Circumstances Under Which a Stipulated Bench Trial Will Constitute a Guilty Plea
In People v. Campbell, 208 Ill. 2d 203, 802 N.E.2d 1205, 280 Ill. Dec. 684 (2003), the supreme court addressed the ability of defense counsel to waive a defendant's sixth amendment right of confrontation by stipulating to the admission of evidence at trial.
The Campbell listed the circumstances under which a stipulated bench trial will constitute a guilty plea.
"When the State's entire case is to be presented by stipulation and the defendant does not present or preserve a defense (see People v. Horton, 143 Ill. 2d 11, 22, 570 N.E.2d 320, 155 Ill. Dec. 807 (1991) ('a stipulated bench trial is not tantamount to a guilty plea if the defendant presented and preserved a defense')), or where the stipulation includes a statement that the evidence is sufficient to convict the defendant, the stipulation implicates fundamental due process concerns and can only be waived by the defendant personally." Campbell, 208 Ill. 2d at 218.