Case law

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. Berger

109 Ill. App. 3d 1054 · Appellate Court of Illinois · Nov 1, 1982

Here the court’s finding of guilty was clearly supported by the evidence, and each element of the charge was proved. … [The witness]: I would like to qualify that question before I’m cut off on it. [Mr. McCollum]: There’s no question pending at this time. [The court]: That’s counsel’s job. Do you have any redirect? [Mr.

People v. Chaban

2013 IL App (1st) 112588 · Appellate Court of Illinois · Sep 19, 2013

However, the prosecutor made these remarks in rebuttal only after defense counsel stated in his closing argument, “What we do know is [Dorota] is immunized. She was immunized. … An issue not clearly defined or adequately presented may be deemed waived. Id.

Ganley v. City of Chicago

81 Ill. App. 3d 877 · Appellate Court of Illinois · Feb 26, 1980

The city concludes that the subdivision of the lot and the proposed building of a single-family dwelling on the resulting bulk is clearly in violation of section 7.5 — 1. … That rule, however, is qualified where action is induced by the conduct of municipal officers. ( 21 Ill. 2d 157, 161 ; see also City of Chicago v. Zellers.)

Cellini v. Village of Gurnee

403 Ill. App. 3d 26 · Appellate Court of Illinois · Jul 20, 2010

On June 23, 2009, Wheeling filed a motion to dismiss counts V and VI of the third amended complaints filed by Cellini, the Forshalls and Diamond, by asserting various tort immunity defenses. … These cited cases are clearly inapposite to the case before us.

Panico v. Robinson

23 Ill. App. 3d 848 · Appellate Court of Illinois · Oct 23, 1974

The plaintiff alleged that he was a licensed cosmetologist and on June 1, 1972, had opened a business establishment at 6322 W. … I feel like I am qualified to cut the longer hair.

Ferak v. Elgin, Joliet & Eastern Railway Co.

9 Ill. App. 3d 199 · Appellate Court of Illinois · Dec 1, 1972

This clearly is not the initiation of a new cause of action, rather, it is a continuation of an old one. Thus, this contention of defendant must also fall. … A hypothetical question asked of plaintiffs duly qualified medical witness, a neurosurgeon, created a situation which included the matters brought into evidence.

People v. Hubbard

77 Ill. App. 2d 14 · Appellate Court of Illinois · Oct 28, 1966

In our opinion the record clearly indicates a conscious, intelligent choice on the part of defendant to proceed with his own defense. … You are entitled to a lawyer qualified to handle your case for you. You have had two of them.

Accuracy Firearms, LLC v. Pritzker

225 N.E.3d 728 · Appellate Court of Illinois · Jan 31, 2023

¶ 20 Once the plaintiff establishes a fair question that his or her rights were violated, the plaintiff has also established a fair question that he or she would likely prevail on his claim. Makindu v. … The “party challenging the constitutionality of a statute bears the burden of clearly establishing a constitutional violation.” Id. A court’s finding that a statute is unconstitutional is reviewed de novo. Id.

People v. Dorsey

362 Ill. App. 3d 263 · Appellate Court of Illinois · Dec 1, 2005

Intent to manufacture is clearly a substitute for actual manufacture or delivery. But how is the offense classified, how is the penalty established, when there is no manufacture, only an intent to manufacture? … Without evidence establishing a “substantial step,” defendant cannot be punished for intent to manufacture a greater amount.

People v. Ciconte

102 Ill. App. 2d 1 · Appellate Court of Illinois · Jul 31, 1968

To hold otherwise would permit two or more persons to gain immunity from prosecution on a charge of unlawful possession of narcotics by proving joint possession of the drugs. … and must establish that the narcotics were in the immediate and exclusive control of the defendant.

People v. Dees

46 Ill. App. 3d 1010 · Appellate Court of Illinois · Apr 15, 1977

In Mourning, the State presented a list of witnesses two days before trial and moved to amend this list on the day before trial to include a witness granted immunity that morning. … App. 3d 710, 715 , 329 N.E.2d 262, 265 , where “the clearly deliberate killing of an innocent person after repeated but unsuccessful attempts to frighten him into submitting to a planned robbery” justified a sentence of a

Perkey v. Portes-Jorol

2013 IL App (2d) 120470 · Appellate Court of Illinois · Jan 15, 2014

That occurs where the opposite result is clearly evident or where the jury’s findings are unreasonable, arbitrary, and not based on any of the evidence. Id. … for the defense only where the plaintiff has failed to establish a prima facie case.

Nunez v. Diaz

2017 IL App (1st) 170607 · Appellate Court of Illinois · Jun 12, 2018

“The basic rationale for lessor immunity has been that the lease is a conveyance of property which ends the lessor’s control over the premises, a prerequisite to the imposition of tort liability.” … Nor were the few intermittent repairs made by the prior landlord clearly defined, continuous, or substantial to show control.

Eggimann v. Wise

56 Ill. App. 2d 385 · Appellate Court of Illinois · Nov 19, 1964

There were no eye-witnesses qualified to testify to the occurrence. … Other instructions given in the case clearly set forth the standard and approved rule on the subject of damages as applied to a case where the next of kin are collateral, rather than lineal, since there was clear evidence

White v. The Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago

385 Ill. Dec. 92 · Appellate Court of Illinois · Aug 29, 2014

Second, the circuit court determined that the Board's determination that White's position as a police aide did not qualify for service credit under section 5-214(c) was clearly erroneous as the evidence established White … I would find that the Board’s determination was not clearly erroneous where the Board concluded that White did not qualify for pension credit under section 5-214(c) because she did not show that her prior civilian employment

Murphy-Hylton v. Lieberman Management Services, Inc.

47 N.E.3d 273 · Appellate Court of Illinois · Dec 21, 2015

(West 2010)) provided immunity for defendants. … Northern Illinois Gas Co., 211 Ill. 2d 32, 69 (2004)). " 'Any legislative intent to abrogate the common law must be clearly and plainly expressed, and we will not presume from ambiguous language an intent to abrogate the

Charles v. Wilson

52 Ill. App. 2d 14 · Appellate Court of Illinois · Aug 3, 1964

them to command the newly established districts.” … The Superintendent of Police must have discretionary power to assign members of the Department to duties he believes they are best qualified for.”

People v. Chromik

408 Ill. App. 3d 1028 · Appellate Court of Illinois · Mar 29, 2011

Defendant also acknowledges that KB.’s testimony, in and of itself, establishes he committed an act of sexual conduct. … Qualifying offenses take many forms under section 5—5—3(c), but we are only concerned with those equivalent to a “Class 2 or greater felony.” 730 ILCS 5/5—5—3(c)(2)(F) (West 2008).

Schoon v. Industrial Commission

259 Ill. App. 3d 587 · Appellate Court of Illinois · Mar 25, 1994

This court observes that "[t]he manifest weight of the evidence is that which is 'the clearly evident, plain and indisputable weight of the evidence.’ [Citations.] … Conversely, "if an employee is qualified for and capable of obtaining gainful employment without seriously endangering his health' or life, such employee is not totally and permanently disabled.” E.R. Moore Co. v.