Case law

People v. Buss Modified June 18, 1999

Illinois Supreme Court · Apr 15, 1999

Here, although Boles was not specifically asked whether he could set aside his views and follow the law, he clearly indicated that he could not be impartial and would not impose the death penalty under any circumstances. … Thus, defendant has established neither deficient performance nor prejudice. D.

In Re Estate of Funk

221 Ill. 2d 30 · Illinois Supreme Court · Apr 20, 2006

She clearly had no interest in undertaking, much less extending, her responsibilities as executor and would unquestionably have been better off had the government simply foreclosed. … It is true that under Illinois law, a body politic may sometimes qualify as a person. See 5 ILCS 70/1.05 (West 2004).

People v. Williams

Illinois Supreme Court · Oct 13, 2000

Defendant does not dispute that the murders of Joshua’s sister and mother qualify as a startling event sufficient to produce a spontaneous and unreflecting statement. … Ct. 2052 (1984), to establish a claim of ineffective assistance of counsel, a defendant must establish (1) that defense “ ‘counsel’s representation fell below an objective standard of reasonableness’ ” and (2) that “ ‘there

Ward v. Decatur Memorial Hospital

2019 IL 123937 · Illinois Supreme Court · Jun 20, 2019

¶ 11 The trial court observed that, in the report Ward filed under section 2-622 of the Code (id. § 2-622(a)(1) (requiring review of the cause of action by a qualified health professional)), the health … As the committee comments concerning Rule 219(e) demonstrate, the paragraph does not change existing law as to a plaintiff’s right to seek a voluntary dismissal; “[h]owever, this paragraph does clearly dictate

People v. Burge

2014 IL 115635 · Illinois Supreme Court · Jul 3, 2014

Accordingly, there is no justification for us to depart from well-established rules of statutory interpretation. ¶ 35 The Attorney General’s complaint faces an additional problem. … The legislature, by outlining how much indemnification boards may offer, clearly contemplated that trustees might be subject to suit for errors—it included section 1-107 to prevent the exact problem the

People v. De La Paz Opinion text corrected 6/18/03

Illinois Supreme Court · May 8, 2003

A petition under the Post-Conviction Hearing Act must, inter alia , “clearly set forth the respects in which petitioner’s constitutional rights were violated.” 725 ILCS 5/122–2 (West 1994). … precedent by this court, and firmly established rules of appellate procedure.

Bogenberger v. Pi Kappa Alpha Corporation, Inc.

2018 IL 120951 · Illinois Supreme Court · Aug 15, 2018

However, the above allegations fall short of establishing “control.” … We must accept as true all well-pleaded facts, and we can affirm a section 2-615 dismissal only if it is clearly apparent that no set of facts entitles the plaintiff to recover. Cowper v.

In re Derrico G.

15 N.E.3d 457 · Illinois Supreme Court · Aug 4, 2014

Clearly, that is not the case. And so I appreciate Ms. Bruzan bringing it to my attention. … A continuance under supervision was clearly not in this respondent’s interest or that of the public.

People v. Bean

137 Ill. 2d 65 · Illinois Supreme Court · Apr 18, 1990

Ct. at 841 (O’Connor, J., concurring) (jury instructions as a whole “must clearly inform the jury that they are to consider any relevant mitigating evidence about a defendant’s background and character”). … had not paid defendant $2,500 in advance and promised to pay him more afterward, that the Walterses participated in the planning of the murder, and that hiring another to commit a murder is a statutory aggravating factor qualifying

Cassidy v. China Vitamins, LLC

427 Ill. Dec. 892 · Illinois Supreme Court · Oct 18, 2018

The statute clearly states that this evidentiary burden rests on the plaintiff. … In most situations, therefore, immunizing nonmanufacturers from strict liability saves those resources without jeopardizing the plaintiff’s interests.”).

United States v. Printy

50 A.L.R. Fed. 2d 709 · Illinois Supreme Court · Apr 20, 2006

She clearly had no interest in undertaking, much less extending, her responsibilities as executor and would unquestionably have been better off had the government simply foreclosed. … It is true that under Illinois law, a body politic may sometimes qualify as a person. See 5 ILCS 70/1.05 (West 2004).

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

2018 IL 122793 · Illinois Supreme Court · Dec 13, 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

H&M Commercial Driver Leasing, Inc. v. Fox Valley Containers, Inc.

209 Ill. 2d 52 · Illinois Supreme Court · Feb 20, 2004

Agreements are not held to be void, as being contrary to public policy, unless they be clearly contrary to what the constitution, the statutes or the decisions of the courts have declared to be the public policy or unless … Defendant had the burden of establishing a public policy defense, and it should have been given the opportunity to prove the relevant facts and circumstances.

People v. Cregan

10 N.E.3d 1196 · Illinois Supreme Court · Feb 21, 2014

As noted above, the Court did not consider whether the Chadwick search might have qualified as a search of the person. … That clearly has occurred here. The majority has adopted a rule which is vague and unworkable.

In re Edmonds

2014 IL 117696 · Illinois Supreme Court · Nov 20, 2014

The trust would be used exclusively for charitable purposes, exempt from federal income tax, and would qualify as a private foundation. … A decision is against the manifest weight of the evidence only if the opposite conclusion is clearly evident. Cutright, 233 Ill. 2d at 488.

People v. Patterson

25 N.E.3d 526 · Illinois Supreme Court · Oct 17, 2014

He had treated about 100 sexual assault victims and was qualified as an expert in emergency medicine. … Ct. at 2469), there are cases in which criminal court is the proper venue and a sentence under the Code of Corrections is clearly appropriate.

People v. Thompson

Illinois Supreme Court · Apr 10, 2006

At that point, Batey moved closer and established eye contact with defendant. Batey then ran into his house to put his shoes on. … Defendant=s lack of remorse and future dangerousness clearly sets him apart from the offenders in Carlson and subsequent cases that have followed its lead.

People v. Holt

21 N.E.3d 695 · Illinois Supreme Court · Nov 20, 2014

He found her responses in the competency screening test were “overly personal” and he noted “she was unable to establish and maintain objective distance.” … Therein, counsel suggested, pursuant to section 104-13(e) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/104-13(e) (West 2010)), that defendant was “entitled to” the appointment of a qualified

People v. Sutherland

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. Redd

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