Case law

Mahan v. Marion Police Pension Board

2023 IL App (5th) 210426 · Appellate Court of Illinois · Feb 3, 2023

Mahan indicated that if he did not regain feeling in his hand, he did not intend to further qualify with a firearm each year. … Mixed questions of law and fact are reviewed under the clearly erroneous standard. Wade, 226 Ill. 2d at 505.

People v. Beil

76 Ill. App. 3d 924 · Appellate Court of Illinois · Sep 26, 1979

Accuracy of Radar The defendant next argues that the State failed to establish the accuracy of the radar device used by Trooper Hemann. … A review of the defendant’s offer of proof clearly shows that his knowledge of radar and radar devices is beyond that of the average person.

Waterford v. Halloway

142 Ill. App. 3d 668 · Appellate Court of Illinois · Mar 25, 1986

Halloway’s performance never deviated from the standard of care expected of a reasonably well-qualified gynecologist. Rather, Dr. Bouer concluded that Dr. … Clearly, it was proper to permit defendant to explore Dr. Ashley’s assessment of the utility of the cultures.

Schweickart v. Powers

245 Ill. App. 3d 281 · Appellate Court of Illinois · May 11, 1993

According to Woodhaven bylaws, to qualify as a director one must be a member of the association in good standing, 21 years of age and fiscally responsible. … To establish entitlement to a preliminary injunction, plaintiffs must demonstrate that: (1) they possess a certain and clearly ascertainable right which needs protection; (2) they will suffer irreparable harm without the

Travaglini v. Ingalls Health System

Appellate Court of Illinois · Nov 24, 2009

BACKGROUND The following facts were established at trial. … In fact, the jury clearly concluded that the decedent was not monitored while he was eating, despite a history of choking while eating.

People v. Curvin

81 Ill. App. 3d 481 · Appellate Court of Illinois · Feb 27, 1980

The record establishes the defendant was properly admonished as to the consequences of his plea, and defendant has not alleged in his post-conviction petition that his plea was involuntary. … Bogolowski (1927), 326 Ill. 253 , the defendant had an agreement with the prosecutor that he would receive immunity if he testified; defendant served three years in jail instead.

Bowler's, Inc. v. Illinois Liquor Control Commission

97 Ill. App. 2d 403 · Appellate Court of Illinois · Jun 18, 1968

Clearly, such nonevidentiary assertions can hold no sway in this court. … She had, in fact, volunteered information of a corresponding nature relative to her ownership of a liquor establishment in Indiana.

People v. Morris

148 Ill. App. 3d 471 · Appellate Court of Illinois · Sep 5, 1986

As Officer Kocher approached on foot, he was able to see clearly defendant’s face. Defendant dropped the items he was carrying and proceeded to run back towards Main Street. … Defendant argues that Harper was available to the prosecution for cross-examination because the prosecution could have granted Harper immunity or continued defendant’s case until the case against Harper was finalized.

Beverly Bank v. Board of Review of Will County

193 Ill. App. 3d 130 · Appellate Court of Illinois · Feb 15, 1990

The findings of fact contained in the written order of the trial court set forth clearly the history of this action. … In addition, petitioners’ evidence clearly established that Pollack and Weis, each with 28 years’ experience in real estate tax law, were entitled to the “senior litigator” rate of $195 per hour; that Gubbins (a 1975 law

Holsapple v. Casey Community Unit School District C-1

157 Ill. App. 3d 391 · Appellate Court of Illinois · Jun 24, 1987

Here, the allegations in count II were conclusory and failed to establish a duty of supervision by defendant. … Count III is couched in the terms of a duty under section 3 — 102 of the Local Governmental and Governmental Employees Tort Immunity Act.

Reda v. Otero

251 Ill. App. 3d 666 · Appellate Court of Illinois · Oct 20, 1993

Initially, the Department points out that at the time of the establishment of the Fund in 1973 there was no $50,000 limitation (Ill. Rev. … Statements of individual legislators made outside the context of legislative debates are generally immune from the verbal interplay and the presentation of countervailing ideas inherent in the debate process. (Morel v.

People v. 1515 COOLIDGE AVE., AURORA, ILL.

308 Ill. App. 3d 805 · Appellate Court of Illinois · Nov 30, 1999

Those affidavits clearly established probable cause connecting the property to illegal drug transactions. Unlike in $1,124,905 U.S. … Additionally, once the privilege was raised, the State offered immunity from prosecution.

Thompson v. Gordon

356 Ill. App. 3d 447 · Appellate Court of Illinois · Apr 8, 2005

However, we note that West was a criminal case brought by the State, and as such, liberty interests of the defendant were clearly at stake. … App. 3d at 188 ), the State should have engaged the services of an independent and unbiased Illinois fire investigator, perhaps even licensed, rather than a fire investigator who was so clearly intertwined in conflicts of

Teece v. Boyle

345 Ill. App. 88 · Appellate Court of Illinois · Dec 20, 1951

He thereafter qualified and entered upon the.duties of that office and received federal recognition of his appointment as Major General of the Line. … Federal recognition with commission in the National Guard of the United States is established as a requirement for holding commission in the active National Guard of the State of Illinois; the commission of an officer in

People v. Owens

452 Ill. Dec. 290 · Appellate Court of Illinois · Mar 25, 2021

Yet the majority “contextualizes” the law to include in the definition the one thing that has been clearly excluded. … The majority here is clearly overstepping its authority.

The Board of Education of Schaumburg Community Consolidated School District No. 54 v. The Teachers' Retirement System

984 N.E.2d 66 · Appellate Court of Illinois · Jan 7, 2013

The legislature’s use of the word “only” clearly limited the manner in which a school district can employ an administrator. … its Retirement Program would qualify as an exempt grandfathered contract for the same period the collective-bargaining agreement between the District and its teachers’ union qualified for an exemption.

Hightime Entertainment Inc. v. Salustro

59 Ill. App. 3d 289 · Appellate Court of Illinois · Apr 26, 1978

Defendant was a Cook County resident and therefore did not qualify to apply for a renewal of the corporation’s liquor license. … Upon reviewing the record we conclude also that a prima facie case for success on the merits was established.

People Ex Rel. Lindberg v. Memorial Consultants, Inc.

50 Ill. App. 3d 1005 · Appellate Court of Illinois · Jul 29, 1977

As the cited authorities indicate, the statutory construction urged by defendant would emasculate the act and defeat the clearly expressed legislative intent to regulate all prepaid burial contracts. … Liberty implies only the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community. [Citations.]

Frederick v. City of Peoria

203 Ill. App. 486 · Appellate Court of Illinois · Aug 10, 1916

The appellee was 'first appointed as a police officer in November, 1905, and qualified as such officer by giving the bond required by the ordinances of the city, and taking the required oath of office. … It has been clearly settled in this State that the city had no such right. (People v. Bradford, 267 Ill. 486 .)

People v. Tittlebach

324 Ill. App. 3d 6 · Appellate Court of Illinois · Aug 17, 2001

Here, the record establishes that Dr. Jonas had been involved in the treatment and evaluation of juvenile sex offenders from 1985 until 1990. … Here, the trial court clearly indicated that it had sufficient information to make its decision.