Case law

People v. Haynes

2024 IL 129795 · Illinois Supreme Court · Nov 21, 2024

“Serious provocation is conduct sufficient to excite an intense passion in a reasonable person provided, however, that an action that does not otherwise constitute serious provocation cannot qualify … Taylor, 2016 IL App (1st) 141251, ¶ 22, where the appellate court came to the opposite conclusion that “the statutory language clearly addresses two separate scenarios.

People v. Stewart

101 Ill. 2d 470 · Illinois Supreme Court · Feb 22, 1984

This language clearly applies to the instant case where the defendant faced a possible prison sentence for more than one year. … Stat. 1981, ch. 38, par. 113(d)) establishes ineffective assistance of counsel.

Charles v. Seigfried

165 Ill. 2d 482 · Illinois Supreme Court · Mar 30, 1995

It is illogical to construe a statute so that it says something about a topic on which the statute is clearly silent. The majority’s analysis of its own precedent is equally ill-advised. … Information cited by MADD established the extent to which adolescents are unable to appreciate the consequences of drinking.

Village of Oak Park v. Chicago & West Towns Railway Co.

325 Ill. 438 · Illinois Supreme Court · Apr 20, 1927

shall have been placed thereon, the surface of the finished pavement where it joins that part of said roadway occupied by street railway on each side of said street railway in said Lake street shall be two inches above the established … Ramson, who had been in the asphalt paving business for more than forty years and who qualified as an expert in such paving, testified for appellant concerning the various kinds of asphalt and the difference in the price

People ex rel. Morrison v. Cregier

138 Ill. 401 · Illinois Supreme Court · Oct 31, 1891

The petition, which was filed July 22, 1890, alleges that ' the defendant had been duly elected and qualified as mayor of said city and was then discharging the duties of said office ; that the relator was of good character … Such state of facts will almost necessarily result from any attempt to establish partial prohibition within the limits of any particular municipal corporation.

The People v. Deep Rock Oil Corp.

343 Ill. 388 · Illinois Supreme Court · Feb 18, 1931

construction applicable thereto is that each should receive a construction, if possible, which will give effect to all, as each is< supposed to speak the minds of the same law-makers, and the words used in each should be qualified … Before a court will override the judgment of a legislative body it must clearly appear that the judgment of such body is erroneous or that the discretion vested in the municipal authorities has been abused.

Commercial Union Assurance Co. v. Scammon

126 Ill. 355 · Illinois Supreme Court · Nov 15, 1888

What facts are established by the evidence the Appellate Court must find and certify, and its finding is conclusive. … The decision of the Appellate Court, on the facts, is clearly right, and its judgment will be affirmed. Judgment affirmed.

In re Andrew B.

Illinois Supreme Court · Feb 19, 2010

The trial court ordered respondent evaluated by a qualified examiner and scheduled a hearing on the matter. … This exception must be construed narrowly and established by a clear showing of each criterion. Alfred H.H., 233 Ill. 2d at 355.

Kronmeyer v. Buck

258 Ill. 586 · Illinois Supreme Court · Apr 19, 1913

While no promise of immunity was expressly made, yet it is perfectly cléar that both she and Kronmeyer were influenced by the understanding, which was clearly to be implied, that if the matter was adjusted satisfactorily … We recognize the full force of the well established rule that a failure of consideration for an executed conveyance of real estate gives the grantor no right, at law, to avoid his conveyance.

McCall v. Moss

112 Ill. 493 · Illinois Supreme Court · Sep 27, 1884

If the account belonged to firm No. 2 and 3, and the fact could be established, the court should have directed the master to take the evidence. … Whether this money belongs to the one or the other firm can certainly be clearly established by evidence, and as the decree will have to be reversed, the cause should be referred to the master in such a way as to permit all

Hinze v. People ex rel. Halbert

92 Ill. 406 · Illinois Supreme Court · Jun 15, 1879

The real contest here is in regard to the constitutionality of the “Act to establish a police force for the city of East St. Louis,” in force February 22, 1867, (Priv. … The third section establishes a board of police within and for the city of East St. Louis, to be called the “ Police Commissioners of the City of East St.

Better Government Association v. Illinois High School Ass'n

2017 IL 121124 · Illinois Supreme Court · May 18, 2017

¶ 32 We next address the BGA’s contention that an entity that qualifies as a “local public entity” under the Tort Immunity Act should also be considered a public body under the FOIA. … App. 3d 1065 (2005), the IHSA made several arguments in an effort to establish the operational control necessary to support its tort immunity.

People v. Clark

52 Ill. 2d 374 · Illinois Supreme Court · Oct 2, 1972

The jury was clearly not obliged to believe defendant’s alibi evidence (People v. … Defendant maintains that his conviction by a jury so qualified in this manner must be reversed.

County of Will v. Pollution Control Board

2019 IL 122798 · Illinois Supreme Court · Dec 10, 2019

. ¶ 41 To carry out that program, the Act created the Board as an independent body of five “technically qualified members.” 415 ILCS 5/5(a) (West 2016). … The party challenging the decision bears a heavy burden to establish that it was clearly arbitrary and capricious. Id.; People v.

Gunn v. Sobucki

216 Ill. 2d 602 · Illinois Supreme Court · Oct 6, 2005

Rejecting the circuit court’s interpretation of the statute, the appellate court reasoned that the decedent’s alleged failure to provide consideration would not qualify as an “event” within the meaning of the Act. … Our court, clearly, and without need for explanation, held that evidence of nonpayment to have been improperly admitted.

In Re Estate of Steinfeld

158 Ill. 2d 1 · Illinois Supreme Court · Jan 20, 1994

App. 3d 60, 63 , held that under section 11a — 20(a), the grandson of the ward "clearly had standing” to petition for revocation of the original order of conservatorship. … Both Joseph and Janet clearly had standing to appeal from the portion of the court’s order holding them in contempt.

People v. Brown

2020 IL 125203 · Illinois Supreme Court · Nov 19, 2020

In this case, in contrast, defendant never argued in the appellate court that he had established a bona fide doubt of his fitness. … Hanson explained: “The plain language of the motion clearly states that it sought to have defendant examined by an expert. It does not mention a fitness hearing.

Goodman v. Ward

Illinois Supreme Court · Mar 24, 2011

With the establishment and addition of subcircuits, disputes over residency requirements for subcircuit vacancies are likely to arise in future cases. … of fact and law for which the standard of review is “clearly erroneous.”

The People v. Bolton

365 Ill. 39 · Illinois Supreme Court · Dec 10, 1936

A reversal of the judgment and sentence is here sought principally on the grounds that the evidence did not establish the defendant’s guilt beyond a reasonable doubt, and that the imposition of the death penalty clearly shows … In order to establish a motive the People introduced evidence of disputes between Bolton and his wife as far back as 1928.

Pippin v. Chicago Housing Authority

78 Ill. 2d 204 · Illinois Supreme Court · Dec 3, 1979

Interstate argues that the "operative portion" of the instant contract expresses something which contradicts, qualifies, or derogates the preamble and its stated purpose of "protection of persons." … The legislature clearly established a duty to protect those lawfully on the Authority's premises. I share the Authority's concern that it has been given an "impossible" task by the legislature.