (difference between forfeiture and waiver; plain-error review)
- People v. Blair, 215 Ill. 2d 427 (Ill. 2005) (distinction forfeiture vs waiver in error review)
- Piatkowski v. People, 225 Ill. 2d 551 (Ill. 2007) (plain-error standard guidance in Illinois)
- People v. Enoch, 122 Ill. 2d 176 (Ill. 1988) (forfeiture/waiver doctrine in review)
- Downs, 2014 IL App (2d) 121156 (Ill. App. 2d 2014) (plain-error analysis; law unsettled)
- Waller v. Georgia, 467 U.S. 39 (U.S. 1984) (right to open proceedings context cited in analysis)