Case law

People v. Rissley

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. … This court has stated: “ ‘By numerous decisions this court has held that no right is more clearly established than that of an appellant to dismiss his appeal, regardless of the protest of the appellee. [Citations.]

People v. Patterson

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 plaintiff’s proffer before counsel sought to reopen defendant’s motion to suppress.

People v. Bailey

2013 IL 113690 · Illinois Supreme Court · Apr 26, 2013

After asking the court to take judicial notice of the verdicts, the State’s entire argument consisted of a statement that “the defendant qualifies for the death penalty based upon the fact that he had reached … The defendant’s request on the record for a separate verdict form was clearly intended to document a ruling that had already been made.

People v. Nau

153 Ill. 2d 406 · Illinois Supreme Court · Dec 4, 1992

In Splett, the court focused on the fact that the respondent had clearly received actual notice of the hearing on the petition. … Thus, his acquittal established only that the State was unable to prove his commission of the crime beyond a reasonable doubt.

Prall v. Burckhartt

299 Ill. 19 · Illinois Supreme Court · Jun 22, 1921

This court in construing that section has held that it vested in the municipality not a fee simple title absolute but a qualified, base or determinable fee, which may continue forever but is determined by the vacation of … Reeves, supra, and the other decisions where the question here under consideration was directly or indirectly referred to, would seem to show quite clearly that the constitutionality of the Vacation act with reference to

People v. Pearse

89 N.E.3d 322 · Illinois Supreme Court · Mar 23, 2017

¶ 22 The prosecutor, however, insisted that defendant’s return to his residence, after the short hospital stay, qualified as “establishing a residence” for purposes of section 3(b): “[W]hen defendant … Based upon the evidence we have here today the State would have had a much easier chance of—a much easier ability to prove that up because I think that is a little more clear[-]cut with the statute that he clearly owed a

People Ex Rel. Illinois Judicial Inquiry Board v. Hartel

72 Ill. 2d 225 · Illinois Supreme Court · Jul 14, 1978

The Courts Commission, established by section 15(e), hears complaints filed by the Board and determines the discipline, if any, to be imposed. That discipline may include removal of the judge from office. … In our opinion such triple hearsay clearly fails to establish a basis for the extensive production embraced within the trial court's order.

People v. Britz

174 Ill. 2d 163 · Illinois Supreme Court · Oct 18, 1996

Psychotropic drugs are *316 clearly capable of doing so. … "Psychotropic drugs" is an alternative to "other medication" and in no way qualifies that term.

People v. Wrice

962 N.E.2d 934 · Illinois Supreme Court · Feb 2, 2012

9 We need not, in the context of the present case, arrive at a comprehensive definition of “physical coercion,” because under any definition, the beatings alleged by defendant here would qualify … Although Judge Wood knew of “no clearly established Supreme Court case that would have required the state court to recognize the error as structural in nature,” Judge Wood also acknowledged that the Supreme

People v. Cregan

2014 IL 113600 · Illinois Supreme Court · Jul 2, 2014

As noted above, the Court did not consider whether the Chadwick search might have qualified as a search of the person. … That clearly has occurred here.

In Re Haley D.

355 Ill. Dec. 375 · Illinois Supreme Court · Dec 1, 2011

Had termination of parental rights been its objective, the State would have been required to say so "clearly and obviously" in its prayer for relief. 705 ILCS 405/2-13(4) (West 2008). No such declaration was made. … Not only is a mere finding of default not final, it does not even qualify as the type of interlocutory order immediately appealable as of right under Supreme Court Rule 307(a). Burton v.

Mattis v. State Universities Retirement System

Illinois Supreme Court · May 20, 2004

This language clearly shows that the calculation of retirement annuities under Rule 2 is based on “accumulated normal contributions.” … Under the new rule, Mattis qualifies for a benefit of $3,090 per month.

People v. Morgan

Illinois Supreme Court · Sep 23, 1999

He was not able to think clearly and *** [reacted to a stimulus] in an unthinking kind of a way. He was not deliberative. … As stated, the record clearly establishes that defense counsel was on notice that defendant suffered from medical problems involving his brain damage and mental deficiency.

Lebron v. Gottlieb Memorial Hospital

Illinois Supreme Court · Feb 4, 2010

Section 340 of the Act amended section 30 of the Good Samaritan Act (745 ILCS 49/30 (West 2006)) to expressly include retired physicians within its immunities and to add a provision allowing free clinics to receive reimbursement … The party challenging the law must clearly establish that it violates the constitution. People v. Johnson, 225 Ill. 2d 573, 584 (2007).

People v. Young

82 Ill. 2d 234 · Illinois Supreme Court · Oct 17, 1980

Defendant contended that the immunity provision embodied in the last sentence of section 11-401(b) precluded the State from using any of the information in the reports against him. … In those cases we clearly indicated that the authority of this court to regulate procedure, particularly in the realm of appeals, was supreme.

People v. Bartelt

241 Ill. 2d 217 · Illinois Supreme Court · Mar 24, 2011

Again, I note that this clearly shows that the question debated in the circuit court involved seizure analysis, as it concerned the officer’s show of authority against defendant by commanding her to comply with the set-up … I note that it is also undisputed that there was no undue delay occasioned by the sniff, and that the canine Max was qualified to perform the sniff.

In Re CW

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.

People v. Whitehead

169 Ill. 2d 355 · Illinois Supreme Court · Feb 15, 1996

Obviously, a claim may survive the bar of waiver on the basis of any one of these three well-established exceptions. … The record reflects that the jury was qualified during voir dire with questioning concerning these guarantees.

People v. P.S.

169 Ill. 2d 260 · Illinois Supreme Court · Jan 18, 1996

The elements involved in the forfeiture of the cash in Turner’s case are clearly distinguishable from the elements the State must prove to convict Turner of the offenses charged. … None of the elements necessary to establish forfeiture of the cash are included in the elements needed to establish the three offenses Turner was charged with committing.

Marshall v. Burger King

Illinois Supreme Court · Jun 22, 2006

The court stated that the owner or occupier of land owes a business invitee Athe duty of exercising ordinary and reasonable care to see that the premises are reasonably safe for use@ but qualified this acknowledgment by stating … The majority=s reliance on these cases is misplaced because both are clearly distinguishable from the case at bar.