Case law

People v. Palmer

328 Ill. App. 3d 348 · Appellate Court of Illinois · Mar 12, 2002

The court later added that it did not know whether defendant qualified for an extended term due to a previous felony conviction or “if the injuries are severe enough for this court to consider an extended term sentence. … is unconstitutional for a legislature to remove from the jury the assessment of facts that increase the prescribed range of penalties to which a criminal defendant is exposed and that it is clear that such facts must be established

People v. Shoulder

2025 IL App (5th) 240016 · Appellate Court of Illinois · Aug 27, 2025

Green, 2024 IL App (2d) 220328, for the proposition that a petitioner seeking a COI must establish innocence of only the offense for which he was convicted and imprisoned. … ¶ 34 The State next contends the petitioner is not entitled to a COI because subsection (g)(3) clearly indicates the legislative intent that petitioners seeking a COI must prove their actions as charged in the indictment

People v. Peck

285 Ill. App. 3d 14 · Appellate Court of Illinois · Dec 9, 1996

Whether the statement qualifies as such depends on the particular circumstances in a given case. … Further, the trial court admitted three hearsay statements by J.P. that clearly did not involve a matter or detail pertaining to an act committed contemporaneously against J.P.

Witherell v. Weimer

148 Ill. App. 3d 32 · Appellate Court of Illinois · Jul 17, 1986

The holding in Wright is clearly distinguishable from the present case. … Laird was qualified to testify as to the pharmacological aspects of the present case. However, defendants point out that his testimony pertained to following the recommendations in the PDR.

People v. Clepper

2022 IL App (3d) 190326-U · Appellate Court of Illinois · Jan 11, 2022

A decision as to what theory of defense to present is a matter of trial strategy, which is generally immune from a claim of ineffective assistance of counsel. People v. … The uncontradicted trial testimony and video evidence clearly establish the aggravated battery and, as set forth above, self-defense was not a viable defense.

Aardema v. Fitch

291 Ill. App. 3d 917 · Appellate Court of Illinois · Aug 22, 1997

No action will be dismissed on a motion pursuant to section 2—615 for failure to state a cause of action unless it clearly appears that no set of facts can be proved under the pleadings which will entitle plaintiff to relief … Further, precluding plaintiff from pursuing a contribution cause of action against defendants would lead to the inequitable result that defendants, although responsible for CRW’s failure to remit withheld taxes, are immune

Watts v. ADDO Management, L.L.C.

2018 IL App (1st) 170201 · Appellate Court of Illinois · Apr 30, 2018

Wage Act count. ¶ 22 In coming to this decision, we have considered but are unpersuaded by the defendants’ citation to a passage on the Department of Labor’s website, which they purport affirmatively establishes … The agency’s regulations clearly provide that the plaintiffs need only allege that they did perform work inside the state, which they did. See 56 Ill. Adm. Code 300.440(c) (2014).

People v. Vasquez

327 Ill. App. 3d 580 · Appellate Court of Illinois · Dec 31, 2001

Ivan Flores testified for the State under a grant of use immunity. Flores testified that on January 24, 1997, he was a member of the La Raza gang and was nicknamed “Little Popeye.” … A mere disparity in sentences does not, by itself, establish a violation of fundamental fairness. People v. Caballero, 179 Ill. 2d 205, 216 , 688 N.E.2d 658 ,(1997).

People v. Hieber

258 Ill. App. 3d 144 · Appellate Court of Illinois · Mar 2, 1994

Wall stated further that he personally knew that Detective Sergeant Wick was knowledgeable as to the methods used by illegal bookmakers and that Wick has been qualified in court as an expert in bookmaking operations. … Wall’s surveillance of the Ellsworth residence, and that of his associate officers, yielded nothing but innocent facts, establishing only that the Hiebers likely lived at the address, there was some activity in the basement

People v. Born

113 Ill. App. 3d 449 · Appellate Court of Illinois · Mar 15, 1983

Thus, the second question here is whether defendant has met his burden under Franks for qualifying for the requested evidentiary hearing. … Clearly, this denial does not address the particular allegation it is supposed to refute.

Chicago Tribune v. College of DuPage

2017 IL App (2d) 160274 · Appellate Court of Illinois · Jul 28, 2017

Importantly, not even the College’s own operations would qualify as a governmental function under the rule advocated by defendants. … Similarly, section 7(1)(c) exempts “[p]ersonal information contained within public records, the disclosure of which would constitute a clearly - 12 -  unwarranted

People v. Rodgers

335 Ill. App. 3d 429 · Appellate Court of Illinois · Nov 19, 2002

Johnson and Sylvester did not think that Rodgers was so qualified. … He clearly wanted to inflict pain rather than kill. While his sodden brain certainly lacked any conscience, it still harbored the capacity to act consciously. Rodgers knew what he was doing. He knew that it was wrong.

City of Chicago v. Youkhana

213 Ill. Dec. 777 · Appellate Court of Illinois · Dec 18, 1995

This smacks of a police-state tactic and clearly violates the first amendment rights of the innocent persons. … The ordinance does not qualify the term "loiter" in any way. It is simply the act of loitering by a gang member with others that triggers the ordinance.

Sanders v. City of Springfield

130 Ill. App. 3d 490 · Appellate Court of Illinois · Jan 30, 1985

Under the rational basis test, a legislative classification will be upheld unless it is clearly unreasonable. … The classification is presumed valid, and the burden is upon the party challenging the law to establish its constitutional invalidity. (Jaris v.

People v. Zumot

458 Ill. Dec. 859 · Appellate Court of Illinois · Jun 30, 2021

Zumot’s 45-year sentence “clearly qualifies as de facto life.” … The sentencing judge clearly did not believe Mr.

Maske v. Kane County Officers Electoral Board

234 Ill. App. 3d 508 · Appellate Court of Illinois · Sep 18, 1992

Palmer to be a qualified registered voter of Kane County and accordingly this court finds by the manifest weight of the evidence that the Board’s ruling in this regard was correct.” … The trial court found that the parties had participated in an established political party’s caucus and were statutorily precluded from third-party candidacy.

Hyman-Michaels Co. v. Massachusetts Bonding & Insurance

9 Ill. App. 2d 13 · Appellate Court of Illinois · Dec 6, 1955

Thus, it appears that certain differences in rate as well as coverage between the two policies were clearly observable. … This clearly was of no value. In any event it had a bearing on only one of the necessary elements to make plaintiff’s case and would not be reversible error.

People v. Houston

36 Ill. App. 3d 695 · Appellate Court of Illinois · Feb 27, 1976

Our conclusion is grounded on the well-established principle that “[i]n order to qualify as a person aggrieved by an unlawful search and seizure’ one must have been a victim of search or seizure, one against whom the search … The record before us clearly demonstrates that the trial court violated this principle. Consequently we vacate Houston’s sentence of eight to 24 years and remand the cause as to him so that he may be resentenced.

Kotvan v. Kirk

321 Ill. App. 3d 733 · Appellate Court of Illinois · Mar 30, 2001

A jury’s verdict is against the manifest weight of the evidence if the opposite conclusion is clearly evident or if the jury’s findings are unreasonable, arbitrary and not based upon any of the evidence. Maple v. … In a medical malpractice case, the plaintiff must establish the standards of care against which the physician’s conduct is measured by the use of expert testimony. Knight v. Haydary, 223 Ill.

Lenhart v. Illinois Workers Compensation Commisssion

2015 IL App (1st) 130743WC · Appellate Court of Illinois · May 13, 2015

“For a finding of fact to be against the manifest weight of the evidence, an opposite conclusion must be clearly apparent from the record on appeal.” City of Springfield v. … A person is not entitled to PTD benefits if he is qualified for and capable of obtaining gainful employment without seriously endangering his health or life. Interlake, Inc. v.