Case law

A.J. Maggio Co. v. Willis

197 Ill. 2d 397 · Illinois Supreme Court · Sep 27, 2001

With the addition of paragraph (e) in 1967, however, we established the rule against successive petitions for rehearing in the appellate court. … The meaning of “no other petitions” does not need to be qualified or explained by yet another phrase such as that supplied by Maggio.

The People v. Riley

376 Ill. 364 · Illinois Supreme Court · Apr 10, 1941

In open court they each stated that they had been given no promise of reward or immunity and there is no reason apparent to this court for interfering with the judgment of guilt entered pursuant thereto. … That cases of this sort are not in point here was clearly pointed out in People v. Popescue, 345 Ill. 142 .

People v. Fair

238 N.E.3d 1119 · Illinois Supreme Court · Feb 16, 2024

dishonesty and abuse in other cases was also presented, showing that McDermott invoked the fifth amendment in multiple cases and - 11 -  ultimately received immunity … The circuit court’s attempt to use the intake report to establish Fair had no medical problems is against the manifest weight of the evidence.

People v. Watts

Illinois Supreme Court · Feb 20, 1998

The State acknowledges that the first sentence of subsection (c) creates a mandatory, rebuttable presumption of intent once the predicate facts are established. … The presumption's mandatory nature is clearly demonstrated by its mandate that “it shall be a rebuttable presumption.” (Emphasis added.) 815 ILCS 515/3(c) (West 1994).

People v. Smith

Illinois Supreme Court · May 25, 2000

In my view, the evidence firmly establishes his commission of that offense as well. … In the case at bar, the police officer’s testimony that he saw the defendant throwing the gun out of the window clearly established that the defendant was armed during the commission of the possession offense.

People v. Lidster

202 Ill. 2d 1 · Illinois Supreme Court · Oct 18, 2002

Once the officers witnessed defendant’s erratic driving, they clearly had reasonable suspicion to detain defendant for further inquiry. See People v. Sorenson, 196 Ill. 2d 425, 433 (2001); People v. Brodack, 296 Ill. … , known crime, as opposed to a roadblock established to discover evidence of crime in general.

Fay v. Fay

336 Ill. 299 · Illinois Supreme Court · Oct 19, 1929

The evidence established the facts alleged in the bill. … There were controlling words in the wills involved in these and other cases which justified the construction that the vesting in interest was postponed or that a qualified fee only was devised.

Applebaum v. RUSH UNIVERSITY MEDICAL CENTER

231 Ill. 2d 429 · Illinois Supreme Court · Nov 20, 2008

The plain language of Rule 756, however, clearly refutes such a claim. … Peters, 926 F.2d 668, 669-70 (7th Cir. 1991) (“Lawyers who do not pay their dues violate a legal norm, but not one established for the protection of clients”), Johnson v.

In Re Detention of Hardin

238 Ill. 2d 33 · Illinois Supreme Court · Jun 24, 2010

Because the language chosen by our legislature has not clearly established its intent to impose the same high burden of proof present in a criminal trial at the probable cause stage of a SVP proceeding, this court will not … considered, probable cause is established.

Lieberman v. Chicago & South Side Rapid Transit Railroad

141 Ill. 140 · Illinois Supreme Court · Mar 24, 1892

The term “railroad” as used in the act of 1872, is clearly broad enough to include an elevated railroad, and we think the Legislature clearly intended to use the word in a sense sufficiently broad and general to include railroads … act included steam railways, said: “The power given by the act is to make any railway; and it is not shown that the term railway has any definite meaning requiring it to be made on a level; and I can not think it can be qualified

Sommer v. Village of Glenview

79 Ill. 2d 383 · Illinois Supreme Court · Mar 28, 1980

On March 16, 1979, more than 30 days prior to the next general election in the village, petitions bearing the signatures of 1,349 duly qualified voters were filed with the village clerk. … Clearly, this provision constitutes a limitation on a home rule unit’s power to tax as its electorate sees fit, and therefore creates an additional conflict with article VII, section 6, of the Constitution.

Fellhauer v. City of Geneva

142 Ill. 2d 495 · Illinois Supreme Court · Feb 22, 1991

To state a valid retaliatory discharge claim, an employee must show that he was dismissed in retaliation for his activities, and that the dismissal was in contravention of a clearly mandated public policy. … Section 1983 establishes a cause of action for “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” by any person acting “under color of any statute, ordinance, regulation, custom

City of Chicago v. Wolf

221 Ill. 130 · Illinois Supreme Court · Apr 17, 1906

“A legislative act may be entirely valid as to some classes of cases and clearly void as to others. * * * A law-might be void as violating the obligation of existing contracts but valid as to all contracts which should be … He qualified and entered upon the duties of his office April 16, 1895. His term ended April 19, 1897.

Forus Mortgage Corp. v. Dwyer

214 Ill. 2d 253 · Illinois Supreme Court · Feb 17, 2005

might defeat such clearly expressed legislative intent. … The party challenging the constitutionality of the statute bears the burden of rebutting this presumption and clearly establishing a constitutional violation. Burger v.

Gaffney v. Board of Trustees of the Orland Fire Protection District

2012 IL 110012 · Illinois Supreme Court · Feb 17, 2012

The facts established that Gaffney believed he was responding to a training exercise, not an emergency. … As our appellate court has held, an “emergency” clearly requires an urgent and immediate response.

Golder v. Bressler

105 Ill. 419 · Illinois Supreme Court · Jan 31, 1883

The evidence offered to establish the contents of the deed we also regard as equally sufficient. … defendant in error, and plaintiffs in error now claim that no interest or title passed by that deed, and to sustain this position they invoke the familiar doctrine that where several trustees are appointed by name, and all qualify

People v. Chairez

104 N.E.3d 1158 · Illinois Supreme Court · Feb 1, 2018

To overcome this presumption, the party challenging the constitutionality of a statute has the burden of clearly establishing that it violates the constitution. Mosley, 2015 IL 115872, ¶ 22. … Thus, the State’s suggestion runs counter to established law.

People v. Hobbs

400 Ill. 143 · Illinois Supreme Court · Mar 18, 1948

The record shows that none of the parties whose statements were taken at the police station were abused in any way nor were they threatened with violence or promised immunity or leniency, but the statements were all given … The law is well established in this State that since the accused can expressly admit away his whole case by pleading guilty, he can admit away any part of it. People v. Pilewski, 295 Ill. 58 .

People v. Madrigal

241 Ill. 2d 463 · Illinois Supreme Court · Mar 24, 2011

All statutes are presumed constitutional, and the party challenging the constitutionality of a statute has the burden of clearly establishing that it violates the constitution. People v. … Because any one of the pieces of information listed qualifies as “personal identifying information” for purposes of committing the offense listed in section 16G — 15(a)(7), a person who simply uses someone’s name for the

People ex rel. Malley v. Barrett

203 Ill. 99 · Illinois Supreme Court · Jun 16, 1903

“Civil rights are those which have no relation to the establishment, support or management of the government. … We think, clearly not, because no state of facts, however stated, could confer power to adjudicate in that class of cases.