Case law

People v. Caffey

205 Ill. 2d 52 · Illinois Supreme Court · Oct 18, 2001

The second Chambers factor was established. There is evidence to corroborate Iacullo’s statements. The third Chambers factor was not established. … The State in effect made [the witness] unavailable by refusing to grant him immunity.”

Razor v. Hyundai Motor America

222 Ill. 2d 75 · Illinois Supreme Court · Jun 29, 2006

The independent approach has not been immune to criticism, of course. … However, the Act itself does not directly establish any such disclosure requirements, nor do the parties raise any arguments regarding any requirements the FTC may have established. 2 We note that all of the law review articles

People v. Plank

106 N.E.3d 995 · Illinois Supreme Court · May 24, 2018

Statutes are presumed to be constitutional, and “[t]o overcome this presumption, the party challenging the statute must clearly establish that it violates the constitution.” … The Driver’s Weight ¶ 15 Initially the parties dispute whether a vehicle only qualifies as a “low-speed gas bicycle” when it is driven by someone who weighs 170 pounds.

Tallman v. E.I. P.R.R. Co.

379 Ill. 441 · Illinois Supreme Court · Mar 17, 1942

The deed *Page 444 involved is in statutory form, concerning which a number of well-established rules of construction have been laid down by this court. … The principle is also clearly stated in Bauman v.

Central Illinois Public Service Co. v. Thompson

1 Ill. 2d 468 · Illinois Supreme Court · Nov 18, 1953

Appellee urges that the amendments apply only to rates, but no reason is advanced for the assertion and the context clearly refutes the claim. … The conclusion reached must, however, be qualified by the limitation that the excesses justified cannot exceed amounts which may be produced by the rate of tax authorized by the voters.

Board of Supervisors v. Davis

63 Ill. 405 · Illinois Supreme Court · Jan 15, 1872

All the evidence on the point considered, we are clearly of the opinion that the poll-book and certificate are impeached and are utterly unworthy of-credit, and should only he received to prove that a poll was opened at that … This afforded the means of fully establishing how every legal voter in the town actually cast his vote; and it at the same time cut off illegal votes, repeaters and all frauds on the ballot.

People v. Watkins-Romaine

2025 IL 130618 · Illinois Supreme Court · Jan 24, 2025

As this court has clearly explained, it is the rare error that will qualify as prong two plain error. People v. Jackson, 2022 IL 127256, ¶ 27. … The plain error rule itself is a narrow and limited exception to the forfeiture doctrine, and very few errors qualify as prong two plain errors. Id.

People v. Nieves

193 Ill. 2d 513 · Illinois Supreme Court · Nov 16, 2000

The testimony surrounding the condition of Vargas’ clothes when his body was found is clearly evidence of the physical facts and circumstances surrounding his murder. … Hudson, 157 Ill. 2d 401, 441 (1993) (the prosecutor may respond to comments by defense counsel that clearly invite a response).

Mount v. Dusing

414 Ill. 361 · Illinois Supreme Court · Mar 23, 1953

To the extent that it differs from count 3, its allegations are those of a typical bill to establish a constructive trust. … Instruction No. 11 reads: “The Court instructs the jury that the capacity to comprehend a few simple details, if the estate be small, might qualify a person, in that case, to intelligently dispose of his property by will,

In re Marriage of Lappe

Illinois Supreme Court · May 1, 1997

The party challenging the constitutionality of a statute has the burden of clearly establishing its invalidity. People v. Adams, 149 Ill. 2d 331, 338 (1992); Bernier v. Burris, 113 Ill. 2d 219, 227 (1986). … Thus, the pertinent provisions of sections 10--1 and 10--10 clearly authorize the Department to intervene and petition to establish child support on behalf of Larry.

Doney v. Keith

144 Ill. 2d 353 · Illinois Supreme Court · Sep 26, 1991

There is no language in section 7 — 1—3 which qualifies or modifies “territory” in such a way. … Similarly, in the instant case, objectors’ contention that exclusion of their property would not destroy the contiguity of the remaining territory is clearly contrary to the facts.

Phillip Morris v. Byron

Illinois Supreme Court · Aug 22, 2007

The court finds that Philip Morris has not established that its conduct -2- is ‘specifically authorized’ by law.” … ANALYSIS The case law of this court clearly establishes that, beyond our leave to appeal docket, the use of supervisory orders is disfavored. See People ex rel. Birkett v.

People ex rel. Deneen v. Simon

44 L.R.A. 801 · Illinois Supreme Court · Oct 24, 1898

Thus far his duties are clearly and simply ministerial. … This is a declaration of a fundamental principle, and, although one of'vital importance, it is to be understood in a limited and qualified sense.

People v. Patterson

154 Ill. 2d 414 · Illinois Supreme Court · Dec 4, 1992

Clearly, the trial court considered what photographs were relevant to defendant’s character and background. … We therefore decline to overturn our well-established precedent.

People v. Ward

Illinois Supreme Court · Jun 17, 1999

A defendant cannot establish reversible error by arguing that he was absent from part of the voir dire unless he can establish that he was denied a constitutional right. See People v. … right to present witnesses to establish a defense.

Jones v. Municipal Employees' Annuity & Benefit Fund

50 N.E.3d 596 · Illinois Supreme Court · Mar 24, 2016

Indeed, the language in the enforcement provisions is qualified in many respects. 40 ILCS 5/8-173.1, 11-169.1 (West 2014). … Nothing in that language supports a legislative intent to establish clearly and unequivocally an enforceable contractual right of the members of the Fund to an “actuarial funding guarantee.”

Eads v. Heritage Enterprises, Inc.

204 Ill. 2d 92 · Illinois Supreme Court · Feb 21, 2003

The Act clearly authorizes the courts to hold nursing homes liable for the actions of its employees. … If the legislature wanted to make the Act completely immune to these reform measures, it could have excluded professional health-care services in nursing homes. It did not.

People Ex Rel. Ammann v. Wabash Railroad

391 Ill. 200 · Illinois Supreme Court · Sep 19, 1945

The management of the park district is lodged in a board of commissioners duly elected and qualified under the terms of the act, and section 11 of the act (par. 266,) sets forth their powers as the corporate authorities of … If the legislature intended to deprive park districts of the right to acquire. sites for an airport and operate and maintain an airport, undoubtedly it would have clearly and positively expressed such purpose and intention

BONHOMME v. St. James

361 Ill. Dec. 1 · Illinois Supreme Court · May 24, 2012

She also contracted a recurring infection known as MRSA (multidrug resistant staphylococcus aureus) because her immune system was so weakened. ¶ 8 Yet even after Jesse's death, defendant stayed in touch with plaintiff, communicating … Despite all of this, plaintiff insists to this court she has only ever attempted to preserve counts I through IV of her second amended complaint, and that both defendant and the trial court clearly understood this.

People v. Davis

95 Ill. 2d 1 · Illinois Supreme Court · Feb 18, 1983

Nor was it introduced during the first phase of the sentencing hearing, where the State must establish the existence of an aggravating factor in order to qualify defendant for the death penalty. … We find the circumstances in the instant case clearly distinguishable from those in Enmund.