Case law

People v. Downs

2017 IL App (2d) 121156-C · Appellate Court of Illinois · Oct 20, 2017

Thus, in counsel’s mind Defendant fails to establish error under Strickland’s first prong. … We further suggest that this procedure should conform to that established in Anders v.

People v. Kizer

318 Ill. App. 3d 238 · Appellate Court of Illinois · Dec 26, 2000

Reddick, 123 Ill. 2d 184 (1988), did not qualify for retroactive application under the second exception. Flowers, 138 Ill. 2d at 242 . … But clearly Reddick and Apprendi deal with similar concerns and concerns that, in our view, are of commensurate gravity.

Stearns v. Witt

258 Ill. App. 494 · Appellate Court of Illinois · Aug 27, 1930

This is clearly disclosed by the fourth and sixth paragraphs. … The rule and reason for it are clearly stated in Cambridge v. Rouse, 8 Ves. 12, and substantially adopted in Taylor v. Lucas, 14 N.

Friends for Murray Center Incorporated v. The Department of Human Services

2014 IL App (5th) 130481 · Appellate Court of Illinois · May 21, 2014

Respondents argued the action was barred by sovereign immunity because petitioners wanted to control the discretionary actions of the State, that petitioners lacked standing to seek to modify the terms … We disagree. ¶ 15 In Illinois, a plaintiff need not allege facts to establish standing; it is defendant’s burden to prove lack of standing.

Trygg v. The Illinois Relations Board

2014 IL App (4th) 130505 · Appellate Court of Illinois · Jun 10, 2014

The Board abuses its discretion only where its decision to dismiss the charge is clearly illogical. [Citation.] … Accordingly, we decline to address whether petitioner qualifies for the right of nonassociation under section 6(g) of the Act.

Bank One v. Loeber Motors, Inc.

Appellate Court of Illinois · Nov 10, 1997

By filing its complaint, Bank One sought to enjoin the dealers from repossessing ten vehicles and a declaratory judgment establishing Bank One as the rightful owner of said vehicles. … Clearly, Bank One qualifies as a "merchant" with respect to the transactions at issue here.

People v. Markiewicz

246 Ill. App. 3d 31 · Appellate Court of Illinois · Jun 22, 1993

Paul Schmitz testified for the State in exchange for immunity from prosecution for his involvement in Shelton’s murder and its concealment. … Although these witnesses testified in exchange for immunity from prosecution, their testimony was corroborated by other witnesses who testified that defendant admitted he murdered Shelton.

Land v. Board of Education

Appellate Court of Illinois · Aug 27, 2001

Based upon this unequivocal language, we find that the legislature clearly empowered the Board to lay off "employees." … See Webster's Third New International Dictionary 1955 (1981) (defining "right" as "a power, privilege, or immunity vested in one (as by authority or social custom)").

Carpetland U.S.A., Inc. v. Department of Employment Security

319 Ill. App. 3d 1068 · Appellate Court of Illinois · Nov 9, 2000

Lawson stated that he advertised for a full- or part-time helper and hired a few, but had to fire them because they were not sufficiently qualified. … As such, the Illinois Supreme Court held that a clearly erroneous standard of review applied.

Knorst v. State Universities Civil Service System

325 Ill. App. 3d 858 · Appellate Court of Illinois · Sep 4, 2001

We further note that counsel’s letter of February 20, 1995, certainly qualifies as a formal request for review of the action taken on January 3, 1995. … A review of the letter establishes counsel’s attempt to file a formal request for review as suggested by section 250.130(a).

People v. Strange

81 Ill. App. 3d 81 · Appellate Court of Illinois · Feb 11, 1980

The overwhelming evidence in the case clearly established that the victim was fleeing from defendant at the time she was shot by him. … However, the rule is well established that improper remarks by a prosecutor do not constitute reversible error unless they result in substantial prejudice to the accused. (People v.

Denton v. Universal Am-Can, Ltd.

2019 IL App (1st) 181525 · Appellate Court of Illinois · Jun 2, 2020

-2-  established safety standards. She would then either accept or reject his application. … Thus, the jury in this case clearly disagreed with defendants’ oft-stated position that Kallis was the “principal protagonist in the accident.”

Alguire v. Walker

154 Ill. App. 3d 438 · Appellate Court of Illinois · Mar 18, 1987

Alguire’s contention, that because he had dismantled the building “no one could be better qualified” to determine the building’s value, is untenable. … This action is clearly insufficient to support an award of punitive damages.

Jameson v. Williams

2020 IL App (3d) 200048 · Appellate Court of Illinois · Sep 15, 2020

BACKGROUND ¶3 On October 22, 2018, Eric filed a petition to establish a parent-child relationship, parenting responsibilities, and parenting time with A.J. … The minor was due for immunization shots. While in the room, the minor woke up and was upset. Courtney began to breastfeed the minor to soothe her.

Marriage of Blaisdell v. Blaisdell

142 Ill. App. 3d 1034 · Appellate Court of Illinois · Apr 29, 1986

There is a presumption that the legislative enactments are constitutional, with the burden of clearly establishing the contrary on the party that asserts unconstitutionality. Sayles v. … This fundamental failure to interpret correctly section 505(a), as amended by Public Act 83 — 1404, is clearly evident from the legislative history of Public Act 83 — 1404.

Lidecker v. Kendall College

194 Ill. App. 3d 309 · Appellate Court of Illinois · Jan 19, 1990

The evidence clearly shows, however, that plaintiffs were fully informed by Labunski during their sophomore year class in fall 1982. … In addition, Labunski testified that she had been assured by the deans of all Chicago-area master’s programs that a Kendall degree would not bar an otherwise qualified applicant from admission.

Bi-Lo Stations, Inc. v. Village of Alsip

22 Ill. App. 3d 514 · Appellate Court of Illinois · Sep 3, 1974

Thus admitting the authority, under the proper exercise of the police power, to prescribe reasonable closing hours, the plaintiff says the qualifying conditions are absent here. … Having stated that the record here established a valid basis for the exercise of the police power, and there being nothing in the record to establish that the closing hours are arbitrary or unreasonable, we find no reason

City of Chicago v. Department of Revenue

210 Ill. App. 3d 273 · Appellate Court of Illinois · Feb 19, 1991

Here, the City clearly does not own the land. Moreover, the City has no other interest in the land aside from a standard lease agreement which was passed on to it from Kraft. … In holding that the buildings were tax-exempt, the circuit court stated that “the law is well established that property tax assessments can be apportioned to reflect and exclude those portions of the property which are entitled

People v. Lewis

334 Ill. App. 3d 993 · Appellate Court of Illinois · Nov 8, 2002

The clearly savage beating of a child which resulted in an innocent and defenseless child’s death. … Defendant argues the evidence failed to establish this factor.

Doyle v. Shlensky

120 Ill. App. 3d 807 · Appellate Court of Illinois · Dec 30, 1983

Such an extension of liability clearly was not contemplated by Pelham. … The elements necessary to establish medical malpractice are the same as in any negligence action.