Case law

Moren v. Samuel M. Langston Co.

96 Ill. App. 2d 133 · Appellate Court of Illinois · May 27, 1968

At the close of the offer of proof, defense counsel objected as follows: “First, I object because the man was not qualified as an expert in his field and that particular expert field as established by his own admission, he … From our review of the testimony and the offer of proof, we find that the witness clearly possessed knowledge and experience sufficient to qualify him as an expert.

Board of Trustees v. Burris

144 Ill. App. 3d 867 · Appellate Court of Illinois · May 27, 1986

In their motion, the defendants claimed that the plaintiff’s complaint was barred by the doctrine of sovereign immunity; that the plaintiff had failed to exhaust its administrative remedies before bringing a claim in circuit … The plaintiff observes correctly that community colleges are required by the State to offer free tuition to qualified veterans. (Ill. Rev. Stat. 1985, ch. 126V2, par. 69.1.)

Oakridge Development Co. v. Property Tax Appeal Board

405 Ill. App. 3d 1011 · Appellate Court of Illinois · Sep 17, 2010

However, petitioners by their own admission do not qualify for special treatment under section 10 — 30. … Second, although the legislature removed the recapture provision, it included language that quite clearly indicates an intent that present use and two years’ prior use as a farm were both required to qualify property for

People v. Kane

223 Ill. App. 3d 377 · Appellate Court of Illinois · Dec 31, 1991

According to Canham, defendant spoke clearly on the phone and showed no coordination problems negotiating the stairs to her sorority house. … The State argues defendant did not establish his expert was qualified to provide an opinion about defendant’s alcohol level or that Dr. Schenk’s opinion was based on generally accepted principles.

Maybell v. Illinois Liquor Control Commission

246 Ill. App. 3d 14 · Appellate Court of Illinois · Jun 14, 1993

reason for the denial was that defendants planned to operate a convenience store where package liquor was to be sold and that city policy did not permit Class D liquor licenses to be given to convenience stores or fast-food establishments … In the instant case the Commission was clearly without jurisdiction to review denial of the defendant’s fifth application because there was no license available at that time and no authority appears of record for the proposition

People v. Holveck

171 Ill. App. 3d 38 · Appellate Court of Illinois · May 20, 1988

The record thus fails to establish that the trial court engaged in the careful balancing of interests and the individualized evaluation of factors required to override the defendant’s qualified sixth amendment right to a … Clearly the court erred in permitting such testimony.

Personal Finance Co. v. Meredith

39 Ill. App. 3d 695 · Appellate Court of Illinois · Jun 23, 1976

Defendants also argue that the fact that Personal Finance regularly purchased “qualified” retail installment contracts from the seller, Tri-State Foods, negates the good faith requirement necessary for Personal Finance to … Clearly, waiver of defense clauses are not unconscionable per se, being permitted by the Uniform Commercial Code, the Retail Installment Sales Act and Illinois case law. (Ill. Rev.

People v. Williams

223 Ill. App. 3d 692 · Appellate Court of Illinois · Jan 16, 1992

The trial court was clearly satisfied that J.O. was a credible witness and believable. … Errors in judgment or trial strategy, standing alone, do not establish incompetency. (People v. Murphy (1978), 72 Ill. 2d 421, 437 , 381 N.E.2d 677, 685 .)

People v. Johnson

2019 IL App (1st) 162999 · Appellate Court of Illinois · Feb 4, 2021

. ¶8 The State’s evidence at trial established that defendant, acting as a hit man for drug dealer Marc Norfleet, killed police informant Adam Schultz. … Matters of trial strategy are generally immune from claims of ineffective assistance of counsel.

People v. Blanks

361 Ill. App. 3d 400 · Appellate Court of Illinois · Sep 30, 2005

“A lesser-included offense” is defined as an offense that “ ‘[i]s established by proof of the same or less than all of the facts or a less culpable mental state (or both), than that which is required to establish the commission … Defendant next asserts that the burglary indictment gave him no notice that he qualified for sentencing as a Class X offender or qualified for an extended term.

Krauss v. Champaign News Gazette, Inc.

59 Ill. App. 3d 745 · Appellate Court of Illinois · May 5, 1978

We affirm the action of the trial court and the judgment entered by it for the reasons stated by the trial court and for the additional reason that the article clearly comes within the ambit of the privilege of neutral reportage … DeLaMar declared he has established in questioning staff members that, in any case where the state’s attorney’s office is attempting to have a youngster committed to the Illinois Department of Corrections, it is established

Free Home Building, Loan & Homestead Ass'n v. Edwards

124 Ill. App. 191 · Appellate Court of Illinois · Jan 4, 1906

It is clearly apparent that if this attempt upon the part of the Association to comply with the statute is ineffectual, then the defense of usury is sustained and the decree of the court below is correct. … For many years after the passage of the original act the only way the priority of loans could be established and a contract be made which escaped the usury laws if more than the statutory rate of interest was exacted, was

People v. Bernasco

185 Ill. App. 3d 480 · Appellate Court of Illinois · Jun 27, 1989

After evaluating the defendant, who was attending regular classes at the time, Mattingly concluded that the defendant did not qualify for the Collinsville special education programs. … He agreed that it was unlikely that the defendant could understand words like “interrogate,” “court-appointed attorney,” “intimidation,” “immunity,” or “waiver.”

Village of Glencoe v. Jackson

102 Ill. App. 2d 65 · Appellate Court of Illinois · Oct 30, 1968

It was incumbent upon the defendants to clearly establish that the municipal authorities acted so unreasonably as to overcome the presumption that the ordinance is valid. Village of Millstadt v. … Qualified engineers also testified on behalf of the defendants that the system was adequate.

Arts Club of Chicago v. Department of Revenue

Appellate Court of Illinois · Sep 27, 2002

The Department contends, however, that review of the evidence related to the remaining Korzen factors establishes that the Club did not qualify as an institution of public charity. … clearly and convincingly that it was entitled to an exemption.

Mittelman v. Witous

171 Ill. App. 3d 691 · Appellate Court of Illinois · May 18, 1988

Clearly, the third and fourth type of defamation per se were applicable to count I of plaintiff’s amended complaints. … Rather, it clearly charges plaintiff with responsibility for the financial losses the firm suffered in the Kerr-McGee cases.

Penzin v. Stratton

26 Ill. App. 3d 475 · Appellate Court of Illinois · Feb 3, 1975

The evidence clearly establishes, and the plaintiff apparently concedes, that at the time of the accident Moduthagam was traveling with the green light-and Stratton went through a red light. … Moduthagam was a research physicist, but his attorney never sought to qualify him to give an opinion translating the skidmark length into miles per hour.

Sherman v. City of Springfield

111 Ill. App. 2d 391 · Appellate Court of Illinois · Aug 12, 1969

The instruction clearly misstates the law. … Jenkins was first qualified as an engineer who had numerous years of experience in and about the laying of water pipe and pressure pipe.

US BANK, NA v. Dzis

957 N.E.2d 1183 · Appellate Court of Illinois · Aug 3, 2011

Dzis does not have a fundamental right to have a sheriff, rather than a properly qualified private person, serve process on him, nor does he have a right to have the qualified person who serves him with process chosen by … Our supreme court delineated the principles applicable for statutory interpretation: *1193 "[W]hen the spirit and intent of the legislature are clearly expressed and the objects and purposes of a statute are clearly set forth

People v. Taylor

227 N.E.3d 636 · Appellate Court of Illinois · Jul 21, 2023

“However, an exception to the prohibition against double enhancement occurs where the legislature clearly intends to enhance the penalty based upon some aspect of the crime and that intention is clearly expressed.” … sentencing is also used to establish an element of the present offense.