Case law

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.

In Re CRH

163 Ill. 2d 263 · Illinois Supreme Court · Nov 23, 1994

Consequently, section 1—15(b) qualifies the due process right to notice by mandating waiver if an objection to inadequate notice is not timely made. … This court has stated the following standard with respect to waiver: "Waiver of a constitutional right is valid only if it is clearly established that there was `an intentional relinquishment or abandonment of a known right

People ex rel. Raster v. Healy

230 Ill. 280 · Illinois Supreme Court · Oct 23, 1907

They will interfere where it is clearly shown that the discretion is abused. Such abuse of discretion will be controlled by mandamus. … officers belong to the same political party as the incumbent of the office they would for that reason refuse to move in the matter, and keep in any county office for the full term a person not legally elected or legally qualified

People v. Sroga

2022 IL 126978 · Illinois Supreme Court · May 19, 2022

Because the potential penalties for a violation of section 104(a)(4) exceed the ceiling for a finding of absolute liability under the first standard enumerated in section 4-9, section 4-104(a)(4) does not qualify … We concluded that the express inclusion of a culpable mental state in those related statutes presumptively established the legislature’s intent to signal its intent to create absolute liability in section 3-

Kanerva v. Weems

13 N.E.3d 1228 · Illinois Supreme Court · Jul 3, 2014

Stat. 1971, ch. 127, ¶ 530(a)), but that provision was later qualified. … A cause of action should not be dismissed under section 2-615 unless it is clearly apparent from the pleadings that no set of facts can be proven that would entitle the plaintiff to recover. Khan v.

Gruszeczka v. The Illinois Workers' Compensation Commission

2013 IL 114212 · Illinois Supreme Court · Sep 5, 2013

The provisions themselves are clearly different. … The clear implication is that if the mailbox rule qualifies as strict compliance under Rule 303(a), it should qualify as strict compliance under section 19(f)(1). I disagree.

People v. Cardamone

232 Ill. 2d 504 · Illinois Supreme Court · Mar 19, 2009

Thus, the statute does not include any adjectives, such as “severe” or “extreme,” that would qualify or quantify what kind or level of distress or anguish is required. … Therefore, the evidence, when viewed in the light most favorable to the State, is clearly sufficient to find that Eason suffered the requisite level of emotional distress as a direct result of defendant’s intentional communication

Warner v. Warner

235 Ill. 448 · Illinois Supreme Court · Jun 18, 1908

If this conclusion be accepted as true, the fact that there was purple ink at the Robinson home on that day is established. … This part of the contract is clearly void, as being contrary to sound principles of public policy.

Shell Oil Co., Inc. v. Moore

382 Ill. 556 · Illinois Supreme Court · Mar 16, 1943

and in a suit for damages for subsiding the surface by improper mining, among other things it was said: “Where the surface of land belongs to one and the minerals to another, no evidence of title appearing to regulate or qualify … And these words coupled with the fact that only the surface was included in the grant would clearly leave the mineral estate, including the right to explore for oil and gas, in the grantor.

Beaty v. Hood

229 Ill. 562 · Illinois Supreme Court · Oct 23, 1907

It has been the long established rule of this court that where the evidence is heard in open court, the chancellor, who saw the witnesses and heard them testify, is better qualified to determine the weight and credit to be … We are unable to say, after a careful reading of the testimony in this case, that the decree entered by the chancellor was clearly and palpably contrary to the weight of the testimony. After Dr. Palmer and C. E.

City of Chicago v. Farwell

286 Ill. 415 · Illinois Supreme Court · Dec 18, 1918

South Park Comrs. supra, is clearly against such an arbitrary conclusion. … would not have been qualified witnesses.

Ammons v. Canadian National Ry. Co.

2019 IL 124454 · Illinois Supreme Court · Dec 19, 2019

United States Supreme Court interpretation of federal law is clearly binding on this court. … The court found the critical word in the definition of “device” was “exemption,” as it was only when the contract or device qualified as an exemption from liability that it became void under section 55

City of Decatur v. Schlick

269 Ill. 181 · Illinois Supreme Court · Jun 24, 1915

The addition of the clause, “so far as inconsistent with its status as anti-saloon territory,” by the legislature of Illinois, clearly distinguishes our statute from that of the State of Colorado and makes inapplicable here … Yet under the Dram-shop law the device condemned could only be condemned ás being, in effect, a sale as the meaning of the word “sale” was established in the Rickart case, supra.

People v. Gocmen

425 Ill. Dec. 598 · Illinois Supreme Court · Sep 20, 2018

as an expert and must establish the effects of the drugs. … Clearly, he was incapable of driving safely, having driven his sport utility vehicle off the road while semiconscious.

People v. Pulliam

176 Ill. 2d 261 · Illinois Supreme Court · Apr 17, 1997

Specifically, defendant asserts that the State improperly argued that there was no excuse for defendant’s crimes, that defense counsel was trying to make the jury feel guilty, that the evidence clearly established defendant … She asserts that her low IQ qualifies her as mildly mentally retarded and that this factor alone should preclude the imposition of the death penalty.

Carrillo v. O'Hara

400 Ill. 518 · Illinois Supreme Court · Sep 24, 1948

The two, acting in conjunction as partners, were not at all loath to seize upon what they understood to be an opportunity, alone or with others, to make money in a field wherein they felt themselves qualified to function, … In this case we must hold the master’s conclusions of fact, and the decree based thereon, are clearly contrary to the manifest weight of the evidence.

City of Elmhurst v. Rohmeyer

297 Ill. 430 · Illinois Supreme Court · Apr 21, 1921

value of a certain piece of real estate, or whether it will be damaged or benefited by a certain improvement, and how much, witnesses testifying upon those questions must do so from their own knowledge, and they must first qualify … We conclude from the evidence that if there was any demand for city lots located on appellant’s farm, the weight of the evidence clearly shows that such demand was not great, and it would probably require a number of yeárs

People v. Whitehead

116 Ill. 2d 425 · Illinois Supreme Court · Jun 5, 1987

, which tends to establish that any of those crimes were ever actually perpetrated. … At most the State’s evidence establishes the defendant’s propensity to commit sexual offenses against young women and girls (in fact, the allegations of fondling in 1981 do not even establish propensity for the supposed crimes

Martin v. Goodrich Corp.

2025 IL 130509 · Illinois Supreme Court · Jan 24, 2025

Statutes are presumed to be constitutional, and the party challenging the validity of the statute has the burden to clearly establish constitutional invalidity. Burger v. … Libertyville High School, 186 Ill. 2d 381, 405 (1998) (finding a school district’s right to the total immunity as a defense vested when the cause of action accrued).

People v. Austin M.

2012 IL 111194 · Illinois Supreme Court · Aug 30, 2012

Clearly, he did. … Clearly, the “truth” that Novak was trying to establish was that the acts did not occur. The majority claims that “in context” the word truth refers only to Austin’s guilt. Supra ¶ 98.