Case law

People v. Abel

468 Ill. Dec. 38 · Appellate Court of Illinois · Feb 22, 2022

to his case would not be able to give him an independent examination because the psychiatrist was an employee of the State and would therefore comply with the Department of Corrections’ desire to find respondent still qualified … “Instead of reversing the appellate court’s ruling, Trainor twice quite clearly stated that a trial court is not required to provide an independent psychiatrist during recovery proceedings under the[Act].”

People v. Reed

2014 IL App (1st) 122610 · Appellate Court of Illinois · Feb 6, 2015

The preceding discussion of Bailey, however, demonstrates that Bailey established a new rule and was not merely an application of the principle established in Smith. … Accordingly, the rule established in Bailey is a new constitutional rule.

People v. McGath

2017 IL App (4th) 150608 · Appellate Court of Illinois · Sep 21, 2017

And if Your Honor does allow her to use that right, the State would probably pursue some kind of immunity, either use or qualified immunity for her. THE COURT: She is not listed as your witness. MR. … To establish a claim of ineffective assistance of counsel, a defendant has the burden to show that his contention satisfies the two-pronged test under Strickland v.

People v. Speed

106 Ill. App. 3d 890 · Appellate Court of Illinois · Jun 2, 1982

While the affidavit does not clearly establish the date when the informant sighted contraband in the defendant’s residence, it is not “so clear as to admit of only the conclusion” that the motion would have been successful … The currency of the police contact with the informant was thus established.

Illinois Fraternal Order of Police Labor Council v. Illinois Local Labor Relations Board

319 Ill. App. 3d 729 · Appellate Court of Illinois · Feb 28, 2001

The agreements establish wages, benefits, and other terms and conditions of employment applicable to all Unit II members. … These conclusions are not clearly erroneous. II.

People v. Collins

63 Ill. App. 3d 843 · Appellate Court of Illinois · Aug 14, 1978

The parties stipulated that if a qualified physician were called he would testify that he had examined the infant, 43 days old, at the hospital emergency ward at approximately 10:30 p.m. that day. … Brown (1972), 52 Ill. 2d 94, 103 , 285 N.E.2d 1 , the supreme court held: “An act of intercourse clearly falls within the scope of the offense of committing indecent liberties with a child; and evidence of sexual intercourse

People v. Adeline E.

307 Ill. Dec. 123 · Appellate Court of Illinois · Nov 17, 2006

An in-home observation was recommended to clearly see the type of relationship Mr. E. had with the children. Dr. Heller opined that Mr. … The evidence offered at the fitness hearing was set forth in detail above and clearly and convincingly established that Mrs.

In re Commitment of Haugen

2017 IL App (1st) 160649 · Appellate Court of Illinois · Dec 22, 2017

She did qualify this admission by saying that he may have avoided being caught. She acknowledged that, unlike Dr. … A response to a special interrogatory is inconsistent with a general verdict only where it is “ ‘clearly and absolutely irreconcilable with the general verdict.’ ” Simmons, 198 Ill. 2d at 555-56.

People v. Stokes

392 Ill. App. 3d 335 · Appellate Court of Illinois · Mar 31, 2009

That was clearly contrary to this court’s holding in Knight, but the inquiry does not end there; a determination of whether the failure to hold an in camera hearing was plain or harmless error must now be made. … In the case at bar, the record establishes that defendant received effective assistance of trial counsel. Defendant was charged by information on December 12, 2006, while he was 20 years old.

McCaley v. Petrovic

253 N.E.3d 1010 · Appellate Court of Illinois · Aug 5, 2024

Waxman’s testimony thus qualifies as proper rebuttal evidence that the plaintiff should have been allowed to disclose and present at trial. … It appears that the plaintiff made no effort to establish actual agency at trial.

Roth v. Meeker

72 Ill. App. 3d 66 · Appellate Court of Illinois · Apr 18, 1979

The final verdict returned in the instant case qualifies as a general verdict, and there were present good and sufficient causes of action to support it. … In examining this contention it is necessary that we set forth some of the facts that were clearly established by the evidence, i.e., the defendant resided on the farm in question until October 17, 1976; he placed his own

Chraca v. U.S. Battery Manufacturing Company

2014 IL App (1st) 132325 · Appellate Court of Illinois · Feb 9, 2015

- 10 - ¶ 33 Applying these principles to the record in this appeal, we find that Chraca has clearly shown that the Chinese manufacturer of the battery … Battery’s senior vice president (Wehmeyer) also completed an affidavit and was deposed. ¶ 34 The Wehmeyer and Steinberg affidavits establish that Yuhuan manufactured the strap in Zhejiang Province, China

Commonwealth Edison Co. v. Illinois Commerce Commission

2019 IL App (2d) 180504 · Appellate Court of Illinois · Jul 22, 2019

. ¶ 37 Further, the Commission found an established precedent of participation by generation facilities outside the service territory of the contracting utility in renewable resource procurement programs … interpretation that these instances of the use of “utility” and “electric utility” do not supplant the more direct and unambiguous definitions found in section 1-10 of the Illinois Power Agency Act, which clearly

Steller v. Miles

17 Ill. App. 2d 435 · Appellate Court of Illinois · Jun 7, 1958

This latter provision establishes that the action shall be maintained by a single representative of the class of persons who qualify as those injured in their means of support. … We think consideration of the whole amendment clearly discloses that in enacting the same, it was the purpose and intent of the legislature to establish a method of uniform procedure in loss of support cases and to place

Alm v. Lincolnshire Police Pension Board

Appellate Court of Illinois · Sep 22, 2004

Plaintiff 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. … In my view, routine police bicycle patrol, without more, does not qualify as a special risk that would entitle plaintiff to line-of-duty disability benefits.

Fischel & Kahn, Ltd. v. Van Straaten Gallery, Inc. modified December 2

Appellate Court of Illinois · Oct 14, 1998

One established example of waiver involves litigation between the attorney and client. … There are emerging, in the Federal decisional law, certain exceptions to 'absolute immunity' of opinion work product.

General Electric Co. v. Illinois Fair Employment Practices Commission

38 Ill. App. 3d 967 · Appellate Court of Illinois · May 18, 1976

After Motorola failed to notify him of the results, he filed a complaint with the F.E.P.C. alleging that he was qualified for the position for which he applied, that he had passed the test, and that he was the subject of … Consequently, Castfflo’s status as an active participant in a “fight,” as opposed to a victim of an “assault,” was clearly in dispute.

Lake County Riverboat L.P. v. Illinois Gaming Board

Appellate Court of Illinois · May 19, 2000

The Board did not appeal Judge Goshgarian's venue order, though it clearly had the right to seek leave to appeal. See 166 Ill. 2d R. 306(a)(4). … Plaintiff first contends that Judge Walter's venue ruling was erroneous because Judge Walter failed to adhere to the conditions of intervention established by Judge Goshgarian.

Continental Mobile Telephone Co. v. Chicago S M S a Ltd. Partnership

225 Ill. App. 3d 317 · Appellate Court of Illinois · Feb 7, 1992

Because plaintiff actually achieved a negative net activation of 211 lines, it qualified only for the standard reseller discount of 23.5%. … It is well established that a court may not rewrite a contract to suit one of the parties, and that when the terms are clear and unambiguous, they must be enforced as written. (Michigan Avenue National Bank v.

Pink v. Dempsey

350 Ill. App. 405 · Appellate Court of Illinois · Jun 30, 1953

We clearly think the latter. In the Winger case, supra, the court said, p. 492: “We feel that section 2 refers to evidence upon the trial of a cause. … This is in effect urging the setoff of what appears to be a tactical advantage against a long established statutory policy. The pretrial discovery proceeding was open to claimant.