Case law

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  • People v. Gray

    91 N.E.3d 876 · Illinois Supreme Court · Sep 21, 2017

    Yet Williams’s testimony in this regard was tentative, and she qualified her account of Carthron’s statement with the phrase “I believe it was.” … Statutes are presumed constitutional, and the party challenging the constitutionality of a statute has the burden of clearly establishing its invalidity.

    Cited 492 timesPublished
  • In Re Marriage of Logston

    103 Ill. 2d 266 · Illinois Supreme Court · Sep 20, 1984

    Since Eugene’s social security, pension, and disability insurance benefits are clearly listed in the statute, we must decide whether the language protects against a contempt order issued to enforce a maintenance obligation … The word “judgment” in section 12 — 1001 may reflect an intent that exempt property be immunized only from particular proceedings that are used to enforce an unpaid judgment.

    Cited 329 timesPublished
  • People v. Simpson

    25 N.E.3d 601 · Illinois Supreme Court · Jan 23, 2015

    The statute does not answer whether the making of the statement qualifies as an event. … And this would be especially so to the extent that any promises of leniency or immunity induced their testimony.

    Cited 93 timesUnpublished
  • Illinois Central Railroad v. Illinois Commerce Commission

    387 Ill. 256 · Illinois Supreme Court · May 16, 1944

    The courts will not set aside an order of the commission unless it is arbitrary or unreasonable or clearly violates some rule of law. … On that fact being satisfactorily established, the presumption of reasonableness is rebutted.

    Cited 13 timesPublished
  • In Re Madsen

    68 Ill. 2d 472 · Illinois Supreme Court · Oct 5, 1977

    There is no authority to grant immunity to witnesses. While this term was not employed, J ancovic and Joost, by conceding their guilt under count I, got off with “no discipline.” … Admittedly due process is an ancient and well-established doctrine. In In re Ruffalo (1968), 390 U.S. 544 , 20 L. Ed. 2d 117 , 88 S. Ct. 1222 , an attorney was disbarred on a charge not originally made.

    Cited 7 timesPublished
  • People v. Cummings

    2014 IL 115769 · Illinois Supreme Court · Apr 25, 2014

    He was looking for Pearlene Chattic and he clearly can see this is not Pearlene Chattic. … Id. ¶ 14 The legal principles that guide our analysis in this case are familiar and well-established.

    Cited 14 timesPublished
  • Miller v. Rowan

    251 Ill. 344 · Illinois Supreme Court · Oct 25, 1911

    Robert Rowan owned the south-west quarter of section 29, and he clearly attempted to dispose of the 160 acres by his will, but the scrivener wrote “south-west quarter” once too often in each clause of the will. … So a departure from established modes of procedure will often render the judgment void.

    Cited 52 timesPublished
  • People Ex Rel. Giannis v. Carpentier

    30 Ill. 2d 24 · Illinois Supreme Court · Jan 4, 1964

    JUSTICE SOLFISBURG delivered the opinion of the court: This is an original petition for writ of mandamus brought by Gus Giannis, a qualified voter, against the State Electoral Board seeking to compel the Board to require … Whatever may be the case as to the Senate, the constitution clearly directs decennial redistricting of the House of Representatives. The concurrence of both the Senate and the House is essential to any redistricting.

    Cited 9 timesPublished
  • American Civil Liberties Union v. City of Chicago

    3 Ill. 2d 334 · Illinois Supreme Court · May 24, 1954

    We may say at once that we do not regard that decision as having completely immunized “The Miracle” against censorship. … This view appears to be implicit in the decisions which justify obscenity on the ground of social realism and the like, as well as in the so-called “statute of limitations” enjoyed by established classics.

    Cited 53 timesPublished
  • Hobbs v. Hartford Ins. Co. of the Midwest

    214 Ill. 2d 11 · Illinois Supreme Court · Jan 21, 2005

    In the absence of other qualifying language in the antistacking clause, “[t]here would be little to suggest in such a listing that the parties intended that coverage was to be limited to that provided for only one of the … No. 98309 — Judgment reversed. 1 Our discussion of Bruder and Yates should not be construed as establishing a per se rule that an insurance polity will be deemed ambiguous as to the limits of liability anytime the limits

    Cited 330 timesPublished
  • Orlak v. Loyola University Health System

    Illinois Supreme Court · Dec 28, 2007

    In 1974, the hospital established a program to gather data and conduct research among those who had received the therapy. … Clearly, what the majority is saying is that, absent the blood transfusion, plaintiff would have no claim for an alleged duty to notify.

    Cited 0 timesPublished
  • People v. Grever

    Illinois Supreme Court · Jun 2, 2006

    .@ According to the appellate court, the fact that the legislature did not qualify the word Aindebtedness@ in subparagraph (v) to indicate by whom or to whom the indebtedness is owed, as was done in subparagraphs (ii) and … The record establishes that defendant knew that his wife had not reimbursed the township for her mother=s nursing home care, yet disclosure was not made to the township board until defendant=s acrimonious dissolution of marriage

    Cited 0 timesPublished
  • Wade v. City of North Chicago Police Pension Board

    226 Ill. 2d 485 · Illinois Supreme Court · Nov 1, 2007

    “An administrative agency decision is against the manifest weight of the evidence only if the opposite conclusion is clearly evident.” Abrahamson v. … Department of Revenue, 168 Ill. 2d 247, 254 (1995)), and a mixed question of law and fact is reviewed under the clearly erroneous standard (Marconi, 225 Ill. 2d at 532 ).

    Cited 213 timesPublished
  • Stevens v. Shannahan

    160 Ill. 330 · Illinois Supreme Court · Jan 20, 1896

    He died there, intestate, on or about August 14, 1881, and forthwith his widow, Lydia Stevens, was by the probate court of said Kalamazoo county appointed administratrix of his estate, and she qualified as such under the … The presumption of the law, before inquest found, is in favor of sanity, and the burden of establishing insanity is upon the party alleging it. Titcomb v. Vantyle, 84 Ill. 371 .

    Cited 4 timesPublished
  • People v. Jackson

    145 Ill. 2d 43 · Illinois Supreme Court · Sep 26, 1991

    According to Ziporyn, defendant was clearly attempting to put himself in the best possible light. … Ct. 2273 , requires the giving of the “life-qualifying” or “reverse-Witherspoon” question when sought by the defense in a capital case.

    Cited 59 timesPublished
  • People v. Hart

    Illinois Supreme Court · Apr 7, 2005

    The appellate court implicitly concluded that defendant had clearly indicated his intent to pursue plea negotiations ( 345 Ill. … Nor were the admissions that were made concurrently with the offer immunized from use, since there was no offer to plead guilty on condition that the charges or the possibility of maximum punishment would be reduced.”

    Cited 0 timesPublished
  • People v. Szabo

    94 Ill. 2d 327 · Illinois Supreme Court · Jan 24, 1983

    App. 3d 935 , the key prosecution witness, an alleged accomplice who was granted immunity in return for his testimony, was interviewed at least five times before the trial by representatives of the State. … These remarks were calculated to play upon the jurors’ emotions and were clearly improper.

    Cited 161 timesPublished
  • Bilek v. City of Chicago

    396 Ill. 445 · Illinois Supreme Court · Jan 22, 1947

    Comerford, 332 Ill. 230 , in which we held that an elector is a qualified voter. Things equal to the same thing are equal to each other, and this point is, therefore, without merit. … When they exercise the functions given by the statutes under consideration, the powers granted must not only be clearly conferred but strictly pursued.

    Cited 9 timesPublished
  • Bartlow v. Costigan

    13 N.E.3d 1216 · Illinois Supreme Court · Feb 21, 2014

    If the plain language of the statute sets forth clearly perceived boundaries, the vagueness challenge fails, and our inquiry ends. Wilson, 2012 IL 112026, ¶ 24. … As our appellate court has repeatedly recognized, a reviewing court is “entitled to have issues clearly defined with pertinent authority cited and cohesive arguments presented.”

    Cited 18 timesUnpublished
  • The PEOPLE v. One Mechanical Device

    11 Ill. 2d 151 · Illinois Supreme Court · Mar 20, 1957

    The record clearly shows that the defendant device is: (1) a coin-in-the-slot-operated mechanical device, (2) played for amusement, (3) which rewards the player with the right to replay such mechanical device, (4) and a device … The evidence in this case establishes (and we have seen the game demonstrated,) that some skill is involved in its operation.

    Cited 10 timesPublished

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