No. 94646.Supreme Court of Illinois.
June 20, 2002. November 2002.
Appeal from Rule 23 Order No. 1-99-4438.
Leave to appeal denied with order.
In the exercise of this court’s supervisory authority, the Appellate Court, First District, is directed to vacate its order in People v. Burks, No. 1-99-4438 (June 20, 2002). The appellate court is further directed to reconsider its judgment, including whether the evidence of defendant’s guilt is closely balanced to require plain error review of his claim under Doyle v. Ohio, 426 U.S. 611 (1976). See People v. Shaw, 186 Ill. 2d 301, 330-31 (1998) (plain error doctrine only applies where evidence of defendant’s guilt is closely balanced or where alleged error is so substantial or fundamental as to deprive defendant of a fair trial).