Case law

Wilson v. County of Cook

360 Ill. Dec. 148 · Illinois Supreme Court · Apr 5, 2012

permeates the text of section 54-211(1). ¶ 30 Plaintiffs further allege that several of the specific enumerated characteristics such as "barrel shroud" or "protruding grip" are vague generic features that would potentially qualify … If the government can establish that the challenged law regulates activity falling outside the scope of the second amendment right, then the regulated activity is categorically unprotected.

In re Commitment of Fields

10 N.E.3d 832 · Illinois Supreme Court · May 22, 2014

According to respondent, because he “was under the requisite age to qualify for a diagnosis of pedophilia” at the time of the 2000 offense, the State failed to establish that he has a mental disorder. … ¶ 40 The record clearly establishes that respondent did not ask the court for an adjournment or a continuance of the dispositional hearing.

Marconi v. Chicago Heights Police Pension Board

225 Ill. 2d 497 · Illinois Supreme Court · May 29, 2007

At best, it seems, [plaintiff] has some impediments, but medical practitioners simply cannot agree if they rise to the level necessary to qualify for a disability award under the Pension Code. … “An administrative agency decision is against the manifest weight of the evidence only if the opposite conclusion is clearly evident.” Abrahamson v.

People v. Wilmington

2013 IL 112938 · Illinois Supreme Court · Mar 14, 2013

As in Thompson (see Thompson, 238 Ill. 2d at 615), defendant has not established that the trial court’s violation of Rule 431(b) resulted in a biased jury. … Clearly, he is not exposing himself to “potential criminal liability which he might otherwise avoid.”

People v. Lopez

Illinois Supreme Court · Oct 17, 2003

On appeal, the appellate court reversed, finding that the record did not establish a compelling need for the examination, and remanded the cause for a hearing on the issue. 328 Ill. App. 3d 563 . … While it may be possible for an expert to form an opinion regarding rape trauma syndrome based only on a review of reports and trial testimony, this is clearly not the preferred method.

Avery v. State Farm Mutual Automobile Insurance

216 Ill. 2d 100 · Illinois Supreme Court · Aug 18, 2005

Plaintiffs have failed to establish damages. a. … A due process violation is clearly established where the method for determining damages has the potential to increase a defendant’s aggregate liability by as much as $1 billion over what is warranted. See Bell, 115 Cal.

People v. Williams

Illinois Supreme Court · Jul 15, 2010

Pasch, we explained: “ ‘While the contents of reports relied upon by experts would clearly be inadmissible as hearsay if offered for the truth of the matter asserted, an expert may disclose the … Additionally, documents prepared in the regular course of equipment maintenance may well qualify as nontestimonial records.” (Emphasis omitted.) Melendez-Diaz, 557 U.S. at ___ n.1, 174 L.

Barrall v. Board of Trustees of John A. Logan Community College

450 Ill. Dec. 635 · Illinois Supreme Court · Dec 17, 2020

workplace that operates under a seniority system, workers with greater seniority whose jobs are abolished have the right to displace (or bump) workers with less seniority from a position for which both are qualified … As the appellate court correctly observed, employees with seniority “clearly have more seniority than employees with no seniority.” (Emphasis in original.) 2019 IL App (5th) 180284, ¶ 12.

Administrative Office of the Illinois Courts v. State & Municipal Teamsters, Chauffeurs & Helpers Union, Local 726

167 Ill. 2d 180 · Illinois Supreme Court · Oct 19, 1995

Applying the State Board’s own test for determining the identity of an employer, we conclude that this court would clearly be a necessary party to any bargaining relationship involving the court reporters. … This court has explained: "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. Coleman

168 Ill. 2d 509 · Illinois Supreme Court · Nov 2, 1995

The evidence clearly establishes that defendant kidnapped the young victim and that defendant was present at the location where the victim’s body was discovered with her hands and chest bound and a cable wrapped around her … Death-Qualified Jury Defendant contends that it was improper to allow “death qualification” of the jury.

People Ex Rel. American Bankers Insurance v. Palmer

363 Ill. 499 · Illinois Supreme Court · Apr 24, 1936

The defendant is the duly appointed, qualified and acting Director of Insurance of this State, and as such director he is under the statutory duty to “annually make valuations of all outstanding policies, additions thereto … He called attention to the fact that the acceptance of the proposal was purely voluntary on the part of each individual policyholder, and stated that it was his belief that its purpose and manner of operation were clearly

People v. Gutman

355 Ill. Dec. 207 · Illinois Supreme Court · Dec 1, 2011

Five members of the court clearly and explicitly rejected this proposition. … Moreover, the dissent did not believe that Congress could have wanted to immunize successful criminal enterprises during those periods when they are "operating temporarily in the red."

In Re Commitment of Simons

213 Ill. 2d 523 · Illinois Supreme Court · Dec 16, 2004

The decision as to whether an expert scientific witness is qualified to testify in a subject area, and whether the proffered testimony is relevant in a particular case, remains in the sound discretion of the trial court. … Similarly thorough analyses can be found in the following decisions, all of which rely upon some combination of expert testimony, academic literature, and the nationwide jurisprudential consensus that clearly exists on this

People v. Lane

231 N.E.3d 117 · Illinois Supreme Court · Oct 19, 2023

ANALYSIS ¶ 10 Lane argues on appeal that the murder of a pregnant woman resulting in the death of her unborn fetus does not qualify as the murder of more than one victim within the meaning of section … The majority claims that the circuit court’s judgment in the present case conflicts with Kuchan, but that clearly is not the case where the Kuchan court offers no discussion or analysis of this issue.

People v. Fair

159 Ill. 2d 51 · Illinois Supreme Court · Mar 24, 1994

is found to be clearly erroneous. … Section 9 — 1(b)(7) specifically describes the conduct which qualifies an accused for the death penalty and is not susceptible to arbitrary application. (Odie, 128 Ill. 2d at 140.)

People v. Pulliam

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's … 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.

People Ex Rel. Thomas v. Nixon

353 Ill. 556 · Illinois Supreme Court · Oct 21, 1933

It is an established rule in the interpretation of statutes that the intention of the law-giver must be deduced from a view of the whole and of every part of the act under consideration taken and compared together. … The court may not, in order to give effect to particular words, virtually destroy the meaning of the entire context or, otherwise expressed, it may not give the particular words a significance which would be clearly repugnant

McCormick v. Blaine

345 Ill. 461 · Illinois Supreme Court · Oct 23, 1931

It must be borne in mind that so far as questions of jurisdiction are concerned a difference exists in proceedings dealing with a status once established and proceedings to establish such status. … Chapter 86 is clearly intended to apply to persons residing within or without this State who have property in this State.

People v. Kidd

Illinois Supreme Court · Dec 19, 1996

On appeal, the defendant renews his contention that the witness was not qualified to provide an assessment of his personality. We do not consider here whether Mrs. … We believe the evidence in this case was sufficient to establish the defendant's guilt for armed robbery.

City of Chicago v. Holland

Illinois Supreme Court · Jun 19, 2003

Chicago airports; and (3) that if the 1995 amendment to the Auditing Act were interpreted to require a general audit of the use of funds in connection with the operation of Chicago’s airports, including funds that do not qualify … A party challenging a statute has the burden of rebutting that presumption and clearly establishing a constitutional violation. Flynn v. Ryan , 199 Ill. 2d 430, 436 (2002).