Case law

In Re Rothenberg

108 Ill. 2d 313 · Illinois Supreme Court · Oct 3, 1985

The Administrator contends that the Review Board correctly determined that the letters were “violative of the hearsay rule of evidence” and that they did not qualify as probative evidence. … Although the letters were clearly hearsay, it was within the hearing panel’s discretion to admit them. (In re Silvern (1982), 92 Ill. 2d 188, 196 .)

Germania Fire Insurance v. Klewer

129 Ill. 599 · Illinois Supreme Court · Oct 31, 1889

We think said instructions should have been so qualified as to submit the question of waiver to the jury, and that it was error to give them without such modification. … This was very clearly erroneous.

People v. Terrell

185 Ill. 2d 467 · Illinois Supreme Court · Dec 31, 1998

However, establishing the actual cause of Laura’s injuries was clearly required in order to prove that defendant’s behavior was brutal or heinous. … Evidence of the weapon used during the crimes is clearly relevant to establish a defendant’s intent at the time of the incidents. Rogers, 123 Ill. 2d at 516-17 .

People v. Smith

176 Ill. 2d 217 · Illinois Supreme Court · Mar 20, 1997

Thus, on remand, defendant clearly had a right to both stages of the hearing. … In the case at bar, the record clearly indicates that the trial court relied on only proper evidence in sentencing defendant.

Automotive Material Co. v. American Standard Metal Products Corp.

327 Ill. 367 · Illinois Supreme Court · Oct 22, 1927

It is well established by the authorities of this country that a foreign corporation is not doing, carrying on, transacting or engaging in business in a State, within the meaning of statutes like ours now under consideration … The qualifying of such agent for the transaction of such future business by taking a bond from such agent does not come within the meaning of the statute. (14A Corpus Juris, sec. 3985, p. 1279, and authorities cited.)

State Board of Equalization v. People ex rel. County of Alexander

229 Ill. 430 · Illinois Supreme Court · Oct 23, 1907

far as material, section 18 so far as material, section 22 and section 27 of that act, are as follows: Section 1 provides that the Illinois Central Railroad Company is thereby “invested with all the powers, privileges, immunities … This will clearly appear by a brief recapitulation of the acts of Congress and the State of Illinois on the subject. * * * The manifest purpose of Congress was to establish a railroad in the center of the continent, connecting

The People v. Townsend

11 Ill. 2d 30 · Illinois Supreme Court · Mar 20, 1957

To support the defendant’s testimony, and to rebut intervening evidence given by the police surgeon, the defense called Charles Proctor who qualified as an expert pharmocologist and toxicologist with extensive experience … Although the medical testimony and the evidence as to defendant’s condition at the time he gave his confession are in conflict, the record clearly establishes that defendant was capable and did in fact make a narrative of

Moline School District v. Quinn

2016 IL 119704 · Illinois Supreme Court · Jul 28, 2016

A party claiming that a statute is unconstitutional bears the burden of establishing the statute’s constitutional infirmity. … A party challenging a statute bears a heavy burden of clearly establishing a constitutional violation, and this court owes a duty to uphold legislation when reasonably possible to do so.

Gidley v. Industrial Commission

355 Ill. 586 · Illinois Supreme Court · Feb 23, 1934

the defendant in error not to have an operation on the knee but to await further developments; that the operation could be performed at any time, and that the dangers of such an operation, even at the hands of the best qualified … I. 249, 94 Atl. 877 , it was held in a well reasoned opinion that where the employee has established the liability, the burden of proof is upon the employer if he claims that the disability has been aggravated or a cure prevented

People v. Erickson

Illinois Supreme Court · Jun 18, 1998

The trial court found that Weliczko did not qualify as an expert in the field of psychology. … Moreover, regardless of the opinions Weliczko offered, the circumstances of the crime and the other aggravation evidence presented by the State clearly portrayed defendant as calculating, aggressive and violent.

People v. Harris

129 Ill. 2d 123 · Illinois Supreme Court · Sep 29, 1989

The killing of Gary Green was not presented to establish a second murder to qualify the defendant for the death penalty. (See Ill. Rev. Stat. 1983, ch. 38, par. 9 — 1(b)(3).) … It was, therefore, not necessary to establish that the defendant had “murdered” Gary Green.

People v. Waid

221 Ill. 2d 464 · Illinois Supreme Court · Jun 2, 2006

In McClanahan, the evidence in question was admitted in a criminal prosecution, a proceeding to which the confrontation clause clearly applies. … However, he qualifies this contention by noting that this right is tolled by a defendant’s unfitness.

Waterman v. Alden

144 Ill. 90 · Illinois Supreme Court · Jan 19, 1893

That they might have been collected by the use of ordinary business management, and diligence, or secured, is clearly established by the evidence. … Marsh, it was established, the only question being as to the competency of those parties as witnesses, to prove the defense, and on that question he .found in their favor.

A.J. Maggio Co. v. Willis

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.

DEPT. OF PUBLIC WORKS AND BUILDINGS v. Finks

10 Ill. 2d 15 · Illinois Supreme Court · Nov 26, 1956

It is not claimed these witnesses were not qualified to give an opinion on value. … Here, the jury verdict ($4200) did approximate the lowest estimate ($3600), but this is not, of itself, sufficient to establish a clear and palpable mistake. ( Forest Preserve District v. Dearlove, 337 Ill. 555 .)

Tuthill v. Rendelman

387 Ill. 321 · Illinois Supreme Court · May 16, 1944

It was held that he could not establish a permanent residence or abode by such conduct. … There is nothing to indicate that her ballot or right to vote was challenged, hence her right to vote was clearly established unless defendant by competent evidence showed that, as he claims, she did not have a right to register

Ward v. Village of Skokie

26 Ill. 2d 415 · Illinois Supreme Court · Nov 30, 1962

Rather it is a substitute for such powers which, if sustained in principle, will eventually displace the more difficult and cumbersome method of establishing districts with known uses. … It is because of this immunity from review that legislative bodies must confine themselves to the prescribing of general rules.

People v. Dupree

2018 IL 122307 · Illinois Supreme Court · Jun 27, 2019

This is a high bar to clear since matters of trial strategy are generally immune from claims of ineffective assistance of counsel. People v. West, 187 Ill. 2d 418 (1999); People v. … This point, more so than any other, conclusively establishes the error of the majority’s analysis.

Knisely v. Simpson

397 Ill. 605 · Illinois Supreme Court · Sep 18, 1947

The cardinal rule of testamentary construction is to ascertain and give effect to the intention of the testator, unless he attempts to accomplish a purpose or to make a disposition contrary to some established rule of law … Where a testator, by his will, employs language sufficient to pass title in fee, if it be clearly shown by other clauses or parts of the will that he intended to reduce, qualify or cut down the fee granted, such intention

People v. Reid

136 Ill. 2d 27 · Illinois Supreme Court · Apr 18, 1990

Defendant also emphasizes that the circuit court qualified its burden-of-persuasion remark with regard to the voluntariness issue. … The record clearly indicates the circuit court considered all of the relevant circumstances in the case at bar.