Case law

Kic v. Bianucci

2011 IL App (1st) 100622 · Appellate Court of Illinois · Dec 13, 2011

Clearly, the court weighed appropriate factors in making its determination. … Both qualify as marital property and are also encumbered by a federal lien of $3,418,854 due to William’s criminal conviction.

In re Estate of Adames

2020 IL App (1st) 190573 · Appellate Court of Illinois · Oct 20, 2020

In the event that Kyle’s Trust did not qualify, Tempco would “revert to being taxed as a C Corporation, which may have a significant financial impact on the company and its shareholders.” … - 12 -  Under the Act, “ ‘[a] person establishing a trust may specify in the instrument the rights, powers, duties, limitations and immunities applicable

Younge v. Berman

2025 IL App (2d) 240354 · Appellate Court of Illinois · Apr 25, 2025

Younge offers no other argument as to how the statement would qualify as defamation per se. Accordingly, the record establishes that no statements in the cover letter are actionable as defamation per se. … For all of these reasons, the record establishes that the contents of Packet 1 do not include any statements that are defamatory per se. ¶ 42 2.

People v. Ligon

365 Ill. App. 3d 109 · Appellate Court of Illinois · Mar 30, 2006

While generally, the question of which witnesses to call to testify is a matter of trial strategy that is immune from claims of ineffective assistance of counsel (People v. … A prior burglary committed in an enclosed space or building, or a “generic burglary,” qualified as a violent felony; however, a burglary committed inside a boat or motor vehicle did not.

Silver v. Horneck

466 Ill. Dec. 137 · Appellate Court of Illinois · Oct 22, 2021

Saunders “clearly was trusted by [their] parents,” and because in Mr. Horneck’s conversations with him, Mr. … Because it clearly did not, we then consider whether the court had specific jurisdiction over them regarding matters related to the trust. ¶ 35 A.

Hicks v. City of O'Fallon

2019 IL App (5th) 180397 · Appellate Court of Illinois · Aug 29, 2019

Tort Immunity Act) (745 ILCS 10/8-101(a) (West 2016)). … The City argued that Hicks’s argument had “absolutely no merit” because the Illinois General 3 Assembly clearly delineated section 8-101(b) of the Tort Immunity Act to

People v. Campobello

284 Ill. Dec. 654 · Appellate Court of Illinois · May 21, 2004

We reject the Diocese’s attempt to conjure a right to secrecy, and with it immunity from the State’s subpoena power, simply by pointing to the veil it has cast over itself. … The inclusion of “such” is a reincorporation of the preceding definition of “professional character” and “spiritual advisor,” which as we have noted, is qualified by the phrase “in the course of the discipline enjoined by

People v. Farias

187 Ill. App. 3d 879 · Appellate Court of Illinois · Aug 23, 1989

The State argued that, to qualify for post-conviction relief, a petitioner must be “under sentence,” viz., incarcerated or on conditional discharge, probation or parole. … Defendant does not claim that she failed to file a petition during the time required under the Act because the Act is not clearly defined.

People v. Coe

2024 IL App (5th) 240976 · Appellate Court of Illinois · Dec 23, 2024

It was not a benefit of the property; “they actually have to jump through more hoops to qualify to be able to get that.” … Nothing in section 110-6(a) requires the State to provide clear and convincing evidence that defendant committed each element of the subsequent charge or establish probable cause for the subsequent charge.

People v. Falco

2014 IL App (1st) 111797 · Appellate Court of Illinois · Oct 17, 2014

If the defendant fails to establish either prong, his ineffective assistance claim must fail. Strickland, 466 U.S 668. … “Such decisions enjoy a strong presumption that they reflect sound trial strategy, rather than incompetence” and, therefore, are “generally immune from claims of ineffective assistance of counsel.”

People v. Lye

2026 IL App (2d) 250117 · Appellate Court of Illinois · Mar 26, 2026

The three record citations in defendant’s brief following the statement that the camera was “mounted” do not establish that fact either. … That is, the State alleged the same act (oral sex) also qualified as lewd touching, making the same recording twice punishable on two different theories.

Fayette County Hospital v. Reavis

169 Ill. App. 3d 246 · Appellate Court of Illinois · May 12, 1988

Accordingly, the certificate of deposit does not qualify for the exemption set forth in section 12 — 1001(f). … It is well established that an expression of certain exceptions in a statute is construed as an exclusion of all others. (People ex rel. Difanis v. Barr (1980), 83 Ill. 2d 191, 199 , 414 N.E.2d 731, 734 .)

Bowers v. Webb

339 Ill. App. 14 · Appellate Court of Illinois · Oct 31, 1949

Halderman, 342 Ill. 550 .) lYhere a testator, by his will, employs language sufficient to pass title in fee, if it be clearly shoAvn by other clauses or parts of the Avill that he intended to reduce, qualify or cut down the … The Griffiths case has never been cited by the Supreme Court on this proposition, since it was announced in 1902, and even if it be regarded as establishing the point contended for by defendant, it has certainly been overruled

People v. Pursley

469 Ill. Dec. 133 · Appellate Court of Illinois · Dec 28, 2022

The trial court stated that all the experts were qualified, unbiased, and attempting to do their best. … The trial court clearly made credibility determinations.

People v. Crump

319 Ill. App. 3d 538 · Appellate Court of Illinois · Mar 13, 2001

Clearly, a belief is synonymous with an opinion. At trial, defense counsel objected that Collins’ testimony was inadmissible as improper opinion testimony that was a matter for the jury. … In the instant case, the record reflects that Officer Collins was not qualified by the prosecution as an expert witness. Therefore, he was a lay witness.

People v. Barajas

Appellate Court of Illinois · May 15, 2001

Officer Souchet's testimony established that on August 18, 1997, at approximately 11 p.m., he made a traffic stop at 2317 North Milwaukee. … organizational structure of the [gang] was relevant to the State's case in order to demonstrate defendant's possible motive for shooting [the victim], facts about gang rivalries, presentment, graffiti, tattoos, and drug sales clearly

Long v. Mathew

Appellate Court of Illinois · Jan 24, 2003

"'Abuse of discretion' means clearly against logic; the question is not whether the appellate court agrees with the circuit court, but whether the circuit court acted arbitrarily, without employing conscientious judgment, … a qualified health-care professional has determined there is reasonable and meritorious cause for filing his action.

People v. King

4 Ill. App. 3d 942 · Appellate Court of Illinois · Apr 18, 1972

The Court held the confessions merely cumulative evidence of the accused’s guilt, which had been overwhelmingly established by other evidence. … The general rule is that evidence of other crimes is clearly inadmissible. (People v. Battle, 24 Ill.2d 592 , 182 N.E.2d 713 ; People v. Lehman, 5 Ill.2d 337 , 125 N.E.2d 506 .)

People v. Green

218 Ill. App. 3d 71 · Appellate Court of Illinois · Jul 26, 1991

We have interpreted the term “manifest error” to mean error which is clearly evident, plain and indisputable. People v. Sanders, 209 Ill. App. 3d at 373 , 568 N.E.2d at 205 . … As to the deceased’s reputation for carrying a gun, no foundation was shown which qualified Wallace to give reputation testimony on this point.

Miklos v. Caliendo

161 Ill. App. 3d 132 · Appellate Court of Illinois · Sep 24, 1987

Although defendant questions whether Kostur’s background as set forth qualifies him as an expert, we will assume that it does for purposes of the following discussion. … The court’s statements clearly indicate that the basis for granting summary judgment was what the court considered to be the absence of any indication that defendant was negligent, not defendant’s affidavit.