Case law

People v. Jones

214 Ill. 2d 187 · Illinois Supreme Court · Feb 3, 2005

In sum, by 1986, the Vehicle Code clearly did not provide a right to refuse chemical testing. … This interpretation of section 11-501.2(c)(2) is consistent with well-established principles of statutory interpretation.

City of Geneseo v. Illinois Northern Utilities Co.

378 Ill. 506 · Illinois Supreme Court · Nov 24, 1941

To this extent, and this extent only, has the principle established in the above cases become stare decisis. … If the legislature intended to deprive cities and villages of the right to construct pavements by special assessment in streets over which a State bond issue road passes, undoubtedly it would have clearly and positively expressed

Glover v. Condell

35 L.R.A. 360 · Illinois Supreme Court · Nov 10, 1896

Clearly, in the grammatical construction of the sentence, the words, “the same,” refer back to the words: “their share of my estate,” that is to say, to the principal of the share of the deceased child. … The construction of the words of the gift over in the case at bar as importing a definite failure of issue is supported not only by the use of the qualifying word, “living,” but also by the fact, that the share of any one

People v. Swenson

450 Ill. Dec. 116 · Illinois Supreme Court · Jun 18, 2020

United States, 394 U.S. 705, 707 (1969) (per curiam) (explaining that a statute that “makes criminal a form of pure speech must be interpreted with the commands of the First Amendment clearly in mind. … Because defendant’s statements do not qualify as a true threat, they do not fall into the exception and are not excluded from first amendment protection.

People v. Lego

116 Ill. 2d 323 · Illinois Supreme Court · Feb 20, 1987

Ct. 385 , for well-established reasons which need not be repeated here, protects from discovery the mental processes of an attorney in the preparation of his client’s case. … Brownell is clearly distinguishable. In Brownell, the defendant was convicted of intentional murder, aggravated kidnaping and rape.

People v. Nitti

312 Ill. 73 · Illinois Supreme Court · Apr 14, 1924

It is intended that only persons qualified by learning, intellectual capacity and good moral character shall be permitted to defend in a court of justice the life or liberty of a person charged with crime. … He saw the body taken from the catch-basin and was present at the undertaking establishment when an examination was made of the body and the clothing.

Winter v. Barrett

352 Ill. 441 · Illinois Supreme Court · May 10, 1933

criminal penalty for, or on account of, any transaction made or thing concerning which he may testify or produce evidence, documentary or otherwise, before the department, or an officer or employee thereof; Provided, that such immunity … The title clearly expresses that the subject matter of the act is a tax on persons engaged in the business of selling tangible personal property at retail.

People v. Sharpe

Illinois Supreme Court · Oct 6, 2005

To overcome this presumption, the party challenging the statute must clearly establish that it violates the constitution. People v. Malchow , 193 Ill. 2d 413, 418 (2000). … Davis , 177 Ill. 2d 495 (1997), which established cross-comparison analysis in its current form.

City of Decatur v. American Federation of State, County, & Municipal Employees, Local 268

122 Ill. 2d 353 · Illinois Supreme Court · Mar 30, 1988

To allow the adoption of a civil service system to eliminate an employer’s obligation to bargain over disciplinary matters would clearly limit an employer’s duty to bargain collectively. … To prevent that, the appellate court held that local ordinances do not qualify as “other laws” under the accommodation provision of section 7.

People v. Banks

237 Ill. 2d 154 · Illinois Supreme Court · May 24, 2010

Robert Smith, a clinical psychologist, testified on behalf of defendant and was qualified as an expert in the field of psychology with a specialty in chemical dependency. … Clearly, defendant’s trial counsel agreed with that assessment.

Illinois Road and Transportation Builders Ass'n v. County of Cook

461 Ill. Dec. 431 · Illinois Supreme Court · Apr 21, 2022

Specifically, the I.C.S. court held: - 10 -  “a plaintiff cannot establish standing to challenge the result of a bidding competition without establishing … Clearly, subsection (b) provides a list of permissible ways in which transportation funds may be expended. Subsection (b) contains two sentences.

People ex rel. Woodyatt v. Thompson

155 Ill. 451 · Illinois Supreme Court · Apr 2, 1895

But there are other requirements contained in the section of the constitution above quoted, respecting the apportionment of the State, which, as qualified and made subject to the definitely expressed limitations above mentioned … extent, then ■the statute would be clearly unconstitutional.

Ely v. Brown

183 Ill. 575 · Illinois Supreme Court · Dec 18, 1899

Therefore, the caption, and the first paragraph of the certificate of the surveyor, must be qualified by the statement that the plat contains a correct representation of the survey. … Whether Ely had fences on the north and west sides of lot 15, on which his house stood, does not clearly appear.

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.

People v. Wright

56 Ill. 2d 523 · Illinois Supreme Court · Mar 29, 1974

opinion of the court: The defendant, Nathan Wright, was convicted on charges of conspiracy, attempted armed robbery of a Thillens check-cashing truck, and murder, in the circuit court of Cook County, by a jury which had been qualified … This testimony also must be tested against the rule pertaining to the inadmissibility of hearsay evidence, although its existence was clearly inferred.

Zimmerman v. Buchheit of Sparta, Inc.

164 Ill. 2d 29 · Illinois Supreme Court · Nov 23, 1994

the doctrine first enunciated in Kelsay , "an employer could take extraordinary measures, e.g., demote a Vice President to a stock person, or reduce an employee's hours from 40 per week to 1 hour per week, with complete immunity … We do not also need to find personal fault with the parties or establish some shortcoming on the part of their attorneys in order to justify our position.

People v. House

141 Ill. 2d 323 · Illinois Supreme Court · Dec 20, 1990

Defendant’s motion for discovery did not clearly request the notes. … Jones’ affidavit, which counsel appended to his motion for a new trial, clearly established what common sense otherwise dictated: due to her severe and extensive burns, Brooks was “nervous, upset, excited, distraught, restless

In Re Topper

135 Ill. 2d 331 · Illinois Supreme Court · Mar 22, 1990

The government official was eventually convicted of extortion and the attorneys testified against him pursuant to a grant of immunity. … established.

Altevogt v. Brinkoetter

85 Ill. 2d 44 · Illinois Supreme Court · Mar 31, 1981

Apart from that consideration, we do not believe that Hinton’s knowledge that a third party would occupy the house establishes that the plaintiffs were direct beneficiaries. A similar contention was rejected in Rozny v. … The court held that the purchasers would qualify as third-party beneficiaries if the purpose of the appraisal was to enable the purchasers to obtain financing which would permit the vendors to receive a price high enough

People v. Brown

444 Ill. Dec. 612 · Illinois Supreme Court · Apr 2, 2020

We reiterate that when a court holds a statute unconstitutional as applied, that holding must be based on an established factual record. … Again, I’m not arguing that the FOID Card Act is facially invalid, that it’s unconstitutional as a whole, but I think as to this kind of person in their home who otherwise qualifies for a card, they should