Case law

People v. Kucharski

987 N.E.2d 906 · Appellate Court of Illinois · Mar 29, 2013

The State argued that this was clearly done by the defendant with an intent to harass the victim. … Accordingly, language that qualifies as ‘obscene’ under a common or dictionary definition would fall within the meaning of the statute.

Sigcho-Lopez v. Illinois State Board of Elections

2021 IL App (1st) 200561 · Appellate Court of Illinois · Apr 14, 2021

The Board’s application of a rule of law to established or admitted facts is a mixed question of fact and law that will not be disturbed on review unless it is clearly erroneous. Cinkus, 228 Ill. 2d at 210-11. … The payment of legal fees incurred in defense of such allegations by a political committee can, therefore, qualify as an expenditure to defray a reasonable expense of an officeholder in connection with the performance

Grabs v. Safeway, Inc.

395 Ill. App. 3d 286 · Appellate Court of Illinois · Sep 30, 2009

In Smith, our supreme court determined that the defendant park district was not immune under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/2 — 109 (West 2002)) against claims of retaliatory … the law in Illinois, except when the discharge violates a clearly mandated public policy.’ ” Marin v.

People v. Jackson

2024 IL App (1st) 240594 · Appellate Court of Illinois · Jun 24, 2024

At this point, the State’s proffer was sufficient to establish great bodily harm. … A physical beating may qualify as such conduct that could cause great bodily harm. People v. Kinnerson, 2020 IL App (4th) 170650, ¶ 70.

People v. Lee Replaces opinion filed July 20, 2001, and withdrawn

Appellate Court of Illinois · Oct 26, 2001

The evidence clearly established that the defendant did not commit one act of taking property. … The sentencing judge considered the evidence presented in aggravation at the first phase of the sentencing hearing and determined that the State established, beyond a reasonable doubt, that two circumstances qualified the

Alm v. Lincolnshire Police Pension Board

352 Ill. App. 3d 595 · Appellate Court of Illinois · Sep 22, 2004

The defendant’s interpretation envisions a police officer involved in a gun battle, a high-speed car chase, or some other obviously dangerous situation in order to qualify for duty-disability benefits. … Flaintiff established that he incurred a disabling injury in the course of pedaling his bicycle. The real question, therefore, is whether pedaling the bicycle was an act of duty.

Underwood v. City of Chicago

2020 IL App (1st) 182180 · Appellate Court of Illinois · Jun 30, 2020

(West 2018)) and protected by our constitution’s pension protection clause, to select and establish a healthcare plan for its annuitants to participate in. … to receive medicare benefits, or up to a maximum of $21 per month if the annuitant is qualified to receive medicare benefits.

People v. Johnson

121 Ill. App. 3d 358 · Appellate Court of Illinois · Jan 18, 1984

In our opinion, the failure of the prosecution to produce additional witnesses to establish the voluntariness of Johnson’s statement did not rise to the level of plain error. … We agree with Johnson that a construction of the extended-term statute which qualified every murder for the imposition of an extended-term sentence would be improper.

People v. Hall

Appellate Court of Illinois · Sep 3, 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

Gaston v. Founders Insurance Co.

Appellate Court of Illinois · Mar 13, 2006

DiLisio is certainly qualified to talk about repair costs, and given an appropriate amount of homework I suppose he might be qualified to talk about Chicagoland repair … DiLisio is certainly qualified to talk about repair costs, and given an appropriate amount of homework I suppose he might be qualified to talk about Chicagoland repair costs."

People v. Ladd

294 Ill. App. 3d 928 · Appellate Court of Illinois · Mar 11, 1998

The delay that followed is clearly a delay that defendant occasioned. … Clearly, time ran out far in advance of defendant’s October 17, 1995, trial date. Defendant qualified for discharge on the day trial began. However, defendant failed to raise a motion for discharge after the time ran.

Wheeler v. Ellison

124 Ill. App. 3d 852 · Appellate Court of Illinois · Jun 1, 1984

This holding clearly articulates the requirement that the actions of both tortfeasors have contributed to the injuries suffered by the plaintiff. … As the Doyle court stated, “the intent of the contribution statute was to reach anyone who is culpable regardless of whether they have been immunized from a direct tort action by some special defense or privilege.”

Cook Au Vin, LLC v. Mid-Century Insurance Co.

226 N.E.3d 694 · Appellate Court of Illinois · May 24, 2023

A reasonable expectation shall include any expectation recognized by law, including, but not limited to, an expectation derived from a privilege, immunity, or right established by common law, Supreme Court … Burger King Corp., 222 Ill. 2d 422, 429 (2006) (a section 2-615 dismissal is appropriate if it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery).

People v. Austin

116 Ill. App. 3d 95 · Appellate Court of Illinois · Jul 5, 1983

The circuit court judge’s participation in this case is clearly established in the record, and this court does not require further information submitted by way of affidavit, to properly notice the identity of a court officer … where a shoplifter has taken one item of store merchandise from a display (which defendant apparently concedes is a “container” under the statute), and placed that item in her purse, which according to defendant, does not qualify

People v. James B.

327 Ill. App. 3d 743 · Appellate Court of Illinois · Feb 1, 2002

; evidence; determination of damage to child No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified … Clearly the communications and attempts to monitor respondent’s services out of state by Family Advocate establish by a preponderance of the evidence the active efforts required by the ICWA.

Green v. Jackson

Appellate Court of Illinois · Jun 30, 1997

(4) establish procedures for training security guards; (5) supervise Edgar Jackson; (6) investigate whether Jackson was qualified to be a security guard; and (7) prohibit Jackson from working without a uniform while carrying … This erroneous instruction clearly resulted in prejudice to the plaintiffs.

People v. Scott

Appellate Court of Illinois · Dec 3, 1996

We believe that established precedent supports defendant's position, rather than the State's. … When he serves his sentence, he will qualify for the credit if he complies with the conditions of the statute. Defendant's disorderly conduct conviction and sentence therefore are reversed.

People v. Botruff

Appellate Court of Illinois · Jun 6, 2002

Such hearings clearly qualify as "any hearing conduced under [the] Act" and thus invoke rights contained in section 25. We also note that subsection 25(e) itself contravenes the State’s asserted limitation. … In Mathews , the United States Supreme Court established three factors to consider when identifying the dictates of due process in a given case.

In re S.R.

2014 IL App (3d) 140565 · Appellate Court of Illinois · Feb 9, 2015

. ¶ 24 The record establishes the respondent has a mental inability sufficient to preclude her from discharging normal responsibilities. … According to the best interest report, S.R. has clearly bonded with the entire foster family. Further, the foster parents are able to effectively provide for S.R.’s safety and welfare.

Village of Broadview v. Illinois Labor Relations Board

Appellate Court of Illinois · Jun 22, 2010

The Labor Board's resolution of a mixed question of law and fact will be reversed on appeal only when it is clearly erroneous. … "[P]olice employees 4 No. 1-09-1558 qualify as supervisors within the meaning of the Act only if they: (1) perform principal work substantially different than their subordinates;