The Obligation to Raise a Legal Issue Despite Lack of Precedent for It
In People v. Leason, 352 Ill. App. 3d 450, 453, 816 N.E.2d 747, 751, 287 Ill. Dec. 780 (2004), the defendant claimed that he satisfied the cause requirement of the cause and prejudice test because the case that established the legal predicate for his claim was not decided until after his first postconviction petition was filed. the First District rejected that argument, stating that "the lack of precedent for a position differs from 'cause' for failing to raise an issue, and a defendant must raise the issue, even when the law is against him, to preserve it for review." Leason, 352 Ill. App. 3d at 454, 816 N.E.2d at 752.