Case law

People v. Leman

95 Ill. App. 2d 212 · Appellate Court of Illinois · May 7, 1968

Clearly, an accused, regardless of ability to pay, enjoys the constitutional guarantee, in State proceedings, to legal representation for his defense. … If from only the basis of common experience, Taylor was competent and qualified to testify as to retail value, particularly inasmuch as nothing was left open to his opinion.

In Re KT

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. … A trial court's finding is against the manifest weight of the evidence if a review of the record clearly demonstrates that the opposite result would be the proper one.

People ex rel. Illinois Society of Orthodontists v. United States Dental Institute, Inc.

57 Ill. App. 3d 1029 · Appellate Court of Illinois · Feb 16, 1978

The Institute cannot qualify under the latter statute since its stockholders are not all dentists; indeed, not even its officers are dentists. … The plaintiff has argued that the evidence clearly showed a dangerous practice, i.e., the diagnosis of malposition without examining the patient.

In re Schmidt

Appellate Court of Illinois · Sep 1, 1998

The court's order also established a visitation schedule for Tom, Mandy (Cindy's daughter, Amanda), and Cindy's other relatives. William timely appeals. … The law clearly permits such a decision by either the guardian or the surrogate, but only if certain criteria are met.

In Re Marriage of Anderson

409 Ill. App. 3d 191 · Appellate Court of Illinois · Mar 31, 2011

In addition, the judgment awarded an equal division of petitioner’s retirement account from McGraw-Hill Publishers pursuant to a qualified domestic relations order. … As discussed previously, his intent with regard to the sale of his property is relatively immaterial, since it is not immune from the court’s consideration in determining the potential sources of funding by either party.

One Equal Voice v. Illinois Educational Labor Relations Board

Appellate Court of Illinois · Sep 26, 2002

Accordingly, we review the Board's decision under the clearly erroneous standard. … Without having considered the appropriate test to the given set of facts, we find that the decision of the Board was clearly erroneous.

People v. Webb

125 Ill. App. 3d 924 · Appellate Court of Illinois · Mar 30, 1984

Finally, the statement clearly relates to the circumstances of the startling occurrence. … Ann. 1397, 1426 , 26 So. 390, 401 , in which a dying declaration made 24 hours previously was held to be an insufficient foundation for establishing the declarant’s belief of his imminent death so as to qualify an identification

People v. Scott

285 Ill. App. 3d 95 · Appellate Court of Illinois · Dec 3, 1996

We believe that established precedent supports defendant’s position, rather than the State’s. … When he serves his sentence, he will qualify for the credit if he complies with the conditions of the statute. Defendant’s disorderly conduct conviction and sentence therefore are reversed.

Chicago Riding Club for use of Klein v. Avery

305 Ill. App. 419 · Appellate Court of Illinois · May 22, 1940

Va. 1917) 251 F. 83 , at pages 128 and 129, the court clearly demonstrates why it holds that inchoate precedural rights are not within the saving clauses of repealing statutes. … 1933 act upon appointment of receivers; it would be to permit the plaintiff a mode of procedure found inexpedient by the state of Illinois, and, as such, repealed; it would be to allow the plaintiff a right ‘accrued or established

People v. Frye

113 Ill. App. 3d 853 · Appellate Court of Illinois · Apr 5, 1983

is established by other credible and substantial evidence, either direct or circumstantial.” … The farmer’s statement clearly was anterior to the arrest; the record is unclear as to when Mrs. Near’s statement was made.

Ellig v. Delnor Community Hospital

237 Ill. App. 3d 396 · Appellate Court of Illinois · Nov 10, 1992

Testimony on plaintiffs’ behalf never established that the baby was alive upon discovery of her existence. … Prejudice also resulted from the failure to provide the jury -with instructions that clearly identified the theories of plaintiffs’ requested relief.

People v. White

2017 IL App (1st) 130882 · Appellate Court of Illinois · Jul 14, 2017

Covey, 34 Ill. 2d 195, 197 (1966) (noting that at least one evaluator must testify in order to establish a prima facie case against the respondent). … White clearly had ample notice long before the commitment hearing.

Kunkel v. P.K. Dependable Construction, LLC

387 Ill. App. 3d 1153 · Appellate Court of Illinois · Feb 13, 2009

After a foundation was established for Mrs. Kunkel to refer to contemporaneous notes she had made over the following months, she testified to a series of calls and attempts by the defendants to correct the problems. … Because a contrary finding is not clearly apparent, we will not disturb the circuit court’s resolution of conflicts in the testimony. The defendants argue that Mr.

Boyce v. Risch

212 Ill. Dec. 800 · Appellate Court of Illinois · Nov 15, 1995

Proper foundation should be established during cross-examination. (People v. Powell (1973), 53 Ill. 2d 465 , 292 N.E.2d 409 .) … The testimony of a qualified witness only needs to assist the trier of fact. (Chem-Pac, Inc. v. Simborg (1986), 145 Ill. App. 3d 520 , 495 N.E.2d 1124 .)

Barber-Colman Co. v. A & K Midwest Insulation Co.

236 Ill. App. 3d 1065 · Appellate Court of Illinois · Nov 13, 1992

The motion stated that suit on the bond was filed February 21, 1991, and that in order to qualify under the terms of the bond A&K must have worked on the construction project after February 21, 1990. … that one or more of them was so clearly unfounded in fact that a trial would be a useless expenditure of limited resources, became obvious. *** *** Summary judgments themselves were first established by statute in England

Cork v. Associated International Insurance Managers, Inc.

58 Ill. App. 2d 331 · Appellate Court of Illinois · Apr 26, 1965

Subsection (1), section 121, clearly states that “this subsection shall not apply to contracts procured by agents under the authority of section 445. . . .” … The bank account established by defendant in its own name carried an additional title designation of “British Commercial Account.”

The Northern League of Professional Baseball Teams v. Del Giudice

2018 IL App (1st) 172407 · Appellate Court of Illinois · May 16, 2019

The trial court did not abuse its discretion in qualifying them to testify as expert witnesses. ¶ 61 E. … “It is well established that the failure to object at trial to an asserted error in jury instructions waives the question.”

People v. Cetwinski

2018 IL App (3d) 160174 · Appellate Court of Illinois · Feb 4, 2019

Yet the court clearly prefaced its smoking-related instructions by stating “I know that some of you want to go outside for a few minutes.” … Rep. 1027, 1028 (King’s Bench) (no immunity when the court was without jurisdiction); Pulliam v.

Timm v. Indian Springs Recreation Ass'n

226 Ill. App. 3d 760 · Appellate Court of Illinois · Mar 19, 1992

Evidence at trial established the following facts surrounding plaintiff’s injury. Plaintiff was golfing with Cochran and two others in a women’s golf league on the premises of Indian Springs. … Plaintiff’s failure to draft the proposed count in a manner that clearly referenced section 388 of the Restatement (Second) of Torts clearly vindicates the court’s inability to perceive its subtle significance.

Nowak v. City of Country Club Hills

406 Ill. App. 3d 837 · Appellate Court of Illinois · Dec 27, 2010

The record establishes the following undisputed facts. … Section 1(d) of the PEDA provides that a disabled employee receiving salary benefits under that statute “shall not be entitled to any benefits for which he would qualify because of his disability under the provisions of the