Case law

People v. Craig

Appellate Court of Illinois · Sep 12, 2002

Orange , 121 Ill. 2d 364 (1988), out supreme court held that section 115-10.1 is constitutional: "[T]he statute [i]s clearly within the legislature's authority. (See People v. … Also, it is clear that the State did not offer to immunize these two witnesses.

Freeman v. Augustine's Inc.

46 Ill. App. 3d 230 · Appellate Court of Illinois · Mar 2, 1977

More than one employer may be liable for the same injury under the Act and, therefore, immune from common law liability. … In this finding, the trial court was clearly in error.

People v. Evans

Appellate Court of Illinois · Dec 15, 2006

Defendant's claim is based upon two specific grounds: (1) the State failed to establish an adequate foundation for Carter's testimony that defendant kicked or stamped Casey and (2) the evidence was insufficient to establish … "Matters of trial strategy are generally immune from claims of ineffective assistance of counsel." People v. Smith, 195 Ill. 2d 179, 188, 745 N.E.2d 1194, 1200 (2000).

Knecht v. Radiac Abrasives, Inc.

219 Ill. App. 3d 979 · Appellate Court of Illinois · Oct 7, 1991

De Franco (1976), 64 Ill. 2d 303 , 356 N.E.2d 32 ), i.e., when an opposite conclusion is clearly evident, or the jury’s findings are unreasonable, arbitrary, and not based upon the evidence. (Marin v. … The types of conduct qualifying for admission as a routine business practice are ministerial acts: mailing, filing, sending notice, and the like. (See M.

Limestone Development Corp. v. Village of Lemont

284 Ill. App. 3d 848 · Appellate Court of Illinois · Sep 25, 1996

The petitioner must establish: (1) a certain and clearly ascertained right in need of protection, (2) irreparable harm without the injunction, (3) absence of adequate legal remedies, and (4) a likelihood of success on the … All easements are limited and qualified by the use that established the prescriptive right. Peters v. Milks Grove Special Drainage District No. 1, 243 Ill. App. 3d 14, 19 , 610 N.E.2d 1385 (1993).

State Farm Fire & Casualty v. Martin

Appellate Court of Illinois · Oct 29, 1996

A comparison of the two complaints and the policy language does not clearly illustrate a lack of coverage. … State Farm argues that while the complaints sound in negli- gence, Martin's involvement in the arson does not qualify as an accident.

The County of Du Page v. Illinois Labor Relations Board

Appellate Court of Illinois · Aug 24, 2007

No appeal was taken of the Board's determination of which deputies qualify as "peace officers" under the Act. … We first consider the well-established principles guiding our review of the issues raised on appeal.

Ko v. City of Chicago

2025 IL App (1st) 221788-U · Appellate Court of Illinois · May 13, 2025

Milwaukee Avenue in Chicago that was “clearly marked for bicycle traffic” (a bike lane) which the city “intended to be used by bicycle traffic.” … ¶ 22 Our supreme court has held that the Tort Immunity Act defines the city’s duty. Alave v.

People v. Barnett

2011 IL App (3d) 90721 · Appellate Court of Illinois · Jun 27, 2011

The prosecutor indicated that she objected to any instruction on a lesser included offense and stated the only offense that would qualify as a lesser included offense would be aggravated robbery (720 ILCS 5/ … However, it is well established that “[t]he waiver rule is one of administrative convenience rather than jurisdiction.” People v. Smith, 106 Ill. 2d 327, 333 (1985).

Cosovic v. Village of Skokie

2022 IL App (1st) 210696-U · Appellate Court of Illinois · Aug 1, 2022

Skokie further argues that, since Cosovic failed to establish actual or constructive notice, it had absolute immunity pursuant to the Tort Immunity Act, 745 ILSC 10/2-201 over the discretionary decisions regarding how … It grants only immunities and defenses.”); Sparks v.

People v. Patterson

392 Ill. App. 3d 461 · Appellate Court of Illinois · Jun 16, 2009

The intrastate detainers statute does not conflict with but somewhat qualifies the speedy-trial statute. Penrod, 316 Ill. App. 3d at 718 . … “This burden includes a demonstration that he caused no delay, which fact must be affirmatively established by the record.” Boyce, 51 Ill. App. 3d at 554 .

Van Hattem v. K Mart Corp.

308 Ill. App. 3d 121 · Appellate Court of Illinois · Sep 30, 1999

that a proper chain of custody could not be established. … K mart also asserts that “every person” in contact with those pills must testify and, since Ernest was clearly unable to testify as to the condition of the pills, they were inadmissible.

People v. Palmer

114 Ill. App. 3d 454 · Appellate Court of Illinois · Apr 28, 1983

The legislature has clearly decided that a blood alcohol test performed by an individual without a permit and not according to certain standards is unacceptable as evidence in a prosecution for driving while under the influence … Although that evidence tends to establish that defendant had been drinking, and that by her own estimation she was intoxicated, a substantial part of the State’s proof on this issue came through the testimony of Dr.

McElroy v. Oswego Fire Protection District

2022 IL App (2d) 210555-U · Appellate Court of Illinois · May 31, 2022

¶ 26 The trial court also found that Veseling was entitled to qualified immunity. … Third, plaintiff argues that the trial court erred in determining that Veseling was entitled to qualified immunity.

People ex rel. Holvey v. Smith

260 Ill. App. 166 · Appellate Court of Illinois · Jan 26, 1931

Co., 184 Ill. 47, 51 , the Supreme Court say: ‘Acts eof legislation by a municipal corporation which establish a permanent rule of conduct or government, and which are to have a continuing force and effect, must be established … If established by ordinance, the offices and salaries could not be changed by resolution.

Sisk v. Williamson County

261 Ill. App. 3d 49 · Appellate Court of Illinois · Apr 13, 1994

At the heart of this dispute is section 3—102(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. Stat. 1991, ch. 85, par. 3—102(a) (now 745 ILCS 10/3—102(a) et seq. (West 1992))). … Clearly, the legislature was aware that pedestrians make use of the highways of this State. This is manifest due to the mere existence of the statute.

In re Detention of Hunter

982 N.E.2d 953 · Appellate Court of Illinois · Jan 9, 2013

Then, after approximately 10 minutes, respondent began speaking more clearly. … To overcome this presumption, a party challenging a statute must clearly establish that it violates the constitution. [Citation.]

Storr v. Storr

329 Ill. App. 537 · Appellate Court of Illinois · Nov 4, 1946

It is established by the weight of authority in this State that mere possession is not enough to establish a gift under the law, and any statements appearing in Martin v. … These circumstances clearly indicate that the defendant Hugo and his wife performed difficult and self-sacrificing services for the deceased during the last months of his life.

People v. Todd K.

371 Ill. App. 3d 539 · Appellate Court of Illinois · Feb 20, 2007

BACKGROUND On June 9, 2006, Robert Fitzgerald filed a petition for the emergency involuntary admission of respondent along with three certificates of qualified professionals stating respondent is subject to involuntary admission … Horstman’s testimony never clearly and convincingly proved that due to respondent’s mental illness, he was reasonably expected to threaten or imminently harm another. Dr.

People v. Lyons

26 Ill. App. 3d 193 · Appellate Court of Illinois · Nov 27, 1974

An included offense means one which is 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 of the offense charged … Nor can there be any question that Griffith’s gun swinging attack was actuated by such a wholly wanton and reckless disregard of human life as to clearly imply an intent to take the life of his victim.