Case law

Williams v. Board of Review

Illinois Supreme Court · Mar 24, 2011

We agree that the deadline in Sonoco, which established a time limit for contesting an adverse benefits decision, does not closely resemble the 8/16 week deadline. … While we applied the do novo standard of review to the issue of whether the 8/16 week deadline can be tolled, we apply the clearly erroneous standard for mixed questions of law and fact to the issue of whether the deadline

People v. Easley

148 Ill. 2d 281 · Illinois Supreme Court · Apr 16, 1992

Ct. 2052 , established the standard by which claims of ineffective assistance of counsel are to be measured. … Among other references to the respective burdens at the sentencing hearing, the court told the jury the following: “[T]he State has to meet a burden of proof beyond a reasonable doubt that under the law the Defendant would qualify

People v. McCallister

Illinois Supreme Court · Jul 6, 2000

BACKGROUND The following facts were established at trial. … You don’t feel you’re well qualified in that area or that there would have to be further testing done? A. I’m stating that he’s fit on the medication he is on.

People v. Madrigal

Illinois Supreme Court · Mar 24, 2011

All statutes are presumed constitutional, and the party challenging the constitutionality of a statute has the burden of clearly establishing that it violates the constitution. People v. … Because any one of the pieces of information listed qualifies as “personal identifying information” for purposes of committing the offense listed in section 16G–15(a)(7), a person who simply uses someone’s name for the purpose

Spies v. People

122 Ill. 1 · Illinois Supreme Court · Sep 14, 1887

If the instruction was too general in this regard, it was limited and qualified by other instrftctions given for the defendants. … We held that all objection to Gray’s competency was clearly removed by the proviso above quoted.

The Hope Clinic for Women, Ltd. v. Flores

2013 IL 112673 · Illinois Supreme Court · Aug 16, 2013

A facial challenge to a legislative act is the most difficult challenge to mount successfully because the challenger must establish that under no circumstances would the challenged act be valid. … And finally, Member Proposal No. 506 would have provided that “any female by giving her consent and approval shall not be denied the right to comply with advice given by qualified medical authorities.”

In re Krule

Illinois Supreme Court · Dec 1, 2000

The public depends on this court to select qualified professionals who will be conscientious in protecting their clients and upholding the law. We take that responsibility seriously. … The majority clearly primarily bases its decision on the crime petitioner committed more than 10 years ago.

Williams v. Kerner

30 Ill. 2d 11 · Illinois Supreme Court · Dec 10, 1963

Flynn, 285 U.S. 375 , 76 L.ed. 805, which decided, on authority of the Smiley case, that a concurrent resolution of the senate and assembly of the State of New York establishing new congressional districts was ineffective … And yet, we have consistently held that the Governor's veto power under section 16 of article IV is merely a qualified veto. See, e.g., Board of Education of School District No. 41 v. Morgan, 316 Ill. 143 .

State v. Illinois Central Railroad

246 Ill. 188 · Illinois Supreme Court · Oct 28, 1910

The fundamental principle underlying this division of powers is to be understood in a limited and qualified sense. … Clearly this was not the intention of the framers of the charter.

Scribner v. Sachs

18 Ill. 2d 400 · Illinois Supreme Court · Jan 22, 1960

Nowhere in the history of this legislation is there an indication that the well-established method of marking all ballots with a cross should be eliminated. … The opinion of the court concedes (1) that the check marks and the "yes" votes in this case clearly show the intention of the voters, and (2) that they are not identifying marks.

People v. Robinson

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. Ballard

206 Ill. 2d 151 · Illinois Supreme Court · Dec 2, 2002

The controlling principles are established. … The constitutional principles are quite established.

Miller v. Consolidated Rail Corp.

Illinois Supreme Court · Jun 20, 1996

By its terms, subdivision (c)(2)(i) contains no qualifying criteria regarding plaintiff's choice of an alternate forum. See McClain, 121 Ill. 2d at 292. … In the Missouri court Conrail merely sought to raise the same defense it had already raised in Illinois, and clearly the purpose of the rule is not implicated in these circumstances.

Jackson v. Board of Election Commissioners of the City of Chicago

975 N.E.2d 583 · Illinois Supreme Court · Sep 7, 2012

Under the established statutory framework, the window for bringing and resolving challenges is always small. … The freedom of voters to choose between qualified candidates is the very foundation of a valid election.

The People v. City of Paris

380 Ill. 503 · Illinois Supreme Court · Sep 21, 1942

Prior to 1929 the law provided that whenever- a constitutional amendment or other public measure was proposed to be voted upon, the amendment and the public measure should be clearly indicated on a separate ballot. (111. … Even though the contract was void and unenforcible, this does not, in itself, establish fraud in the adoption of the ordinance and the holding of the election.

McDonough County Orphanage v. Burnhart

5 Ill. 2d 230 · Illinois Supreme Court · Mar 24, 1955

This clearly indicates that the condition is to be something expressed in the instrument of conveyance rather than some presumed intention that the ingenuity of an astute legal mind has conceived. … The standard established is statutory and is not hampered by any limitations imposed on the applicability of the cy pres doctrine.

Petrovich v. Share Health Plan of Illinois, Inc.

Illinois Supreme Court · Sep 30, 1999

In order to qualify for benefits, a Share member must select from the network a primary care physician who will provide that member’s overall care and authorize referrals when necessary. … Although all three of these contracts clearly express that the physicians are independent contractors and not agents of Share, we disagree with Share’s contention for the reasons explained below.

In re: Thomas

2012 IL 113035 · Illinois Supreme Court · Jan 20, 2012

Although the bankruptcy court reached the opposite result, concluding that respondent lied about the date, we cannot say that its conclusion is clearly evident. … Rather, it admits qualified individuals to practice.

In re James W.

2014 IL 114483 · Illinois Supreme Court · Jul 2, 2014

In addition, attached to the petition was a copy of James W.’s treatment plan, which clearly set out the names and phone numbers of James’s sisters and a cousin. … See 405 ILCS 5/3-813(b) (West 2010). ¶ 56 A special jury should have been called in order to give James W. a trial much sooner than was possible under the procedures that had evidently been established

People v. Oaks

169 Ill. 2d 409 · Illinois Supreme Court · Feb 15, 1996

Clearly, the murder and aggravated battery of a child statutes at issue here do not name disparate and alternative acts, any one of which would constitute the offense. … The evidence clearly supported a conviction for murder under either section 9 — 1(a)(2) or section 9 — 1(a)(3) of the Criminal Code.