Case law

The People v. Marsh

403 Ill. 81 · Illinois Supreme Court · Mar 24, 1949

After the jurors qualified in this respect, they were accepted by the defendant and were kept together throughout the trial. Defendant cites the case of Paschen v. … It is a well-established rule that where the evidence clearly demonstrates the killing was murder, an instruction authorizing manslaughter is erroneous. (People v. DeRosa, 378 Ill. 557 ; People v.

People v. Thompkins

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.

Clark v. People

224 Ill. 554 · Illinois Supreme Court · Dec 22, 1906

Clearly, from these decisions this court, as well as the legal profession, has construed this section, as did the trial court in this case, to mean that when death resulted either from an abortion or an attempt to produce … Howard, 3 Sumner, 12, that mere surplusage will not vitiate an indictment and need not be established in proof. (State v. Bailey, 31 N. H.—11 Eost.—521.)

People v. Christiansen

116 Ill. 2d 96 · Illinois Supreme Court · Feb 20, 1987

While this may be true, this argument clearly goes to the propriety of defendant’s death sentence rather than to the issue of his guilt or innocence. … We believe that the record clearly refutes defendant’s contention that the court refused to consider his alcoholism as a possible mitigating factor.

Mauvaisterre Drainage & Levee District v. Wabash Railway Co.

299 Ill. 299 · Illinois Supreme Court · Oct 22, 1921

It is contended by counsel for appellant that the evidence in the record shows clearly that the natural surface of the land upon which appellant’s right of way is located at this point is the dominant heritage, while counsel … But when the-owners of the dominant heritage, with the acquiescence of the servient owners, have diverted the water from its natural course and established an artificial channel, through which water has had an unvexed and

Watkins v. Schmitt

172 Ill. 2d 193 · Illinois Supreme Court · Apr 30, 1996

Rankin stated that, clearly, the school bus would have blocked the vision of both the driver of the cement truck and the driver of the Escort. … To deny the supplementation of such testimony with the testimony of a qualified scientific expert interferes with the truthseeking function of a trial. Accordingly, I specially concur and dissent as noted.

O'Hare v. Johnston

273 Ill. 458 · Illinois Supreme Court · Jun 22, 1916

After the will was duly ’ probated, the executors qualified, and the bonds mentioned in said fourth clause were delivered to the St. Louis Union Trust Company, as directed therein. The daughter, Hazel, married Joseph H. … Clearly, under the wording of this will the gift of the income of the trust fund to the children was vested.

City of Chicago v. O'Connell

278 Ill. 591 · Illinois Supreme Court · Apr 19, 1917

The street railways of the city of Chicago are clearly within the provisions of the act which give the commission power to malee the order involved in this case. … Where a party devotes his property to a public use, the community at large acquire such a qualified interest as will subject it to legislative control for the common welfare.

People v. Johnson

238 Ill. 2d 478 · Illinois Supreme Court · Oct 21, 2010

Having determined that defendant's forfeited claim does not qualify for plain-error review under either prong, we hold that there is no basis to excuse its forfeiture. … These notes clearly indicate that the jury had serious concerns about this case and were troubled about the ramifications of its decision.

People v. P.S.

175 Ill. 2d 79 · Illinois Supreme Court · Jan 30, 1997

I believe that the forfeiture which the state effected here clearly put defendant in jeopardy for an offense that was the same as that for which he was later prosecuted. … I am also not persuaded by the majority's assertion that "important nonpunitive goals" of the instant forfeiture immunize it from constitutional challenge under double jeopardy principles. See slip op. at 6.

People v. Brown

2020 IL 124100 · Illinois Supreme Court · Apr 7, 2021

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

People v. Austin

2019 IL 123910 · Illinois Supreme Court · Nov 2, 2020

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.

People v. Sutherland

155 Ill. 2d 1 · Illinois Supreme Court · Dec 4, 1992

Further, it is untenable to think that in our society — one that expects and relies upon the immediate transfer of information— that any qualified juror would have remained oblivious to events of local or international interest … Even assuming that defendant can meet the first prong of the Strickland analysis, defendant clearly fails to satisfy the second part of the test.

City of Chicago v. StubHub, Inc.

366 Ill. Dec. 43 · Illinois Supreme Court · Oct 6, 2011

Clearly, the amusement tax pertains to the City’s government and affairs. … Again, this section very clearly establishes three things for laws enacted after January 12, 1977: (1) if the legislature intends to preempt home rule authority in its entirety, it will include specific language

People v. Geever

122 Ill. 2d 313 · Illinois Supreme Court · Mar 23, 1988

In examining the constitutional considerations involved in a State statute prohibiting the simple possession of obscene materials in the home, the Court stated: “It is now well established that the Constitution protects the … This was made clear in Stanley by language which clearly limited the Court’s holding to the facts of the case: “What we have said in no way infringes upon the power of the State or Federal Government to make possession of

Snell v. Weldon

239 Ill. 279 · Illinois Supreme Court · Feb 19, 1909

It released the balance due on a claim against the estate of the father of the three grandchildren; set apart $1500 to take care of the cemetery lot; modified some other clauses and defined more clearly the directions to … The existence of improper relations with a legatee would be no reason whatever for setting aside the will, and would not, of themselves, establish undue influence. (Smith v. Henline, 174 Ill. 184 .)

People v. Henderson

142 Ill. 2d 258 · Illinois Supreme Court · Nov 30, 1990

In order to establish a Batson claim, a defendant has to first establish a prima facie case by showing that he is a member of a cognizable racial group and that the prosecution exercised peremptory challenges to exclude from … Dinguss’ psychosocial evaluation and testimony, not the subsequent letter of a psychiatrist who was never qualified as an expert.

Pape v. Byrd

145 Ill. 2d 13 · Illinois Supreme Court · Sep 26, 1991

The remaining counts also sought to establish a constructive trust, for the benefit of the class, of funds being administered by the guardian of Simpson’s estate. … While the letter is not in the record, Pape’s testimony as to its contents clearly reveals that she had knowledge, or at least professed to have knowledge, in 1987, that Simpson lacked the mental capacity to have entered

People v. Brownell

79 Ill. 2d 508 · Illinois Supreme Court · Mar 21, 1980

Stat. 1977, ch. 38, par. 9 — 1(b)(7)),—was not established in this case. … The burden of proof of establishing the existence of any of the factors set forth in Subsection (b) [aggravating factors] is on the State and shall not be satisfied unless established beyond a reasonable doubt.

McDunn v. Williams

156 Ill. 2d 288 · Illinois Supreme Court · Aug 26, 1993

Moreover, ballots have a box clearly marked on the front for the judge's initials. … Clearly, the Election Code contemplates that such matters will be determined expeditiously.