Case law

People v. Dupree

2018 IL 122307 · Illinois Supreme Court · Feb 28, 2019

This is a high bar to clear since matters of trial strategy are generally immune from claims of ineffective assistance of counsel. People v. West, 187 Ill. 2d 418 (1999); People v. … This point, more so than any other, conclusively establishes the error of the majority’s analysis.

Lake County Grading Co. v. Village of Antioch

2014 IL 115805 · 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.

Law v. People ex rel. Huck

87 Ill. 385 · Illinois Supreme Court · Sep 15, 1877

The city of Chicago was indebted beyond the limit when these certificates were issued, and if they, in any manner or for any purpose, create an additional indebtedness beyond that limit, they are clearly prohibited. … city council, by ordinance, declared all municipal officers in office at that date should continue in office, and exercise the same powers and perform the same duties as before, until their successors should be elected and qualified

People v. Childress

158 Ill. 2d 275 · Illinois Supreme Court · Feb 3, 1994

It was entirely proper for the judge to then question the juror further, to determine whether he was qualified to serve on the jury in this case. … The jury received separate instructions on the elements the State was required to prove to establish felony murder.

In the Interest of Danielle J

2013 IL 110810 · Illinois Supreme Court · Dec 19, 2013

In an effort to establish that she acted in self-defense, respondent testified as follows. … The record clearly demonstrates that both counsel and the trial court were unaware that a continuance under supervision was statutorily precluded once a finding of guilt was entered.

In re Karavidas

999 N.E.2d 296 · Illinois Supreme Court · Nov 15, 2013

is the wrongful deprivation of property from the person entitled to possession.’ ” Thebus, 108 Ill. 2d at 259-60. ¶ 61 In the context of a civil case, “ ‘[t]o prove conversion, a plaintiff must establish … The majority holds that, although respondent breached his fiduciary duty in no less than four distinct ways while serving as the executor of his late father’s $700,000 estate, he nevertheless is immune

People v. Simms

192 Ill. 2d 348 · Illinois Supreme Court · Aug 10, 2000

You have also been qualified to say that you will not give the death penalty automatically. That you will listen to everything that’s been said. … The examples given in Cronic and Strickland for when ineffectiveness was established without an inquiry into prejudice were clearly instances where the defendant’s sixth amendment right to counsel was violated and such violation

People v. Barner

30 N.E.3d 271 · Illinois Supreme Court · Apr 16, 2015

They concluded that although the analysts’ statements might “qualify as business or official records,” they were prepared specifically for use in a criminal trial and were, therefore, testimony against … Although F.M.’s testimony was slightly inconsistent on minor details concerning the exact number of times each sex act 4 The State claims that the trial record “clearly establishes” that the

People v. Emerson

189 Ill. 2d 436 · Illinois Supreme Court · Apr 3, 2000

We hold that it was proper for the circuit court in this case to death qualify the jury. 2. … In this case, the State relied on section 9 — 1(b)(6) to establish defendant’s eligibility for the death penalty.

People v. Wheeler

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.

Kinkel v. Cingular Wireless, LLC

223 Ill. 2d 1 · Illinois Supreme Court · Oct 5, 2006

After summarizing its previous decisions in Perry, Southland, and other cases, the Court restated what these prior decisions had established: “ ‘States may regulate contracts, including arbitration clauses, under general … The plaintiffs in Iberia Credit argued that the bar on collective proceedings had “the effect of immunizing the defendants from low-value claims, no matter how meritorious those claims might be,” and that the arbitration

People v. Smith

76 N.E.3d 1251 · Illinois Supreme Court · Dec 30, 2016

In contrast, reading the statute as a whole, as we must, the statute clearly requires the defendant to be 21 years old when convicted. … The statute clearly provides that mandatory Class X sentencing applies when a defendant, over the age of 21, is convicted.

Hartney Fuel Oil Company v. Board of Trustees of the Village of Forest View, etc.

2013 IL 115130 · Illinois Supreme Court · Nov 21, 2013

2d 368, 387 n.9 (2010). ¶ 17 Factual determinations of a trial court are reviewed under the manifest weight of the evidence standard and will be reversed only where the “opposite conclusion is clearly … First, the final sentence does not establish a presumption on tax situs; it establishes a presumption -17-  to determine where the purchase order was accepted.

Melena v. Anheuser-Busch, Inc.

Illinois Supreme Court · Mar 23, 2006

However, as the Seventh Circuit Court of Appeals has noted, A[l]ess clear is whether the right to have one=s federal claims determined judicially rather than in an arbitration proceeding qualifies to this added protection … Under this established precedent, employers and employees may not contract away the authority to decide fundamental public policy questions to private arbitrators.

People v. Tenney

Illinois Supreme Court · Apr 18, 2002

In reaching its judgment, the Court stressed: “[W]e establish no new principles of constitutional law. … Ct. at 1045 )); Woods , 101 Nev. at 136 , 696 P.2d at 470 (same; exclusion of such evidence “clearly prejudicial” because, without it, defendant unable to properly present her version of the events).

Lewis E. v. Spagnolo

186 Ill. 2d 198 · Illinois Supreme Court · Apr 15, 1999

charges that the District defendants have, for decades, failed to maintain school buildings and grounds in a manner that protects the safety of District students, failed to provide rudimentary instructional equipment and qualified … A cause of action will not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved which will entitle the plaintiff to recover. Bryson v.

People v. Redd

173 Ill. 2d 1 · Illinois Supreme Court · May 23, 1996

In Williams, the defendant was deprived of a fair sentencing hearing where the prosecutor was allowed to use an oversized demonstrative aid to unnecessarily memorialize clearly understandable testimony of defendant’s criminal … holding that section 9 — 1(b)(7) was not unconstitutionally vague, rested on the distinction between the language of the aggravating factor in the Oklahoma statute at issue in Maynard and the more specific description which qualifies

People v. Sutherland

223 Ill. 2d 187 · Illinois Supreme Court · Dec 4, 2006

The authority of an Illinois judge clearly does not extend to Montana. See 48A C.J.S. … Defendant locked the vehicle and left the keys inside with a note that clearly stated, “Will not be back for car.”

People v. Cummings

6 N.E.3d 725 · Illinois Supreme Court · Mar 20, 2014

He was looking for Pearlene Chattic and he clearly can see this is not Pearlene Chattic. … ¶ 14 The legal principles that guide our analysis in this case are familiar and well-established.

Alvis v. Ribar

85 Ill. 2d 1 · Illinois Supreme Court · Jun 4, 1981

He should use prudence and care, but failing to do so, and is guilty of negligence, he can not recover, unless the negligence of the defendant clearly and largely exceeds his. … The defendants herein claim that no change of circumstances has been shown which would call for a change from the established doctrine of contributory negligence.