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People v. Lester Muhammad, No. 3-08-0761

CHAIN OF CUSTODY - An attack on the chain of custody of evidence is not an attack on the sufficiency of the evidence, but an attack on the adequacy of the foundation for the admission of the evidence, as the Supreme Court said in Woods, 214 Ill.2d 455, 828 N.E.2d 247 (2005). It is waived if it is not raised below.

STIPULATION - A stipulation to the evidence waives the defendant’s right to challenge on appeal.

PLAIN ERROR - The plain error doctrine applies to allow a challenge to the chain of custody for the first time on appeal in the rare instance of complete breakdown in...[More]

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