Case law

People v. Patterson

2014 IL 115102 · Illinois Supreme Court · Mar 3, 2015

He had treated about 100 sexual assault victims and was qualified as an expert in emergency medicine. … Clearly, some members of the General Assembly see the need for change.

People v. Fort

2017 IL 118966 · Illinois Supreme Court · Feb 17, 2017

Therefore, the offense of second degree murder did not qualify as an “other charge[ ] arising out of the same incident” as the charged offenses. 705 ILCS 405/5-130(1)(a) (West 2008). … To the contrary, he quite clearly was.

People v. Moss

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. … Defendant is clearly arguing that (i) the evidence of his guilt was weak, and (ii) the errors were of such a nature so as to deprive him of a fair and impartial trial.

The People v. Blumenfeld

330 Ill. 474 · Illinois Supreme Court · Apr 21, 1928

obtaining an opportunity to prepare his defense on the charge brought against him; that through the efforts of friends, relatives and acquaintances in Chicago he was successful on July 14 in obtaining sureties who could qualify … the cross-examination of witnesses as to their animus in testifying; that counsel for the State were guilty of misconduct in asking improper, insinuating questions of various witnesses; in asking questions which were so clearly

People v. Phillips

Illinois Supreme Court · Dec 1, 2005

The appellate court has, in effect, adopted the defendant’s position in Campbell , a construction we clearly rejected when we “decline[d] to read McClanahan so broadly.” Campbell , 208 Ill. 2d at 212 . … Other than the limitations noted, where the stipulation is tantamount to a guilty plea, we did not qualify the foregoing principle in Campbell , and we see no need to do so now.

People v. Howery

178 Ill. 2d 1 · Illinois Supreme Court · Sep 18, 1997

The defendant further contends that the trial court’s finding of guilt was "clearly erroneous.” He entreats this court to adopt a clearly erroneous standard of review for evaluating the trial court’s factual findings. … The failure to offer mitigation evidence does not in and of itself establish deficient performance. Perez, 148 Ill. 2d 168 .

Catalano v. Pechous

83 Ill. 2d 146 · Illinois Supreme Court · Oct 17, 1980

The argument made here would give a defendant in a defamation suit an absolute immunity rather than the limited immunity conferred by New York Times on a person whose defamatory statement was made without actual malice. … Without extrinsic evidence, the plaintiffs cannot establish the import of the quoted words or the accuracy of their transcription.

The People v. Guido

321 Ill. 397 · Illinois Supreme Court · Apr 23, 1926

The commission of the crime was established without regard to the confessions, and the confessions, if true, established the identity of the defendants as the persons who committed the crime. … There was evidence to sustain the verdict of guilty, and we cannot say that there clearly was a reasonable doubt of the defendants’ guilt.

People v. Cloutier

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 “reverse- Witherspoon ,” 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.

People v. Fuller

187 Ill. 2d 1 · Illinois Supreme Court · Jul 1, 1999

By determining that jurisdiction may be found in “as applied” rulings that effectively embrace more than an individual litigant, Lappe substantially qualified the holding of Rehg . … The majority’s decision to overrule Rehg is clearly in error.

Quad Cities Open, Inc. v. City of Silvis

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. Salazar

162 Ill. 2d 513 · Illinois Supreme Court · Sep 22, 1994

The evidence also established that the defendant was trained in both boxing and in martial arts. The evidence at trial established that the victim, Officer Murrin, was shot with his own gun. … Although the court was not asked at that time to consider application of the Reddick decision to the defendant's case, its findings on direct appeal are clearly relevant here.

People v. Urdiales

Illinois Supreme Court · May 29, 2007

Dietz testified that anger was the “one clearly provable element that impaired [defendant’s] judgment.” … The witness has testified very clearly to the tune of $36,000 that he has gone over with great care all of the materials of a psychiatric nature.

People v. Hanna

Illinois Supreme Court · Oct 17, 2003

The principles that lead to this conclusion are well established. Administrative regulations have the force and effect of law and are construed according to the same standards that govern the construction of statutes. … When that real-world context is taken into account, the appellate court’s construction of section 510.40(c) is clearly untenable and must be rejected.

Chicago Title & Trust Co. v. Shellaberger

399 Ill. 320 · Illinois Supreme Court · Jan 22, 1948

Shellaberger and the Chicago Title and Trust Company, maintain that the fourth section of the original trust agreement clearly means, as the decree adjudged, that the trust shall terminate upon the death of the survivor of … It is not within the province of this court to disturb long-established rules of real-property law.

Beggs v. The Board of Education of Murphysboro Community Unit School District No. 186

72 N.E.3d 288 · Illinois Supreme Court · Dec 1, 2016

This explains the requirements in the statute designed to ensure that hearing officers are disinterested and highly qualified. … established facts to the applicable legal standard for discharge.

Khan v. Deutsche Bank AG

978 N.E.2d 1020 · Illinois Supreme Court · Oct 18, 2012

A cause of action should not be dismissed unless it is clearly apparent that no set of facts can be proved that would entitle a plaintiff to recover. … substantial back-taxes, penalties, and interest, (4) they lost the opportunity to avail themselves [of] other legitimate tax-savings opportunities, (5) they failed to file qualified

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

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. Pastewski

164 Ill. 2d 189 · Illinois Supreme Court · Feb 17, 1995

In both of the cases before us, the trial court determined that the defendants' prior criminal records would have qualified them for extended-term sentences under section 5-5-3.2(b)(1) of the Unified Code of Corrections if … Clearly, to determine the maximum commitment term, a trial court may refer to Unified Code of Corrections section 5-8-1, which prescribes sentences for felonies. (Ill. Rev.Stat.1991, ch. 38, par. 1005-8-1.)

People v. Haynes

192 Ill. 2d 437 · Illinois Supreme Court · Jul 6, 2000

Kartan did not feel comfortable or qualified to offer an opinion as to whether defendant was capable of cooperating with defense counsel. Dr. … Fauteck that defendant did not wish to be represented by counsel because no one could expound his philosophy as clearly and as well as he could. On cross-examination, Dr.