Case law
Opinions from 1658 to today.
2,990 results
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159 Ill. 2d 436 · Illinois Supreme Court · Jul 28, 1994
JUSTICE McMORROW, dissenting: I dissent because I believe defendant has established that he was denied fundamental due process of law. … The party who offers a witness as an expert bears the burden of establishing his or her qualifications (People v.
Cited 8 timesPublished276 Ill. 304 · Illinois Supreme Court · Dec 21, 1916
Plaintiff in error failed utterly to establish his alibi,—that is, that he was not in Hillery when the murders were committed,— by his witnesses offered to corroborate his own testimony. … At first he identified the prisoner positively but later qualified his identification.
Cited 37 timesPublishedPeople v. Floyd F. (In Re N.G.)
425 Ill. Dec. 547 · Illinois Supreme Court · Aug 9, 2018
The underlying conduct was constitutionally immune from punishment. United States v. United States Coin & Currency, 401 U.S. 715, 724 (1971). … We recognize only those remedies clearly embedded in our statutes and common law.
Cited 62 timesUnpublished218 Ill. 2d 1 · Illinois Supreme Court · Nov 17, 2005
Stabler denied having an agreement with the State for leniency, but said he had received immunity for assisting an investigation in another case. … The decision to impose the death penalty was clearly the result of overwhelming aggravating evidence. VI.
Cited 65 timesPublished457 Ill. Dec. 719 · Illinois Supreme Court · Mar 18, 2021
Fuller, 205 Ill. 2d 308, 323 (2002) (“Substantial compliance with Rule 402 is sufficient to establish due process.”); People v. … Unlike subsection (e), where the legislature included an additional reference to “any later court date,” subsection (c), like subsections (b) and (d), contains no such qualifying language giving it broad
Cited 42 timesPublished196 Ill. 2d 318 · Illinois Supreme Court · May 24, 2001
As an initial matter, we note that the appellate court in Savage approached the recovery proceeding from the perspective that the defendant had the burden to establish that he had recovered from his sexual affliction and … Nonetheless, although the statute provides that two qualified psychiatrists shall be appointed to examine the defendant, there is no requirement that both psychiatrists shall testify; testimony of one may provide a prima
Cited 95 timesPublishedPorter v. Rockford, Rock Island & St. Louis Railroad
76 Ill. 561 · Illinois Supreme Court · Jan 15, 1875
It is next argued that it clearly appears that the words “capital stock,” as used, were intended to describe the property of the shareholders, because: First. … Salomon, 46 Ill. 334 , it was held that the act to amend the revenue laws, and establish a State Board of Equalization, approved March 8, 1867, was constitutional.
Cited 90 timesPublished301 Ill. 307 · Illinois Supreme Court · Dec 22, 1921
It is .argued by counsel for plaintiff in error that in no instance was the testimony of these witnesses for the People based upon anything that qualified them to testify. … There was a time when the state of the judicial precedents was such that no established exception of this tenor could yet be said to exist. * * * Since the courts actually do admit a class of statements to which prohibition
Cited 64 timesPublished191 Ill. 2d 438 · Illinois Supreme Court · Jun 15, 2000
Counsel was concerned about defendant’s prior conviction because, in that case, defendant himself clearly fired the shots into the victim. … The standard for assessing whether an attorney’s performance at a capital sentencing hearing was constitutionally deficient is well established.
Cited 12 timesPublishedSolon v. Midwest Medical Records Association, Inc.
Illinois Supreme Court · Mar 18, 2010
To qualify for an interlocutory appeal under Supreme Court Rule 308 (155 Ill. 2d R. 308), a certified question must present an issue of law that is reviewable de novo. Townsend v. … In this case, there is an abundance of legislative history, which clearly demonstrates the legislative intent.
Cited 0 timesPublished235 Ill. 2d 97 · Illinois Supreme Court · Sep 24, 2009
The objection was overruled, and Keith was qualified as an expert in both latent print and fabric pattern impression identification. … Harkey fall within the bounds of the rule established in Wilson, and we have routinely held that this type of underlying data does not amount to hearsay.
Cited 184 timesPublished51 N.E.3d 794 · Illinois Supreme Court · May 19, 2016
Davis, 199 Ill. 2d 130, 141 (2002) (holding a BB/pellet gun did not qualify as a ‘bludgeon’ under the armed violence statute); see also People v. Myers, 101 Ill. … Here, although the position taken by the State at trial was clearly factual, its position before the court in postconviction proceedings was one of law.
Cited 6 timesUnpublishedMcIntosh v. Walgreens Boots Alliance, Inc.
2019 IL 123626 · Illinois Supreme Court · Dec 10, 2019
A legislative intent to alter or abrogate the common law must be plainly and clearly stated. Id. … This public policy was established by the legislature in enacting the Consumer Fraud Act.
Cited 47 timesPublished2019 IL 123910 · Illinois Supreme Court · Oct 18, 2019
All statutes are presumed to be constitutional, and the party challenging a statute’s constitutionality bears the burden of clearly establishing its invalidity. Id. … The circuit court’s conclusion is clearly wrong.
Cited 22 timesPublishedIllinois Supreme Court · Oct 17, 2008
The passage from Gomez cited by District 204 went on to include the 7th Circuit’s holding, which was that “Congress intended to abrogate the states’ Eleventh Amendment immunity to the extent such immunity would foreclose … Clearly, this land in question will be used for development purposes.
Cited 0 timesPublishedThe People Ex Rel. Schlaeger v. Reilly Tar & Chemical Corp.
389 Ill. 434 · Illinois Supreme Court · Jan 17, 1945
Between the words “Motor trucks” and “at established rates” were inserted the words “tractors, trailers and other equipment.” … These appropriations are clearly within expenses incurred either for apparatus or “all other necessary incidental expenses.” The fifteenth and last item, “Window Shade Repairs,” bears the designation “3-R-625.”
Cited 25 timesPublished97 Ill. 2d 252 · Illinois Supreme Court · May 27, 1983
The latter situation clearly is within this court’s understanding of the statute considered in Brownell. … The record clearly reflects the fact that severe bodily injury was in fact inflicted.
Cited 243 timesPublished114 Ill. 2d 376 · Illinois Supreme Court · Oct 17, 1986
establish cause under the section. … The court said that a decision was needed that day because there were already impaneled “14 jurors who have been qualified.”
Superseded by statute, as recognized in People v. MercadoCited 126 timesPublished181 Ill. 2d 359 · Illinois Supreme Court · Feb 20, 1998
Although the appellate panel acknowledged that Rule 604(d) clearly “contemplates that the certificate be filed prior to the hearing on a postplea motion,” the panel nonetheless rejected defendant’s argument that the tardy … Consequently, defendant contends, strict compliance with Rule 604(d) has not been established in the record and he must be granted another remand to permit a further opportunity to file for a reduction in sentences.
Cited 112 timesPublishedMerchants' Loan & Trust Co. v. Patterson
308 Ill. 519 · Illinois Supreme Court · Jun 20, 1923
This interest of the grantor, Stewart Patterson, was an equitable fee,— the sole equitable ownership, — qualified in only one particular. Before executing the deed of trust his estate was a fee simple, indefeasible. … If the intention may be clearly \ inferred by just implication it will make the execution valid and operative.
Cited 24 timesPublished
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