Case law

M.A.K. v. Rush-Presbyterian St. Luke's Medical Center

Illinois Supreme Court · Dec 20, 2001

Broderick , 225 F.3d 440, 447 (4th Cir. 2000) (“We hold that section 290dd–2 does not create ‘enforceable rights, privileges, or immunities within the meaning of §1983’ ”). … Again, the language clearly limits disclosure to existing records of past programs. Moreover, it is well established that the alleged waiver of a right will not be upheld unless the waiver was knowing and voluntary.

Skinner v. Reed-Prentice Division Package MacHinery Co.

70 Ill. 2d 1 · Illinois Supreme Court · Mar 1, 1978

Lehon, 343 Ill. 602 , 175 N.E. 832 , the court has not qualified the statement that there is no right of contribution among tortfeasors. (See John Griffiths & Son Co. v. … I would state clearly that it is being retained. UNDERWOOD, Justice, dissenting: I agree with much of what the Chief Justice and Mr.

People v. Blue

205 Ill. 2d 1 · Illinois Supreme Court · Sep 27, 2001

That is, the court should afford a defendant the widest latitude to establish the witness’ bias or hostile motivation. People v. Kitchen, 159 Ill. 2d 1, 37 (1994); People v. Barr, 51 Ill. 2d 50, 52 (1972). … Questions regarding [the witness’] gang activities and threats against the defendant were clearly relevant to the reliability of [the witness’] testimony, and should have been allowed.” Gonzalez, 104 Ill. 2d at 338 .

People v. Harris

224 Ill. 2d 115 · Illinois Supreme Court · Jan 19, 2007

The court found that the purported affidavits did not qualify as affidavits under the Act because they were unsigned; rather, they were merely what defendant wanted these people to say. … Clearly, it was not. As the appellate court noted, the requests in defendant’s prayer for relief were simply generic, boilerplate requests.

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

2016 IL 120236 · 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.

People v. Holt

91 Ill. 2d 480 · Illinois Supreme Court · Jun 18, 1982

Again, perhaps some felonies could qualify as "the conduct" of a felony murder. … At issue was whether venue over the murder offense could properly be established in the county in which the kidnaping (a felony) initiated.

People Ex Rel. Daley v. Joyce

126 Ill. 2d 209 · Illinois Supreme Court · Dec 21, 1988

There is, of course, nothing in the constitution conferring the right of jury trial on the State, but such has for centuries been the established mode of trial in criminal cases. … That the majority itself is uneasy with the lockstep principle can be seen from the qualifier which it attaches to it: a similar State provision can be interpreted differently if such an intent can be derived either from

People v. Coleman

183 Ill. 2d 366 · Illinois Supreme Court · Oct 1, 1998

The petition must clearly set forth the respects in which the petitioner’s rights were violated. See 725 ILCS 5/122 — 2 (West 1994). … On cross-examination, Maslanka qualified Lockett’s identification as “tentative” solely because Lockett had told him that she had not been wearing her glasses when she saw the suspect leave the building and that she was nearsighted

International Union v. DEPT. OF EMP. SEC.

215 Ill. 2d 37 · Illinois Supreme Court · Mar 24, 2005

"Our precedent makes clear that lack of standing qualifies as `affirmative matter' within the meaning of section 2-619(a)(9) and may properly be challenged through a motion to dismiss under that statute." … The doctrine of associational standing is firmly established in federal law.

Carmichael v. Laborers' & Retirement Board Employees' Annuity & Benefit Fund of Chicago

429 Ill. Dec. 677 · Illinois Supreme Court · Nov 29, 2018

The benefit was clearly a “benefit” within the meaning of the pension clause, and the State’s argument must therefore be rejected. … Plaintiffs concede that the phrase “receive credit in any pension plan” clearly applies to a defined benefit plan established by a local labor organization, but they contend that the phrase was not intended

People v. Edwards

144 Ill. 2d 108 · Illinois Supreme Court · Sep 30, 1991

show the other requirements established in Batson. … Do you understand that in Illinois only certain types of murders qualify for the option of giving the death penalty? A. Yes. . Q.

Richter v. Prairie Farms Dairy

53 N.E.3d 1 · Illinois Supreme Court · May 19, 2016

The party invoking res judicata carries the burden of establishing its applicability. Hernandez, 2012 IL 113054, ¶ 41; Chicago Historical Society v. Paschen, 9 Ill. 2d 378, 382 (1956). … ¶ 40 Rein and Hudson are clearly distinguishable from the instant case.

Delaunay v. Burnett

9 Ill. 454 · Illinois Supreme Court · Dec 15, 1847

The proceeding was judicial in its character, and unless disapproved by the Commissioner of the General Land Office, conclusive evidence of the rights thereby established. … These authorities are sufficient to establish the position, that the term “legal representative,” has not always necessarily the same signification.

In Re Illinois Bell Switching Station Litigation

161 Ill. 2d 233 · Illinois Supreme Court · Jul 28, 1994

A statute or ordinance must receive a sensible construction, even though such construction qualifies the universality of its language. ( City of East St. Louis v. … Now that the legislature has spoken clearly and unambiguously, the court's only legitimate function is to enforce the law as enacted.

Best v. Taylor Machine Works, Inc.

Illinois Supreme Court · Dec 18, 1997

Shephard, 152 Ill. 2d 489 (1992)), and it is the plaintiff's burden to clearly establish that the challenged provisions are unconstitutional (Bernier v. Burris, 113 Ill. 2d 219 (1986)). … We have never before required legislation under rational basis scrutiny to qualify under a standard as rigorous as that applied by the majority. In People v.

Records of Trial Courts &8212 How Prepared

319 Ill. 11 · Illinois Supreme Court · Dec 5, 1925

Where the record contains the evidence it shall be condensed in narrative form in the abstract so as to present clearly and concisely its substance. … Each applicant for examination shall present to the Board of Law Examiners satisfactory proof that he has a general and legal education sufficient to qualify him therefor.

People v. Nelson

235 Ill. 2d 386 · Illinois Supreme Court · Dec 17, 2009

It is within the court’s discretion to decide whether an expert witness is qualified to testify in a particular subject area and whether the proffered testimony is relevant. … The prosecutors noted that if Juror 20 had the beliefs attributed to him, he was not a qualified juror and should be removed.

County of Will v. Pollution Control Board

2019 IL 122798 · Illinois Supreme Court · Jun 20, 2019

¶ 41 To carry out that program, the Act created the Board as an independent body of five “technically qualified members.” 415 ILCS 5/5(a) (West 2016). … The party challenging the decision bears a heavy burden to establish that it was clearly arbitrary and capricious. Id.; People v.

People v. Sebby

89 N.E.3d 675 · Illinois Supreme Court · Jun 2, 2017

There is, however, a well-established exception to that principle. … Thus, defendant has failed to establish plain error. See, e.g., People v.

People v. Jackson

205 Ill. 2d 247 · Illinois Supreme Court · Dec 20, 2001

At this hearing, the court heard testimony which established that the framed letter stated simply, “Judge Urso, Thank you. Urica.” … Clearly, the legislature never intended that every defendant who is eligible for the death penalty receive a death sentence (People v.