Case law

People v. Teresa N. S.

341 Ill. App. 3d 876 · Appellate Court of Illinois · Jul 18, 2003

Clearly, this current version of the statute sets forth three separate and distinct grounds upon which parental rights may be terminated. The second and the third grounds specify a time period. … Additionally, the majority’s interpretation runs afoul of several well-established rules of statutory construction.

Reed v. Northwestern Publishing Co.

129 Ill. App. 3d 133 · Appellate Court of Illinois · Nov 30, 1984

Two former officers, Richard Massey and Jack Roland, who were granted immunity from prosecution in exchange for their testimony, admitted that they had taken part in a number of the burglaries. … His presence at two of the businesses that were broken into did not establish, imply, or suggest his complicity in the misconduct.

People v. Pagliuca

119 Ill. App. 3d 906 · Appellate Court of Illinois · Dec 1, 1983

The standard to be applied in this situation raises questions regarding the application of the established rule as stated above. … The standard used by the Cramer court was whether the evidence was clearly intertwined with the negotiation and progress of the conspiracy and did not concern independent and wholly unrelated conduct clearly apart from the

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. Torres

160 Ill. App. 3d 643 · Appellate Court of Illinois · Sep 18, 1987

A finding is against the manifest weight of the evidence where an opposite conclusion is clearly evident from the record. People v. Jacquith (1984), 129 Ill. App. 3d 107, 117 , 472 N.E.2d 107 . … Defendant also contends that the trial court erred in admitting the breathalyzer test results where the State failed to establish that Callahan was qualified as a breathalyzer operator, offering only his oral testimony as

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.

Martinez v. The Cook County Sheriff's Office

89 N.E.3d 995 · Appellate Court of Illinois · Oct 6, 2017

that argument, defendants assert that (1) plaintiff did not state a claim for the assessment of a penalty against defendants under section 35 of the Withholding Act, since plaintiff did not (and could not) establish … The purpose of the section 35 statutory penalty is clearly to punish those who violate the Withholding Act and to deter future violations—not to compensate the recipient of support for the payments that he

Matuszak v. Cerniak

Appellate Court of Illinois · Feb 25, 2004

So he might have a problem with his immune system. *** Q. … ANALYSIS Generally, expert testimony is admissible if the proffered expert is qualified as an expert by knowledge, skill, experience, training, or education and the testimony will assist the trier of fact in understanding

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.

Loncarevic and Associates, Inc. v. Stanley Foam Corporation

2017 IL App (1st) 150690 · Appellate Court of Illinois · Apr 21, 2017

Christie, defendant clearly intended to order and pay for a mass transmission of unsolicited fax advertisements. … Clearly, this record does not contain facts to support defendant’s theory of “sabotage liability.

Auten v. Franklin

404 Ill. App. 3d 1130 · Appellate Court of Illinois · Oct 6, 2010

The existence of a single, individual [ sic ] injury establishes that multiple defendants are jointly and severally liable." (Emphasis added.) … The instructions clearly established that the rights of defendants, Franklin and Nord, are separate and distinct from one another: "The rights of the defendants, Christine Franklin[] and Larry Nord, M.D., are separate and

Kelly v. Retirement Board of the Policemen's Annuity & Benefit Fund

463 Ill. Dec. 227 · Appellate Court of Illinois · May 5, 2022

¶ 19 The Department’s medical records establish that Kelly took a leave for PTSD from October 30, 2017, to March 18, 2018, and this was the only leave he took related to stress. … This court has stated that “[t]o qualify as a prevailing party, a plaintiff must succeed in obtaining some relief from the defendant against whom attorney fees are sought.”

Long v. Mathew

336 Ill. App. 3d 595 · Appellate Court of Illinois · Jan 24, 2003

App. 3d 1057, 1065 , 491 N.E.2d 139, 144 (1986) (deference must be given to the trial court’s findings). “ ‘Abuse of discretion’ means clearly against logic; the question is not whether the appellate court agrees with the … a qualified health-care professional has determined there is reasonable and meritorious cause for filing his action.

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.

Stanila v. Joe

2020 IL App (1st) 191890 · Appellate Court of Illinois · Dec 22, 2020

Therefore, defendant argues that “the motion for reconsideration, which was filed on August 16, 2019, was clearly timely filed and preserved [d]efendant’s right to appeal.” … CONCLUSION ¶ 29 In sum, the record before us does not establish this court’s jurisdiction to consider defendant’s appeal and we must, therefore, dismiss it. ¶ 30 Appeal dismissed.

Environmental Protection Agency v. Pollution Control Board

308 Ill. App. 3d 741 · Appellate Court of Illinois · Nov 19, 1999

If Swenson emitted less than 25 tons of VOM per year, it would qualify for an exemption from the emissions limitation. 35 Ill. Adm. Code § 215.206 (1996). … Illinois State Labor Relations Board, 181 Ill. 2d 191, 204-05 (1998) (holding that when an administrative agency’s decision was a mixed question of fact and law, a reviewing court should apply a “clearly erroneous” standard

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.

Kalalinick v. Knoll

97 Ill. App. 3d 660 · Appellate Court of Illinois · Jun 11, 1981

It was early established in Weisguth v. … or the basis for the opinion; (4) the author’s authority and identity were not established; (5) the document was without relevance; and (6) it failed to qualify as a business record.

People v. Henderson

129 Ill. App. 3d 611 · Appellate Court of Illinois · Dec 13, 1984

The time frame was clearly established. No separate facts were alleged establishing reasonable cause to believe additional conversations would take place. … Clearly, McCarthy was entitled to rely on this firsthand observation by Crockett.” 84 Ill. App. 3d 359, 367 , 405 N.E.2d 809, 816-17 .

Cooper v. Illinois Publishing & Printing Co.

218 Ill. App. 95 · Appellate Court of Illinois · Apr 21, 1920

And, so, it is the law, that, although publishing the truth, without malice, carries with it immunity from prosecution, publication of that which is false entails liability. … Until the contrary is established by evidence, we must assume that the facts set forth in that record speak the truth and that they spoke the truth when the defendant’s reporter consulted them.