Case law

People v. Ridgeway

194 Ill. App. 3d 881 · Appellate Court of Illinois · Feb 28, 1990

Allowing leading questions, when examining children of tender years, is clearly within the discretion of the trial court. (People v. Server (1986), 148 Ill. … Even though defendant did not question Crook’s qualifications, we determine that an adequate foundation was presented by the State to establish his expertise.

People v. Peppers

Appellate Court of Illinois · Sep 30, 2004

The trial court's statements do not clearly show an error. Defendant's conviction was "not probationable" in the sense he was ineligible for standard probation. … More importantly, defendant failed to meet his burden to show he qualified for treatment under the Act.

US Bank v. Avdic

2014 IL App (1st) 121759 · Appellate Court of Illinois · Jun 23, 2014

Armstrong also averred that she was familiar with, had been trained on, and was qualified to use the computer software system that maintained the records. … These statements clearly constituted facts based on Armstrong’s personal knowledge, and not mere conclusions.

Battle v. Illinois Civil Service Commission

78 Ill. App. 3d 828 · Appellate Court of Illinois · Nov 13, 1979

Plaintiffs next argue that they initially were subject to suspension of less than 30 days and thus qualified for a presuspension hearing under Department of Personnel Rule 3400. … The record establishes that written charges for discharge, signed by the agency head and accompanied by performance records, were submitted to and approved by the Director of Personnel.

In Re Vanessa C.

316 Ill. App. 3d 475 · Appellate Court of Illinois · Aug 28, 2000

Juvenile court proceedings qualify as special statutory proceedings. In re M.M., 156 Ill.2d at 66 , 189 Ill.Dec. 1 , 619 N.E.2d 702 . … The statute clearly provides a blueprint for a legal process which, by application if not by intent, is adversarial in nature.

In re Marriage of Anderson

Appellate Court of Illinois · Mar 31, 2011

Further, a property owner is qualified to express his opinion of the value of his property by virtue of ownership. American National Bank & Trust Co. v. City of North Chicago, 155 Ill. … As discussed previously, his intent with regard to the sale of his property is relatively immaterial, since it is not immune from the court’s consideration in determining the potential sources of funding by either party

People v. Woodward

7 Ill. App. 3d 607 · Appellate Court of Illinois · Sep 22, 1972

In each of the described mental states the word deprive is qualified with the word permanently. … ‘Permanently deprive’ is defined in Chapter 38, supra, section 15 — 3, and clearly cannot be included within the definition of the term ‘deprive’.

Chicago Land and Trust Company v, United Structural Systems of Illinois, Inc

2022 IL App (2d) 210299-U · Appellate Court of Illinois · Mar 25, 2022

It is impossible for plaintiff[s] to establish a waste claim against [Vann] because [Vann] wasn’t in a position to control the property. … As such, the claims clearly are barred by section 8-101’s statute of limitations, and the court’s dismissal of them with prejudice was proper.

Capital Fitness of Arlington Heights, Inc. v. Village of Arlington Heights

394 Ill. App. 3d 913 · Appellate Court of Illinois · Sep 17, 2009

Rolf Campbell & Associates concluded that the area did not qualify for tax increment financing. … Each of the blighting factors found to be in existence must be (1) present to a meaningful extent so that a municipality may reasonably find that the factor is clearly present within the intent of the Act, and (2) reasonably

Rose v. BD. OF TRUSTEES OF MOUNT PROSPECT

354 Ill. Dec. 572 · Appellate Court of Illinois · Sep 15, 2011

See 40 ILCS 5/3-114.2 (West 2006). ¶ 71 It is well established that an officer does not qualify for a "line-of-duty" disability pension merely because he was injured while on duty. … "Although it is true that the Board's credibility determinations [are to be] afforded considerable weight, they are not immune from review."

In Re Detention of Welsh

393 Ill. App. 3d 431 · Appellate Court of Illinois · Aug 6, 2009

Ostrov did not believe that he was qualified to opine as to whether respondent’s risk of reoffending qualifies as “substantially probable” under the statute. Addressing respondent’s possible release, Dr. … In considering whether murder qualifies as a sexually violent offense under the Act, we find Lieberman instructive.

People v. Smith

253 Ill. App. 3d 443 · Appellate Court of Illinois · Dec 6, 1993

The defendant, a waitress at the establishment, was charged on June 5,1990, with one count of arson. … App. 3d 787, 794 , for the proposition that when evidence is intentionally destroyed, it is not necessary to establish that the defense was prejudiced by the missing evidence.

City of Hurst v. Illinois Commerce Commission

120 Ill. App. 3d 354 · Appellate Court of Illinois · Dec 23, 1983

“Orders of the commission are entitled to great weight, for they arise out of the deliberations of its members, who are much better qualified to interpret the testimony and charts of specialists and technicians. … As such, it is a precise historical figure that once having been established is not subject to change.

People v. Travis

170 Ill. App. 3d 873 · Appellate Court of Illinois · Jun 21, 1988

The record clearly established defendant was repeatedly advised of his rights and repeatedly waived them. … Here the jury received the instruction requiring unanimous verdicts, and it was also polled concerning the verdict, clearly establishing the verdict was unanimous.

People v. Wilcox

33 Ill. App. 3d 432 · Appellate Court of Illinois · Nov 6, 1975

It is also clearly established that where a conviction for rape depends upon the testimony of the complainant it must be clear and convincing or corroborated by other evidence. (People v. … Statements made by a prosecutrix at a time too remote to qualify as a spontaneous declaration are admissible over hearsay objection so long as proof of such statements is limited to the fact that the complaint was made and

City of Park Ridge v. Clarendon American Insurance Co.

2017 IL App (1st) 170453 · Appellate Court of Illinois · Nov 28, 2017

Act (Tort Immunity Act) (745 ILCS 10/6-105, 6-106(a) (West 2004)) and remanded the case for further proceedings. … At trial, Park Ridge was ensnared by its earlier defense that it was entitled to immunity under the Tort Immunity Act (745 ILCS 10/6­ 105, 6-106 (West 2004)) because it had “provided no medical care of any kind, including

Hamer v. Board of Education

140 Ill. App. 3d 308 · Appellate Court of Illinois · Jan 30, 1986

Plaintiff charged, inter alia, that the grade reduction policy (1) deprived her of rights guaranteed by the fourteenth amendment; (2) violated the privileges and immunities clause of the fourteenth amendment; (3) inflicted … Inasmuch as we are not concerned with any first amendment rights, Bigelow clearly has no application in the case at bar.

People v. Baxtrom

61 Ill. App. 3d 546 · Appellate Court of Illinois · May 12, 1978

Hoffman, joined by Sturgeon, then moved to withdraw as counsel for Lofton and defendant, stating: “We have my office representing all three co-defendants, one being given immunity to testify against the other two.” … The requested information was clearly evidence favorable to defendant, particularly in light of his defense theory that Lofton and Washington committed the armed robbery and that Lofton, not he, had shot Stanley Hodges.

Higgins v. Columbia Tool Steel Co.

76 Ill. App. 3d 769 · Appellate Court of Illinois · Sep 18, 1979

The case presented to me is a novel one, principally because it is clear that the Court has already clearly determined that the grievant has a vested right under the Pension Agreement. … I read the Court’s order as establishing the participant’s right to a pension but when I come to the issue of the amount of the pension, which appears to be the only matter referred to me for determination, I find no specific

People v. Hall

352 Ill. App. 3d 537 · Appellate Court of Illinois · Oct 21, 2004

There is no doubt that defendant’s conduct in the instant case clearly falls within the statutory proscription. … We add here as further support for our conclusion our recognition that the statute at issue ensures that only appropriately qualified personnel are to perform the DNA extractions, they must be performed in a medically approved