Case law

People v. Seuffer

144 Ill. 2d 482 · Illinois Supreme Court · Sep 19, 1991

Officers set up a command post at a restaurant near the tavern and. established communication with the defendant over the telephone. … Defense counsel also presented the testimony of two expert witnesses in an effort to establish the existence of a statutory mitigating circumstance. Dr.

People v. LeFlore

32 N.E.3d 1043 · Illinois Supreme Court · May 21, 2015

We conclude that the Supreme Court cases of Knotts and Karo clearly authorized the police conduct in this case. … It noted that “Davis merely establishes the inapplicability of the exclusionary rule in one specific circumstance.

People v. Simms

143 Ill. 2d 154 · Illinois Supreme Court · Apr 18, 1991

To qualify as hearsay, an out-of-court statement must be offered to establish the truth of the matter asserted. ( People v. Rogers (1980), 81 Ill.2d 571 , 44 Ill.Dec. 254 , 411 N.E.2d 223 .) … The evidence clearly established the defendant's eligibility for the death penalty pursuant to the same statutory aggravating circumstance on several separate grounds.

Hooker v. Illinois State Board of Elections

2016 IL 121077 · Illinois Supreme Court · Sep 20, 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.”

McIntosh v. Walgreens Boots Alliance, Inc.

2019 IL 123626 · Illinois Supreme Court · Jun 20, 2019

A legislative intent to alter or abrogate the common law must be plainly and clearly stated. Id. … This public policy was established by the legislature in enacting the Consumer Fraud Act.

In Re PS

169 Ill. 2d 260 · Illinois Supreme Court · Jul 1, 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.

Chicago Title & Trust Co. v. Central Trust Co.

312 Ill. 396 · Illinois Supreme Court · Apr 14, 1924

The evidence does clearly establish the liabilities as we have above shown them, and there is no dispute as to the liabilities except on the question whether or not $47,000 of the bonds, in addition to what we have found, … His contention is that the books of the bank are not competent to establish the fact of payment.

Lake County Grading Co. v. Village of Antioch

385 Ill. Dec. 683 · Illinois Supreme Court · Oct 17, 2014

The record establishes that the four surety bonds covered different phases of the project in the two subdivisions. … “A court of review is entitled to have the issues clearly defined and to be cited pertinent authority.” (Emphasis omitted.) Id.

Echols v. Olsen

63 Ill. 2d 270 · Illinois Supreme Court · Mar 29, 1976

Unlike the recording system, the *283 Torrens system does not operate by conferring priorities upon those who qualify as protected parties. … This language clearly indicates that the purpose of the Torrens Act is not so narrowly confined as the majority holds, and that "[i]t was designed to encourage reliance on the state of the registered title." Naiburg v.

Blumenthal v. Brewer

2016 IL 118781 · Illinois Supreme Court · Jan 25, 2017

EMC Mortgage Corp., 2012 IL 113419, ¶ 14. ¶ 25 The circuit court’s action dismissing counts I, II, IV, and V of Brewer’s counterclaim did not qualify as a final judgment or order. … Hewitt clearly declared the law on the very issue in this case. Yet, the appellate court in this case declined to follow our ruling, despite the facts being almost identical to Hewitt. This was improper.

Calles v. Scripto-Tokai Corp.

Illinois Supreme Court · Feb 16, 2007

Under the consumer-expectation test, a plaintiff must establish what an ordinary consumer purchasing the product would expect about the product and its safety. … Clearly then, the ordinary consumer would expect that, when the trigger is pulled, a flame would be produced. Here, the Aim N Flame was not used in its intended manner, i.e., by an adult.

Employers Insurance of Wausau v. Ehlco Liquidating Trust

Illinois Supreme Court · Jan 22, 1999

To accept it would be to contradict long established law governing the insurers’ duty to defend and the consequences of breaching that duty. … In support, Wausau briefly mentions its defense of late notice of an occurrence in the Wyoming action, but offers no argument as to how this defense qualifies as bona fide .

Price v. Philip Morris, Inc.

43 N.E.3d 53 · Illinois Supreme Court · Nov 4, 2015

order, In re American Brands, Inc., 79 F.T.C. 255 (1971): “the FTC could, and did, specifically authorize all United States tobacco companies to utilize the words ‘low,’ ‘lower,’ ‘reduced’ or like qualifying … Thus, even this court’s 2005 Price decision does not immunize the judgment entered pursuant to that decision from section 2-1401 relief.

In Re Krule

194 Ill. 2d 109 · 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.

People v. Wheeler

226 Ill. 2d 92 · Illinois Supreme Court · Jun 21, 2007

In support of its case, the State elicited testimony to establish that defendant had a motive to murder Demetrian Forrest. … This situation is clearly evident in the exchange between defense counsel, the court, and the prosecutor regarding the mock 911 call.

Mensik v. Smith

18 Ill. 2d 572 · Illinois Supreme Court · Jan 22, 1960

agents, employeese and subordinates, and their respective successors, shall exert every effort to contract for the insurance of withdrawable share accounts by the Federal Savings and Loan Insurance Corporation, or by a qualified … Stat. 1955, chap. 32, par. 848) The portions of the decree set forth above fully establish this ground of custody. The decree is self-explanatory as to some of the conditions that it condemned.

People v. Harris

Illinois Supreme Court · Jan 19, 2007

-8- established, the petition proceeds to the third stage for an evidentiary hearing. 725 ILCS 5/122–6 (West 2002). … Clearly, it was not. As the appellate court noted, the requests in defendant’s prayer for relief were simply generic, boilerplate requests.

Farwell v. Great Western Telegraph Co.

161 Ill. 522 · Illinois Supreme Court · Jun 13, 1896

Girod, 4 How. 503 , it is said: “In general, lapse of time is no bar to a trust clearly established to have once existed,' and where fraud is imputed and proved, length of time ought not to exclude relief. * * * Within what … But, disregarding that technical error, we hold it is the duty of courts of chancery to strictly enforce the principle, clearly established, that a receiver will not be permitted to employ as his counsel one whose interests

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

198 Ill. 2d 249 · 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.

People v. Pepitone

106 N.E.3d 984 · Illinois Supreme Court · Apr 5, 2018

To rebut the presumption, a party challenging a statute must establish clearly that it violates the constitution. People v. Rizzo, 2016 IL 118599, ¶ 23. … ¶ 29 Contrary to the defendant’s contention, the legislature clearly attempted to limit the application of section 11-9.4-1(b) and its penalty.