Case law

People v. Cloutier

178 Ill. 2d 141 · Illinois Supreme Court · Sep 18, 1997

On appeal, this court affirmed defendant’s convictions, but vacated his death sentence because the trial court improperly failed to "reverseWitherspoon,” or "life-qualify,” the jurors in accordance with Morgan v. … Williams, 161 Ill. 2d 1 (1994), which held that a similar exhibit was inadmissible because it merely summarized clearly understandable testimony and it unfairly memorialized the State’s evidence in aggravation.

City of Chicago v. Beretta U.S.A. Corp.

213 Ill. 2d 351 · Illinois Supreme Court · Nov 18, 2004

Clearly, this authority is considering whether the purchaser of a product may state a nuisance claim for injuries caused by the product. … Clearly, the individuals who illegally possess and use firearms in the city of Chicago are not under the control of the dealer defendants.

People v. Baynes

88 Ill. 2d 225 · Illinois Supreme Court · Dec 4, 1981

To circumvent the general waiver rule the record must clearly show the commission of an error that substantially affected a defendant’s rights. People v. Jackson (1981), 84 Ill. 2d 350, 359 ; People v. … either defendant or the state. (2) That notwithstanding the stipulation the admissibility of the test results is subject to the discretion of the trial judge, i.e. if the trial judge is not convinced that the examiner is qualified

People v. Brown

52 Ill. 2d 94 · Illinois Supreme Court · May 26, 1972

An act of intercourse clearly falls within the scope of the offense of committing indecent liberties with a child; and evidence of sexual intercourse is sufficient to satisfy a charge of lewd fondling and touching. … Her responses indicate that she had the understanding of a girl her age, and that such understanding was sufficient to qualify her to testify.

Quad Cities Open, Inc. v. City of Silvis

208 Ill. 2d 498 · Illinois Supreme Court · Jan 23, 2004

excess of a one-year operating contingency fund (which shall not include the tournament prize) be used in promoting the common good and general welfare of the people of the Quad Cities area or be given to organizations which qualify … The trial court concluded that the Open was more like a typical business, and that like many for-profit businesses it was charitable but clearly “carried on for gain.”

People v. Patterson

192 Ill. 2d 93 · Illinois Supreme Court · Aug 10, 2000

The OPS report clearly qualifies as new evidence, as it did not exist until after defendant’s trial. The same rationale applies to the appellate court opinions upon which defendant relies. … The record clearly establishes that defendant’s counsel obtained a copy of the plaintiffs proffer before counsel sought to reopen defendant’s motion to suppress.

People v. Ward

154 Ill. 2d 272 · Illinois Supreme Court · Nov 19, 1992

Defendant contends that this testimony should not have been allowed since the State did not establish that the officer was qualified as an expert in determining the presence of brain matter. … Clearly, the court acted in a manner to best preserve the defendant’s right to a fair trial by dismissing Williamson and replacing her with the alternate.

People v. Lewis

103 Ill. 2d 111 · Illinois Supreme Court · Jun 29, 1984

We find the stipulations in Reeves and Greene and those entered into here clearly distinguishable. … The facts in those cases alone are enough to establish the systematic exclusion of a particular group in case after case which this court requires under Swain v.

People v. Harvey

211 Ill. 2d 368 · Illinois Supreme Court · Jun 24, 2004

The evidence at trial established Harvey was a member of the Unknown Vice Lords street gang. … This is merely an element of an additional offense that can be established by defendant’s overlapping acts of possession.

People v. Campa

Illinois Supreme Court · Dec 1, 2005

Although the constitutional and statutory provisions “address similar concerns ***, the rights established by each are not necessarily coextensive.” People v. Hall , 194 Ill. 2d 305, 326 (2000) (citing People v. … discussing the right to bail under section 9 of article I of the Illinois Constitution of 1970 and the court’s inherent power to deny bail. 5: 5 Because the trial court set defendant’s bail at $5,000, defendant would not have qualified

People ex rel. Alvarez v. Howard

2016 IL 120729 · Illinois Supreme Court · Dec 1, 2016

Public Act 99-258 made was to -2-  raise the age for automatic adult prosecution for the enumerated offenses from 15 to 16 and to reduce the number of offenses that qualify … Here, the court’s order clearly contemplated further proceedings in the cause.

People v. Stechly

Illinois Supreme Court · Apr 19, 2007

b) Intended to Establish a Particular Fact The second requirement is that the statement must be intended to establish a particular fact. … This passage clearly states that the term “testimonial” applies, at a minimum, to these “modern practices.”

Central Standard Life Insurance v. Gardner

17 Ill. 2d 220 · Illinois Supreme Court · Sep 24, 1959

Chicago City Bank and Trust Co. 394 Ill. 94 , clearly hold that policyholders have the right to enforce their contractual and trust rights directly in the courts, even over opposition of the Director of Insurance. … The Insurance Code qualifies and commands the Director to supervise receivership, liquidation and rehabilitation proceedings and, further, to enforce the insurance laws by exercising his administrative powers and his administrative

Mikolajczyk v. Ford Motor Co.

231 Ill. 2d 516 · Illinois Supreme Court · Dec 18, 2008

If this court’s precedents do not establish this definitive rule, they argue, our decisions have nevertheless established that the risk-utility test is the only test to be applied if the product at issue is complex and if … Reversing in part, the appellate court held that the lighter did “not qualify as the kind of especially simple device for which the result of the risk-utility balancing is too obvious for trial.” Calles, 358 Ill.

Hooker v. Illinois State Board of Elections

2016 IL 121077 · Illinois Supreme Court · Aug 25, 2016

Redistricting is clearly such an issue. Those elected have an incentive to draw maps that will help them remain in office. … members, or perhaps even to establish single-member districts.”

People v. Silagy

116 Ill. 2d 357 · Illinois Supreme Court · Apr 16, 1987

At a hearing under the Post-Conviction Hearing Act, the burden is on the defendant to establish a substantial deprivation of rights under the United States Constitution or the Constitution of Illinois ( People v. … Coronado Oil & Gas Co. (1932), 285 U.S. 393, 407-11 , 76 L.Ed. 815, 823-27 , 52 S.Ct. 443, 447-49 , Justice Brandeis cited 28 cases in which the court qualified or overruled a prior constitutional ruling.

Coram v. The State of Illinois

996 N.E.2d 1057 · Illinois Supreme Court · Sep 12, 2013

shall issue a FOID card only to those applicants found qualified under section 8 of the Act. 430 ILCS 65/5 (West 2010). … Both logic and data establish a substantial relation between § 922(g)(9) and this objective.”); United States v.

People v. Dupree

429 Ill. Dec. 398 · Illinois Supreme Court · Nov 1, 2018

This is a high bar to clear since matters of trial strategy are generally immune from claims of ineffective assistance of counsel. People v. West, 187 Ill. 2d 418 (1999); People v. … This point, more so than any other, conclusively establishes the error of the majority’s analysis.

People Ex Rel. Hartigan v. Illinois Commerce Commission

148 Ill. 2d 348 · Illinois Supreme Court · Apr 16, 1992

Certain contractor QA/QC supervisors and'inspectors were not adequately qualified and/or trained to perform safety-related inspection functions.” (Commonwealth Edison Co., 19 NRC at 1171.) … As the appellate court properly stated: “The Commission is qualified through experience and special study to evaluate the workings of the nuclear regulatory process.

People v. Rosanna W.

199 Ill. 2d 198 · Illinois Supreme Court · Mar 21, 2002

The report also stated that providing parenting for respondent’s children would present a “most difficult task for the best and most qualified and patient parent.” … Clearly, the caseworkers harbored a suspicion that Alvin, like respondent’s prior paramours, was physically abusive, but evidence of such abuse was not introduced until the best-interests hearing.