Case law

Evans v. Cook County State's Attorney

451 Ill. Dec. 353 · Illinois Supreme Court · Sep 2, 2021

Evans’ criminal history and the clearly deficient submissions that failed to address the issue of Mr. … The legislature clearly intended for felons to be able to obtain relief under section 10 of the FOID Card Act.

Jordan v. Metropolitan Sanitary District

15 Ill. 2d 369 · Illinois Supreme Court · Nov 26, 1958

Standing alone, the enactment is unobjectionable, for, as correctly stated in the majority opinion, it is well established that the legislature may constitutionally determine a mandatory retirement age for public employees … Clearly, therefore, the corporate authorities are given an uncontrolled discretion to determine at what precise age after age 67 that any of its employees will actually retire.

Katzing v. Wiegand

286 Ill. 646 · Illinois Supreme Court · Feb 20, 1919

name of her brother as a matter of convenience; that her brother died on April 4, 1915, leaving certain heirs, one of whom is the appellant, Carrie Wiegand; that the Dime Savings and Trust Company is the duly appointed and qualified … A resulting trust must usually be established by parol evidence. Such evidence must be clear, strong, unequivocal and unmistakable and must clearly establish the fact of the payment by the beneficiary. (Pomeroy’s Eq.

Taylor v. Feinberg

235 Ill. 2d 256 · Illinois Supreme Court · Sep 24, 2009

This tension is clearly demonstrated by the three opinions of the appellate court. … Similarly, under the Trusts and Trustees Act, “[a] person establishing a trust may specify in the instrument the rights, powers, duties, limitations and immunities applicable to the trustee, beneficiary and others and those

Reynolds v. Mile Grove Special Drainage District

134 Ill. 268 · Illinois Supreme Court · Oct 31, 1890

Section 56 of the Drainage act of 1885 (3 Starr & Curtis, p. 224,) is as follows: “The commissioners, as soon as they are elected or appointed and qualified, shall go upon the land included in said drainage district, and … Conceding that no section of the statute expressly confers the power upon drainage commissioners to change a system of drainage once adopted, we think that power clearly exists by implication.

People v. Leach

980 N.E.2d 570 · Illinois Supreme Court · Nov 29, 2012

There is not a “category of witnesses, helpful to the prosecution, but somehow immune from confrontation.” … July 18, 2012) (rejecting Crawford claim in habeas petition on basis that Crawford did not clearly establish that autopsy results are testimonial in nature and that even under Melendez-Diaz, the answer to this

Price v. Philip Morris, Inc.

Illinois Supreme Court · Dec 15, 2005

In the end, the order allowed the use of the words “ ‘low,’ ‘lower,’ or ‘reduced’ or like qualifying terms,” so long as the tar and nicotine content of the cigarette being advertised was clearly and conspicuously disclosed … While not condemning the use of agency adjudicative proceedings to establish agency policy, the court’s own quotations clearly evince a FTC preference for formal rulemaking. Slip op. at 58-59.

Thomas v. Khoury

454 Ill. Dec. 645 · Illinois Supreme Court · Dec 16, 2021

Making a particular type of third-party act a superseding cause as a matter of law would be a departure from the well- established, common-law rule that “[p]roximate cause is ordinarily a question of … Moreover, the opinion relies on a poorly constructed and clearly distinguishable hypothetical to support its questionable analysis.

Adams v. Northern Illinois Gas Co.

Illinois Supreme Court · Apr 1, 2004

Instead, call a qualified service agency of NI-Gas to make the inspection.” … Sarelas clearly leaves open the existence of common law duties had the plaintiff been able to plead them.

Varelis v. Northwestern Memorial Hospital

167 Ill. 2d 449 · Illinois Supreme Court · Oct 26, 1995

Clearly, the amendment at issue here was made in response to the appellate court’s holding below and was designed to make explicit the operation of the Act in the circumstances of this case. … proposed by the plaintiffs, settlement of a personal injury action would not bar a subsequent wrongful death action arising from the same accident, and defendants could thus be forced to relitigate claims that, in reliance on established

Weston v. Markgraf

328 Ill. 576 · Illinois Supreme Court · Feb 24, 1928

The canvassing board found that Markgraf received 14,338 votes and Weston 13,412, thus giving a majority of 926, whereupon Markgraf was declared elected sheriff and duly qualified. … In the twenty-fifth election district in Joliet the election was held in an undertaking establishment, the ballot-box and judges being in the front room or office of the establishment and the booths in an adjoining room,

People v. Griffin

Illinois Supreme Court · Sep 11, 1997

This information, read in a commonsense and realistic fashion, clearly established probable cause. Thus, defendant was not entitled to a Franks hearing. … In the present case, counsel's performance was clearly a strategic decision.

People v. Collins

214 Ill. 2d 206 · Illinois Supreme Court · Feb 3, 2005

More importantly, the statute does not contain qualifying language such as might or actually. To endanger means “to bring into danger or peril of probable harm or loss” or “to create a dangerous situation.” … This clearly was not the legislature’s intent.

Wolfer v. Hemmer

144 Ill. 554 · Illinois Supreme Court · Mar 31, 1893

The devise over would, therefore, under the foregoing authorities be void, however clearly expressed. … Pritchard, 121 Ill. 221 , speaking of cases falling within the provisions of the statute, we said: “ In the absence of limiting or qualifying words, it is a fee, but with such words the instrument is to be construed so as

People Ex Rel. Witte v. Franklin

352 Ill. 528 · Illinois Supreme Court · Apr 22, 1933

But this amendment, as is shown by its phraseology and its other related sections, was clearly not intended by the legislature to impair or abrogate the powers and duties otherwise conferred upon the counties of this State … Illinois Central Railroad Co. 246 Ill. 188 , must be noted: “The fundamental principle underlying this division of powers is to be understood in a limited and qualified sense.

People v. Kaczmarek

207 Ill. 2d 288 · Illinois Supreme Court · Oct 2, 2003

The conduct of the defendant in this instance qualifies as exceptionally brutal and heinous behavior indicative of wanton cruelty under any definition. … Nonetheless, having voiced my disagreement previously, I reluctantly concur in today’s opinion only because the doctrine of stare decisis requires that we adhere to established precedent, even if certain members of the court

Greenebaum v. Bornhofen

167 Ill. 640 · Illinois Supreme Court · Jun 8, 1897

According to the established rule, his finding should not be reversed on a question of fact unless it is clearly against the weight of the evidence. The defendants Nick J. … Another witness qualified as an expert of large experience, and testified.that the signatures were genuine.

People v. Morgan

112 Ill. 2d 111 · Illinois Supreme Court · Apr 18, 1986

Plain error clearly is not applicable. See People v. Precup (1978), 73 Ill. 2d 7 ; People v. Pickett (1973), 54 Ill. 2d 280 . … Clearly, the judge informed the defendant that unanimous agreement was required before the death penalty could be imposed.

Spalding v. City of Granite City

415 Ill. 274 · Illinois Supreme Court · Jun 26, 1953

separate-and different property classifications and to establish separate and different rates as the occasion may arise, and stated the connection charge. … The statute is clearly constitutional, not only because it constitutes a proper exercise of the police power, but for the further reason that the legislation sets forth a reasonable classification to carry out the purposes

People v. Villareal

2023 IL 127318 · Illinois Supreme Court · Jan 20, 2023

In addition, proof that the group qualifies as a street gang does not entail proof connecting the possession of the firearm to any of the criminal acts that qualify the group for street gang … Statutes are presumed constitutional, and the party challenging the constitutionality of a statute has the burden of clearly establishing its invalidity. People v. Coty, 2020 IL 123972, ¶ 22.