Case law

In re Marriage of Winter

Appellate Court of Illinois · Nov 24, 2008

the Pension Administrator in order to enter the qualified domestic relations order." … While the circuit court's contempt powers were clearly 30 No. 1-07-0619 ineffective against Mr.

County of Lake v. First National Bank

68 Ill. App. 3d 693 · Appellate Court of Illinois · Jan 18, 1979

Therefore, all the provisions of that ordinance clearly apply. … In fact, the record reflects that many of the airplanes and objects in the defendant’s museum are considered to be “antiques” by those qualified to appreciate such matters.

People v. Robinson

2023 IL App (2d) 230345-U · Appellate Court of Illinois · Dec 6, 2023

“A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident or if the finding itself is unreasonable, arbitrary, or not based on the evidence presented.” People v. … ¶9 The defendant’s first argument is that the State was required to present more than just the police report to establish clear and convincing evidence of his alleged misconduct.

People v. Summers

291 Ill. App. 3d 656 · Appellate Court of Illinois · Sep 4, 1997

Both are Class X felonies that qualify for mandatory consecutive sentences. See People v. Perkins, 274 Ill. App. 3d 834, 837 , 655 N.E.2d 325, 328 (1995). … The evidence at trial established that Arna’s sole purpose was to shoot and kill his two victims. Arna, 168 Ill. 2d at 113 , 658 N.E.2d at 448 .

Morris v. Williams

Appellate Court of Illinois · Aug 23, 2005

That ATV use was foreseeable does not establish willful and wanton conduct on Wilson's part. … The soybeans standing in and around the hole were clearly visible because the remainder of the field was harvested.

Taylor v. the Carborundum Co.

107 Ill. App. 2d 12 · Appellate Court of Illinois · Feb 20, 1969

To prove the grinding wheel defective, the plaintiffs called as an expert witness a qualified chemist. … It was established that the speed of the 4K model was 4,600 rpm and that a label on the machine warned that it was not to be used with vitrified wheels more than seven inches in diameter.

People v. Henderson

13 N.E.3d 342 · Appellate Court of Illinois · Jun 25, 2014

-5- 2014 IL App (2d) 121219 misconduct lacked factual support; and that he had not established ineffective assistance of trial or appellate counsel … ¶ 31 The State argues that Phillips’ affidavit similarly does not qualify as newly discovered evidence, because he executed it at least four years after the incident for which Phillips had invoked his right to avoid

In Re Estate of Malloy

96 Ill. App. 3d 1020 · Appellate Court of Illinois · May 22, 1981

Clearly, these statutory reporting provisions although procedural (In re Estate of Mackey (1980), 85 Ill. App. 3d 235 , 406 N.E.2d 226 ) are not jurisdictional. … In light of the evidence adduced at trial, the court’s finding that appellant was a disabled person was clearly not against the manifest weight of the evidence.

Szewczyk v. Board of Fire and Police Commissioners of the Village of Richmond, Illinois

Appellate Court of Illinois · Mar 18, 2008

The parties do not dispute that a police chief qualifies as a necessary officer. … The denial of a hearing is properly remedied through mandamus because plaintiff has clearly established that (1) he has a clear right to a hearing before the Commissioners, (2) there is a clear duty on the part of the Commissioners

Duewel v. Lahman

103 Ill. App. 3d 220 · Appellate Court of Illinois · Dec 29, 1981

Its contention in this regard was based on section 3—102 of the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. Stat. 1979, ch. 85, par. 3—102). … In sum, applying either the manifest weight of the evidence or the Fedrick test, we believe the evidence clearly supported the jury’s verdict that both Lahman and the County of Kane were negligent. Pedrick v.

People v. Curry

Appellate Court of Illinois · Jul 28, 2008

Defendant's intervening stay as a guest of the government clearly shows his convictions met the requirements of section 33B-1 of the Act. … That the qualifying offenses here were not part of the same transaction is inherent in the convictions themselves and not like a finding of serious bodily harm, as in Jones, or a racially biased purpose, as in Apprendi

People v. Ramirez

252 N.E.3d 291 · Appellate Court of Illinois · Dec 29, 2023

Thus, all the documents before us establish merger into one count. … As a result, “[m]atters of trial strategy are generally immune from claims of ineffective assistance of counsel.” Smith, 195 Ill. 2d at 188.

People v. Moore

425 Ill. Dec. 908 · Appellate Court of Illinois · Nov 5, 2018

Wingate, 2015 IL App (5th) 130189, ¶ 24, a case upon which defendant expects the State to rely, defendant is not required to establish that he would be entitled to complete exoneration of all crimes to establish … First, as to defendant’s claim of self-defense, the record in this case clearly rebutted that claim.

Rodriguez v. Bagnola

297 Ill. App. 3d 906 · Appellate Court of Illinois · Jun 30, 1998

Second, although Bagnola objected to the Superintendent’s tendering of M.E George as its toxicology expert, we agree with the hearing officer’s decision that George was qualified to testify as an expert in toxicology because … However, this does not amount to absolute immunity from laches. Rather, laches does not apply to the exercise of governmental powers except under “compelling circumstances.”

VETERANS MESSENGER SERVICE, INC. v. Jordan

393 Ill. App. 3d 715 · Appellate Court of Illinois · Aug 3, 2009

The Department responds that Veterans forfeited this argument by failing to raise it in a written objection to Rodgers’ 1993 recommended decision that the couriers did not qualify as independent contractors. … The Department’s ruling that the drivers were employees passed review under the clearly erroneous standard. AFM, 198 Ill. 2d at 408 .

Simmons v. Garces

319 Ill. App. 3d 308 · Appellate Court of Illinois · Feb 7, 2001

Garces possessed the skill and met the standard of care of reasonably well-trained and qualified practitioners practicing in the same or similar circumstances. … To prevail, plaintiffs must establish the opposite conclusion was clearly evident or the special finding was unreasonable and not based on any evidence. Morton v. City of Chicago, 286 Ill.

People v. Davenport

301 Ill. App. 3d 143 · Appellate Court of Illinois · Oct 30, 1998

In this case, Clemons does not dispute that Officer Bloore’s testimony qualifies as expert. … However, the State should not conclude that our decision today approves of the way in which these cases were prosecuted or establishes a precedent for less compelling cases.

Starck v. Saul Ewing Arnstein & Lehr, LLP

2022 IL App (1st) 210680-U · Appellate Court of Illinois · Dec 30, 2022

During this time, Skip recognized his visitors -2- No. 1-21-0680 but “was not able to converse clearly” with them. … If the will is not challenged within this time period, “the validity of the will is established for all purposes.” Id.

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.

People v. Grant

295 Ill. App. 3d 750 · Appellate Court of Illinois · Mar 24, 1998

Moreover, the record clearly shows that the State assumed the burden, where the prosecutor told the trial judge “I assume the burden.” … Block’s testimony, clearly showed that defendant was not a danger to himself or to others, nor was their testimony contradicted by the State. Dr.