Case law

Ciacco v. City of Elgin

85 Ill. App. 3d 507 · Appellate Court of Illinois · Jun 25, 1980

While the testimony of Kyser, the plaintiffs’ expert, did clearly express the opinion that certain properties would not be benefited by the special service area, he was testifying as an expert on behalf of the plaintiffs, … and the trial court was not obligated to accept his opinion as establishing a fact.

Mason District Hospital v. Tuttle

61 Ill. App. 3d 1034 · Appellate Court of Illinois · May 12, 1978

The facts of the instant case clearly are unlike those in Hopedale. … Such is clearly not the case here.

People v. Cox

466 Ill. Dec. 844 · Appellate Court of Illinois · Feb 10, 2023

¶ 31 The parties then stipulated that, if called to testify, Pauline Gordon, a forensic scientist with the ISP, would be qualified as an expert in the field of forensic DNA analysis. … Words of agreement are not necessary to establish a common purpose to commit a crime, and accountability may be established through a defendant’s knowledge of and participation in the criminal scheme, even though there

Fisher v. Office of the Illinois Attorney General

457 Ill. Dec. 583 · Appellate Court of Illinois · Mar 12, 2021

Like its federal counterpart, FOIA requires full disclosure unless the desired information is exempted under clearly delineated statutory language. Lieber v. Southern Illinois University, 279 Ill. … For communications with outside consultants to qualify as “intra-agency,” the consultant may not represent independent interests of its own apart from those of the agency. Harwood, 344 Ill.

USX Corp. v. Liberty Mutual Insurance

206 Ill. Dec. 391 · Appellate Court of Illinois · Dec 16, 1994

Any person in whose name more than 25 motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the Director of the Department of Insurance as provided in this Section … Village of Hillside (1986), 114 Ill. 2d 246 , 499 N.E.2d 1307 (membership in intergovernmental risk management pool does not activate waiver of municipal tort immunity). We note that in Southern Home Insurance Co. v.

Gersch v. Dept. of Professional Regulation

Appellate Court of Illinois · Nov 5, 1999

The party challenging the validity of a statute bears the burden of clearly establishing any constitutional invalidity. … The action taken by the Department merely restored him to the license for which he was qualified, that of the lower tier.

First National Bank v. Sanford

83 Ill. App. 58 · Appellate Court of Illinois · Jun 3, 1899

not qualified to testify. … The case presented is a civil suit, devoid of a charge of infamous crime, and in our opinion appellant was required to establish the material issues in the case by a preponderance of the evidence only, and it was error to

Lorenz v. Pledge

2014 IL App (3d) 130137 · Appellate Court of Illinois · Jul 11, 2014

The evidence at trial clearly establishes that defendants' motion for summary judgment should have been granted. … Regardless, this deputy did what any reasonably qualified and conscientious police officer would have done faced with the same situation.

INTERN. SURPLUS LINES INS. CO. v. Pioneer Life Ins. Co.

209 Ill. App. 3d 144 · Appellate Court of Illinois · Nov 29, 1990

The law presumes that the insured intended to obtain coverage and that the insurer would have stated all exclusions clearly and specifically. ( Strzelczyk v. … Pioneer disputes the trial court's finding that it did not present sufficient evidence to satisfy the standards in Illinois regarding what must be shown to establish that both the services performed and the charges for those

People v. Rush Opinion text corrected Opinion text corrected (2nd time)

Appellate Court of Illinois · May 11, 2001

we do not believe that the Reddick rule established such a component of basic due process so as to fall within it." … But clearly Reddick and Apprendi deal with similar concerns and concerns that, in our view, are of commensurate gravity." Kizer , 318 Ill. App. 3d at 252 .

In re the Detention of Stanbridge

Appellate Court of Illinois · Mar 30, 2011

Surely, the writ- ten opinion of a qualified expert that a detainee should be discharged meets the prob- able cause standard." Cain, 402 Ill. … See Hardin, 238 Ill. 2d at 49, 932 N.E.2d at 1025 (as long as the evidence establishes a plausible account, probable cause is established).

People v. Moore

2015 IL App (5th) 130125 · Appellate Court of Illinois · Jun 17, 2015

The court found that “Defendant cannot merely make vague or conclusory assertions but must clearly demonstrate his diligent efforts to uncover matters he now claims entitle him to relief,” citing People v. … The defendant’s only recourse was to file a postconviction petition and attempt to establish lack of culpable negligence, but he expressly rejected this option.

People v. Mercado

Appellate Court of Illinois · Sep 25, 2002

FACTS The State's evidence established defendant and co-defendant Audrey Ann Klimawicze lived in the third-floor apartment directly above the apartment where co-defendant's mother, Audrey Virginia Klimawicze, lived. … However, the first sentence of the instruction as well as all of the applicable cases clearly state that all five factors are to be considered and are not mutually exclusive. People v. Gonzalez , 326 Ill.

People v. Bruce

75 Ill. App. 3d 1042 · Appellate Court of Illinois · Aug 29, 1979

The defendant points out that the first sentence of section 110 — 7(g) is qualified by the later sentence that authorizes the court to enter judgment for the amount of bail provided in the bond only if the defendant fails … More importantly, the remarks of the trial court clearly indicate that the court would have set the forfeiture aside had one been declared as the defendant appeared within 30 days and entered a plea of guilty to the initial

Middleton v. Clayton

128 Ill. App. 3d 623 · Appellate Court of Illinois · Nov 7, 1984

It is clearly petitioner’s responsibility to make certain that documents he intends to introduce at hearing are, in fact, provided. … The authority of the State to strictly regulate the medical profession is well established.

Jones v. Rallos

384 Ill. App. 3d 73 · Appellate Court of Illinois · Jun 25, 2008

Although defendant refers to the results as “confusing,” putting the word in quotes as if to suggest that the results were not confusing, the record clearly shows that Damon Labs scored the Western Blot Assay result as indeterminate … Rallos, as an internal-medicine physician, should have been qualified to interpret the results of this test, and that she breached this duty to her patient.”

RMS Insurance Services, Inc. v. Sattler

2023 IL App (4th) 230143-U · Appellate Court of Illinois · Oct 17, 2023

However, as for the rest of the assertions attributed to defendants, the court determined those statements were not clearly truthful. … are not actionable because of a qualified privilege

People v. Brownlee

334 Ill. App. 3d 651 · Appellate Court of Illinois · Oct 16, 2002

The doctors recommended flu shots for all persons around Brianna B. because of her compromised immune system. … We find that overall the record clearly shows that respondent parents maintained interest and concern in Brianna B.

People v. Del Prete

2017 IL App (3d) 160535 · Appellate Court of Illinois · Mar 2, 2018

The court qualified Tucker as an expert in pathology and pediatrics over the State’s objection. … Flaherty comes in as a fully qualified expert in the field of pediatrics and child abuse medicine.

People v. Mayberry

2020 IL App (1st) 181806 · Appellate Court of Illinois · Apr 8, 2021

Johnson, 218 Ill. 2d 125, 139 (2005) (“Clearly, there can be no plain error if there is no error ***.”). … Whether a statement qualifies as an excited utterance is within the discretion of the trial court.