Case law

People v. Davis

Illinois Supreme Court · Oct 17, 1997

For this reason, the party challenging a statute bears the burden of clearly establishing the alleged constitutional violation. Johns , 153 Ill. 2d at 442 . … The registration requirement is part of a prophylactic administrative scheme designed “to provide a system of identifying persons who are not qualified to acquire or possess firearms.” 430 ILCS 65/1 (West 1994).

In re Parentage of Scarlett Z.-D.

2015 IL 117904 · Illinois Supreme Court · Apr 23, 2015

The court found that Scarlett “learned English and clearly came a long way over this time period under the watchful eyes and good parenting from both Jim and Maria.” ¶7 However, Maria and Jim never married. … Although it remains clear that only parents possess the constitutional right to control 5 An adoptive parent may establish the parent-child relationship also by records established pursuant

Fisher v. Lexington Health Care, Inc.

188 Ill. 2d 455 · Illinois Supreme Court · Dec 16, 1999

The Act also established certain responsibilities of nursing home facilities. 210 ILCS 45/2-201 through 2-212 (West 1996). … Being on this court does not confer immunity from age and enfeeblement. All of us may one day find ourselves confined to a nursing home under the care and control of hired caregivers.

Geiger v. Merle

360 Ill. 497 · Illinois Supreme Court · Apr 17, 1935

The Standard Trust and Savings Bank qualified as executor. … The suit clearly involved property and property rights not only under the conveyances but also under the ante-nuptial and trust agreements and specifically sought to have dower assigned and the conveyances and the trust agreement

People v. Willis

Illinois Supreme Court · Jun 3, 2005

For this reason, such jurisdictions will be immune from systematic challenges.” McLaughlin , 500 U.S. at 56 , 114 L. Ed. 2d at 62-63 , 111 S. Ct. at 1670 . … Ct. 1860, 1879 (1961) (“The ultimate test [for admissibility] remains that which has been the only clearly established test in Anglo-American courts for two hundred years: the test of voluntariness.

Orlak v. Loyola University Health System

228 Ill. 2d 1 · Illinois Supreme Court · Dec 28, 2007

While the phrase does not need to be construed so broadly as to encompass ‘but for’ causation, it clearly covers any injuries that have their origin in, or are incidental to, a patient’s medical care and treatment.” … In 1974, the hospital established a program to gather data and conduct research among those who had received the therapy.

Chicago v. Pooh Bah

Illinois Supreme Court · Oct 5, 2006

Under the foregoing authority, section 4–60–140(d) of the Municipal Code of Chicago, which prohibits nude entertainment in establishments licensed to sell alcohol by the drink, would clearly not be subject to challenge on … That standard has clearly been satisfied here.

People v. Robinson

217 Ill. 2d 43 · Illinois Supreme Court · Oct 20, 2005

1977), the question was whether a California statute, which provided that every county that issues building permits “shall” require all applicants for such permits to file a certificate of worker’s compensation insurance, qualified … However, because we have concluded that the identification was clearly admissible as a spontaneous declaration, we need not address that question.

People v. Lawton

212 Ill. 2d 285 · Illinois Supreme Court · Oct 7, 2004

Lahmeyer, “if you get into a diagnosis like NOS [not otherwise specified], approximately 50 percent of the people in this room would qualify for that; so that has the lowest validity and almost no clinical usefulness.” … Claims that this right has been denied are judged according to the two-prong, performance-prejudice test established in Strickland v. Washington, 466 U.S. 668 , 80 L. Ed. 2d 674 , 104 S. Ct. 2052 (1984). People v.

Kemp v. Division No. 241, Amalgamated Ass'n of Street & Electric Railway Employees of America

255 Ill. 213 · Illinois Supreme Court · Jun 21, 1912

Flood has been qualified, explained, and, as generally understood, has been overruled in England. In Quinn v. Leatham, (1901) A. … The qualifications and standard of admission of that organization were lower than those of the other, and the objection was to working with men not qualified according to the standard of the objecting organization.

People v. Moss

205 Ill. 2d 139 · Illinois Supreme Court · Oct 18, 2001

Jonathan Pincus was qualified as an expert in neurology. Pincus interviewed defendant and reviewed various records and reports regarding defendant’s condition. … The plain language of section 5 — 2(c) clearly states that a person may be held legally accountable for the conduct of another if he “solicits, aids, abets, agrees or attempts to aid” another in the planning or commission

People v. Ashford

121 Ill. 2d 55 · Illinois Supreme Court · Feb 11, 1988

He testified that the State’s Attorney had agreed to dismiss the charge and grant him immunity from prosecution for anything he might testify to so long as his testimony was truthful and consistent with the statement he gave … The record of Greg’s testimony before the grand jury clearly shows that Greg did in fact testify that the defendant had stated that he had come from “a shoot-out” at Davis’ home.

People v. Urdiales

225 Ill. 2d 354 · Illinois Supreme Court · May 29, 2007

Dietz testified that anger was the “one clearly provable element that impaired [defendant’s] judgment.” … Although defendant’s brief does not acknowledge that this provision was in effect at the time of his trial in May of 2004, it clearly was in effect as of November 19, 2003.

People v. Bonilla

427 Ill. Dec. 863 · Illinois Supreme Court · Oct 18, 2018

Clearly, the hallway is not “an area adjacent to the home *** to which the activity of home life extends.” … It was clearly an essential part of the disposition.

People Ex Rel. Mathews v. Board of Education

349 Ill. 390 · Illinois Supreme Court · Jul 26, 1932

The facts as alleged in the petition and admitted by the demurrer are, that the relator, Winifred Mathews, is, and since 1927 has continuously been, a duly qualified and appointed teacher in the public schools in the city … Where two statutes are enacted which have relation to the same subject, the earliest continues in force unless the two are clearly inconsistent with and repugnant to each other or unless in the latest statute some express

People v. Lozano

226 N.E.3d 1246 · Illinois Supreme Court · Sep 21, 2023

The lead opinion concluded that defendant’s actions qualified as “ ‘strange behavior,’ ” which supported a finding of reasonable suspicion sufficient to justify the initial Terry stop. Id. … officer is justified in believing that the individual whose suspicious behavior he is investigating at close range is armed and presently dangerous to the officer or to others, it would appear to be clearly

Hulicik v. Scovil

9 Ill. 159 · Illinois Supreme Court · Dec 15, 1847

That the grantee or some one claiming under his title has been a party to such litigation, for the purpose of establishing such title. … showing it depends not upon the questions involved in the case at bar, but upon the doctrine peculiar to voluntary settlements, that if they are fairly made are always binding in Equity upon the grantor, unless it appear clearly

In re Karavidas

2013 IL 115767 · Illinois Supreme Court · Dec 23, 2013

The record clearly demonstrates that respondent did not inform his mother, who was a beneficiary under the will and trust, of his repeated taking of loans from the estate. … 106 The majority holds that, although respondent breached his fiduciary duty in no less than four distinct ways while serving as the executor of his late father’s $700,000 estate, he nevertheless is immune

People v. Spencer

264 Ill. 124 · Illinois Supreme Court · Jun 16, 1914

Counsel for plaintiff in error contend that the court erred in admitting the testimony of the coroner and certain doctors because it was not shown that they were qualified as experts, and also erred as to admitting certain … Whenever the question of sanity is put in issue by facts coming from either side which may raise a doubt of the defendant’s sanity, it then devolves upon the People to establish his sanity. (Montag v.

People v. Rissley

206 Ill. 2d 403 · Illinois Supreme Court · Jun 19, 2003

Indeed, Hedrich conceded that he did not feel qualified to represent a capital litigant because he lacked experience in the area. … Given these facts, defendant has not established the prejudice required under Strickland.