Case law

People v. Brexton

343 Ill. App. 3d 322 · Appellate Court of Illinois · Sep 19, 2003

App. 3d 937, 951 (1986), a defendant charged with escape under section 31 — 6(c) argued that the police never established “custody.” … The escape statute clearly does not intend such a result. Accordingly, we reject the view advanced in Janis.

Brenczewski v. Forest Preserve District of Will County

2023 IL App (3d) 230061-U · Appellate Court of Illinois · Nov 20, 2023

(745 ILCS 10/2-109, 2-201 (West 2020)), Brenczewski contends that it did not offer sufficient evidence to establish immunity. … Without any evidence in the trial record to satisfy the District’s burden of proving that it qualified for absolute tort immunity, the trial court erred in finding that the District was immunized under section

Conklin Construction Co. v. Walsh

131 Ill. App. 609 · Appellate Court of Illinois · Mar 5, 1907

It failed to inform the jury in plain, ordinary, understandable terms as to the qualifying duty of plaintiff on the occasion in question, in the hazardous position in which he was placed. … He was clearly within the rule. In the case at bar, Walsh was up the tree of his own volition and without any particular instruction.

People v. $52,204.00 United States Currency

252 Ill. App. 3d 778 · Appellate Court of Illinois · Nov 16, 1993

Romeo was qualified as an expert in the area of drug investigations and drug trafficking. Romeo testified it was common for drug dealers to put money in bank accounts in the name of relatives, girl friends and children. … Clearly the evidence the State produced did no more than raise a mere suspicion. There were no illegal items found in the claimant’s house.

People v. Perruquet

41 Ill. App. 3d 543 · Appellate Court of Illinois · Aug 25, 1976

The above law is clearly explained in 24B C.J.S. … merely administrative notice by court to executive department, calling attention to legislative policy that when such sentence is about to expire, question of grace and mercy should be considered and propriety of granting qualified

O'LOUGHLIN v. Village of River Forest

338 Ill. App. 3d 189 · Appellate Court of Illinois · Mar 28, 2003

O’Loughlin asserts that when the legislative history of the Act is reviewed, the term “catastrophic injury” clearly refers to any injury that causes a police officer to take a line-of-duty disability pension. … Does an injury that causes one to be unable to follow a chosen profession qualify as a final event?

Same Condition, LLC v. Codal, Inc.

453 Ill. Dec. 409 · Appellate Court of Illinois · Jun 21, 2021

The court’s order clearly intended to regulate the content of Same Condition and Kumar’s speech, namely any online speech involving Codal. … “Ordinarily, the State’s constitutionally permissible interests are adequately served by criminal penalties imposed after freedom to speak has been so grossly abused that its immunity is 3

Jones v. Board of Education of the City of Chicago

996 N.E.2d 1093 · Appellate Court of Illinois · Jul 30, 2013

Under the deferential review standard, the Board’s final decision must be affirmed unless it is clearly erroneous. ¶ 27 The Board has the power to both establish and enforce standards that protect the Chicago … Clearly, those charges did not arise out of her performance of her teaching assignments.

People v. Cleary

2013 IL App (3d) 110610 · Appellate Court of Illinois · Jan 22, 2014

Stechly, 225 Ill. 2d 246, 279 (2007). ¶ 38 In this case, the parties dispute whether the statements made by MeLisa, the murder victim, qualify as testimonial. … the conversation was to establish a particular fact and not to aid in an ongoing emergency.

People v. Harvey

9 Ill. App. 3d 944 · Appellate Court of Illinois · Jan 18, 1973

In view of defendant’s mother’s testimony as to the defendant’s exact date of birth in the instant case, these two cases are clearly distinguishable. … His argument, in effect, is that the defendant, by virtue of his age, good background, etc., could or did qualify for probation.

People v. B.T.

361 Ill. App. 3d 187 · Appellate Court of Illinois · Sep 23, 2005

Traci Powell, respondent’s treating psychiatrist since March 2002, was qualified as an expert in the field of psychiatry. During therapy, Dr. … Specific intent to hurt the child does not need to be established to prove abuse. In re F.S., 347 Ill. App. 3d 55 , 63 (2004).

People v. Allen

184 Ill. App. 3d 438 · Appellate Court of Illinois · May 23, 1989

The testimony of the witnesses established the following. … In Nathaniel, the State was uncertain whether the facts of the case qualified it for a sentence of death, and if it did, whether such a penalty would be sought.

People v. Nicholls

236 Ill. App. 3d 275 · Appellate Court of Illinois · Sep 30, 1992

This is because he was incarcerated pending the results of other indictments, had admitted being the catalyst behind the act in question, and was promised immunity. … The basis of its application is as follows: “Furthermore, it is well established that where a conversation is related by a witness, the opposing party has a right to bring out all of the conversation on cross-examination.

People v. Craig

334 Ill. App. 3d 426 · Appellate Court of Illinois · Sep 12, 2002

Orange, 121 Ill. 2d 364 (1988), our supreme court held that section 115 — 10.1 is constitutional: “[T]he statute [i]s clearly within the legislature’s authority. (See People v. … In Shockey, when the witness (the defendant’s brother) invoked his fifth amendment rights, the State granted him immunity. The appellate court held: “The defendant claims the immunity order was not proper.

Johnson v. EDWARDSVILLE NAT. BANK & TR.

229 Ill. App. 3d 835 · Appellate Court of Illinois · May 5, 1992

Also without merit is plaintiff’s contention that the banks should be regarded as having owed him a fiduciary duty and, as fiduciaries, they should not qualify as a “third parties” who are entitled to invoke the statute’s … Mark Twain Bank, Clover Leaf, and First Federal Savings and Loan argue, in the alternative, that summary judgment was nevertheless properly granted in their favor on the forgery counts because plaintiff failed to establish

People v. Mancilla

2024 IL App (2d) 230505 · Appellate Court of Illinois · Feb 14, 2024

Here, defendant was charged with qualifying offenses. See id. § 110- 6.1(a)(6)(D), (O) (listing as qualifying offenses armed habitual criminal and the unlawful use or possession of weapons by felons). … Clearly, the court did not err in finding defendant to pose a real and present threat to the safety of the victims and the community.

State Farm Mutual Automobile Insurance v. Short

125 Ill. App. 2d 97 · Appellate Court of Illinois · Jun 22, 1970

However, it is well-established that when it is not practicable to place before the jury all the primary facts in such a way as to enable the jury to form an intelligent conclusion, witnesses who have had means of personal … Clearly these affidavits are admissible to impeach Loren’s testimony and the question of Loren’s credibility is raised. Under these circumstances summary judgment is inappropriate. Cross v.

In Re Marriage of Talty

252 Ill. App. 3d 80 · Appellate Court of Illinois · Nov 22, 1993

Zells quite clearly refers to professional businesses and distinguishes them from other businesses. Zells, 143 Ill. 2d at 255-56 , quoting In re Marriage of Courtright (1987), 155 Ill. … It is well established that the proper date of valuation of a party’s business for purposes of distribution of marital assets is the date of dissolution. (In re Marriage of Morrical (1991), 216 Ill.

People v. Lawson

2015 IL App (1st) 120751 · Appellate Court of Illinois · May 8, 2015

App. 3d 26, 31 (2000). ¶ 33 The circumstances of this case establish that the investigative stop was warranted. … Although defendant asserts the unique shirt he was wearing when he was stopped clearly does not fit the description of the offender, the police knew that the offender had been hiding for a few hours and, like

Broussard v. Huffman Manufacturing Co.

108 Ill. App. 3d 356 · Appellate Court of Illinois · Sep 9, 1982

The reviewing court found no error and stated: “The knowledge required to qualify one as an expert may be obtained from study or experience, or a combination of both [citation], and whether a witness qualifies as an expert … Defendants insist that the uncontroverted evidence established that a spark from friction could not have been the source of ignition.