Case law

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.

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.

Bonney v. Bonney

151 Ill. App. 221 · Appellate Court of Illinois · Oct 29, 1909

An appellate court has no power to review its own judgments except on a petition for rehearing, presented in accordance with the rules established for that purpose. Reed v. West et al., 70 Ill. 479 ; Ogden v. … The imprisonment in this decree is inflicted clearly as a means to compel plaintiff in error to pay the alimony . provided for in the alimony decree, and not as a punishment for contempt of court.

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

Corneiller v. School District 152½

62 Ill. App. 3d 549 · Appellate Court of Illinois · Jul 5, 1978

It is not clearly established by those witnesses that the bus left Western Avenue and struck plaintiff on the sidewalk west of the road. … This grant of immunity apparently operates in favor of defendant on the patrol boy issue. Also, dismissal of Vandenbil as a codefendant terminates the issue regarding her possible liability.

People Ex Rel. Madigan v. Dixon-Marquette Cement, Inc.

343 Ill. App. 3d 163 · Appellate Court of Illinois · Aug 27, 2003

The Board consists of seven “technically qualified members.” 415 ILCS 5/5(a) (West 2002). In Landfill, Inc. v. … In doing so this court avoids an absurd and unjust result that would defeat the legislature’s obvious and clearly expressed purpose. See Harris, 111 Ill. 2d at 363 .

Southern Illinoisan v. Department of Public Health Opinion text corrected

Appellate Court of Illinois · Mar 28, 2001

As attested by Tom Woolf, metro editor of the Southern Illinoisan, Lee Enterprises, Inc. is the publisher of the most-circulated daily newspaper in the region, and it is uniquely qualified to receive and report on the information … circumstances, the Southern Illinoisan’s stated purpose for the disclosure of the requested information is consistent with the General Assembly’s stated purpose for collecting the data: "(b) It is the purpose of this Act to establish

Dodaro v. Illinois Workers' Compensation Commission

403 Ill. App. 3d 538 · Appellate Court of Illinois · Aug 3, 2010

Claimant testified that after she was injured, she went to the Fraternal Order of Police and was told that she does not qualify for benefits under article 5 of the Illinois Pension Code (Pension Code), the legislation which … “A mixed question is one involving an examination of the legal effect of a given set of facts, that is, where the facts and law are established and the issue is whether the facts satisfy a certain statutory standard.”

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

Hernandez v. Chicago Park Dist.

211 Ill. Dec. 1 · Appellate Court of Illinois · Sep 6, 1995

The standard to be employed by this court in assessing the propriety of a denial of a motion for judgment notwithstanding the verdict is well-established. … The evidence clearly demonstrates that the park district actually created the danger at issue in this case and thus it is absolutely incredible to claim lack of constructive notice as a defense. See Harding v.

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

People v. Jamesson

Appellate Court of Illinois · Apr 23, 2002

Schecht added that he had been qualified to testify in court as a gang expert on 15 to 20 prior occasions. … Inasmuch as defendant is the party challenging the constitutionality of a statute, he bears the burden of clearly establishing the constitutional violation. See Wright , 194 Ill. 2d at 24 ; People v. DePalma , 256 Ill.

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).

People v. Wilke

Appellate Court of Illinois · Aug 15, 2006

The judge qualified him as an expert in clandestine methamphetamine laboratories and, over a defense objection, in methamphetamine generally. … DISCUSSION To prevail on an ineffectiveness claim, a defendant must establish two things: first, that defense counsel=s performance was objectively deficient (i.e., he made errors so serious that he was not functioning

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.

People v. Tonya W.

374 Ill. App. 3d 1036 · Appellate Court of Illinois · Jun 29, 2007

Mother stated that she qualified for the residence because she was homeless. Mother attended Alcoholics Anonymous meetings at the facility. … clearly evident.”

People v. Learn

396 Ill. App. 3d 891 · Appellate Court of Illinois · Dec 4, 2009

Other than establishing the fact that K.O. had a “Tio Jimmy,” defense counsel asked a total of five questions about defendant. … Mere presence and general testimony are insufficient to qualify as the appearance and testimony of a witness.

People v. Jackson

64 Ill. App. 3d 1014 · Appellate Court of Illinois · Sep 21, 1978

It is well settled that the opinion of a qualified physician is sufficient to establish the cause of death. (See People v. … The medical evidence, as stated above, clearly establishes that decedent’s injury was the result of an external force applied to the head area.