Case law

People v. Duffie

223 N.E.3d 190 · Appellate Court of Illinois · Aug 4, 2022

To the extent that failure to give notice is injurious to the public, immunizing a defendant from prosecution for escape would only exacerbate the injury. … This reason was clearly race-neutral.

Owner-Operator Independent Drivers Ass'n v. Bower

325 Ill. App. 3d 1045 · Appellate Court of Illinois · Sep 21, 2001

A tax levied only “for the privilege of operating any qualified motor vehicle upon the public highways” is not, by the plain implication of its language, a user fee. … But the benefit directly relating to driving on the Tollway is clearly not the only benefit the owner-operators receive.

People v. Dailing

Appellate Court of Illinois · Aug 5, 2026

He argues this statement laid an inadequate foundation for expert testimony and qualified Cowick’s opinions as “expert-style” testimony. … The court explained the “testimony was based on [the detective’s] personal observations and was helpful to the jury to clearly understand the extent of [the victim’s] injuries and the amount of force required to inflict

People v. Johnson

2020 IL App (1st) 171362 · Appellate Court of Illinois · May 26, 2020

¶ 14 Johnson’s life sentence qualifies him for the protections that Miller affords if he is considered a juvenile. But Johnson was 19 when he committed his offense. … Johnson clearly had the opportunity to present his youthful mitigation argument to the trial court during his sentencing hearing.

McCaffrey v. Village of Hoffman Estates

2021 IL App (1st) 200395 · Appellate Court of Illinois · May 11, 2021

The complaint should be dismissed only if it is clearly apparent that the plaintiff can prove no set of facts that would entitle him to relief. Id. at 349. … The HCFA concluded, and this Court agrees, that ‘Congress clearly did not intend the [Secondary Payer Act] provision for the disabled to extend to retirees and other former employees, since the

Chatz v. Bloom

322 Ill. App. 435 · Appellate Court of Illinois · Apr 6, 1944

power to maintain this action is inherent in his duties and title as Trustee in bankruptcy; that his authority to proceed in a plenary action to reclaim property fraudulently or illegally transferred by the bankrupt, is clearly … So it is only creditors who can avoid fraudulent transfers, although in a qualified sense the debtor still has the title.” (4 Remington on Bankruptcy (4th Ed.) 72.)

Duncan v. Peterson

408 Ill. App. 3d 911 · Appellate Court of Illinois · Dec 30, 2010

We review de novo whether a statement qualifies as constitutionally protected speech under the first amendment. Schivarelli v. CBS, Inc., 333 Ill. App. 3d 755, 760 (2002), citing Dubinsky v. … Manifest weight is defined as that weight which is clearly evident, plain, and indisputable. Anderson v. Beers, 74 Ill. App. 3d 619, 623 (1979).

Huffman v. Huffman

50 Ill. App. 3d 217 · Appellate Court of Illinois · Jul 6, 1977

After motions by both parties asking for the permanent custody of the children and after several temporary orders which attempted to establish an acceptable and workable joint custody plan, the trial court held a lengthy … We agree with plaintiff’s third contention that two of defendant’s witnesses, Irma Crocken and William Curry, were not sufficiently qualified to testify as experts.

Onwentsia Club v. Illinois Property Tax Appeal Board

2011 IL App (2d) 100388 · Appellate Court of Illinois · Jun 16, 2011

To such questions we apply the deferential “clearly erroneous” standard of review. AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill. 2d 380, 391 (2001). … App. 3d 333, 339 (2005) (“Use of land as a golf course is but one use that qualifies as an open-space purpose.”).

People v. Lee

33 Ill. App. 3d 45 · Appellate Court of Illinois · Oct 8, 1975

The defendant disagreed as tó the above figures, but admitted there were people in the establishment. … Tire record clearly shows that the State elected to nolle prosequi the damage to property charge.

Chicago White Sox, Ltd. v. Automobile Mutual Insurance Co.

240 N.E.3d 1153 · Appellate Court of Illinois · Nov 29, 2023

¶ 21 In this case, the sole issue is whether the White Sox plaintiffs qualified as additional insureds under We Clean’s insurance policy. … ¶ 23 In this case, there is no dispute that the language of the insurance policy is clear and unambiguous—it clearly provides coverage for “[a]ny person or organization for whom you are performing

People v. Cundiff

322 Ill. App. 3d 426 · Appellate Court of Illinois · Jun 7, 2001

2) Appointment of experts qualified to assist a defendant who because of a disability is unable to understand the proceedings or communicate with his or her attorney. … Clearly, the plain language of the statute establishes that section 104 — 22 applies to cases where more than medication is needed to make a defendant fit to stand trial.

People v. Keough

2024 IL App (2d) 230400-U · Appellate Court of Illinois · Jan 3, 2024

Defendant does not contest the trial court’s ruling that he was charged with a qualifying offense under section 110-6.1(a)(3) of the Code (725 ILCS 5/110- 6.1(a)(3) (West 2022)). … Proof Of Commission Of A Qualifying Offense ¶ 16 Defendant first argues that the State failed to meet its burden of establishing that the proof is evident or presumption great that he committed the offenses of which he

People v. Rovelstad

281 Ill. App. 3d 956 · Appellate Court of Illinois · Jun 28, 1996

Stanley, Sr., testified that respondent is a religious person, although he does not practice an established religion. … Thus, because the State’s failure to comply with section 3 — 610 appears on the face of the record, and respondent clearly suffered prejudice as a result, we decline to apply waiver in this case.

People v. Simester

Appellate Court of Illinois · Mar 27, 1997

The evidence established that the defendants were the victim's caregivers as contemplated by the statute. … A trial court's determination of whether a witness has been properly qualified as an expert will not be overturned upon appeal unless it was an abuse of discretion. People v. Free, 94 Ill. 2d 378, 410 (1983).

In re J.C.

2020 IL App (2d) 200063 · Appellate Court of Illinois · Jul 6, 2020

the trial court erred when, at the unfitness hearing, it allowed into evidence (1) two GAL exhibits that were irrelevant for the purpose of the unfitness hearing and (2) two guardian ad litem (GAL) exhibits that did not qualify … A determination is against the manifest weight of the evidence only if the opposite conclusion is clearly apparent or the determination is unreasonable, arbitrary, or not based on the evidence.

Peet v. Dolese & Shepard Co.

41 Ill. App. 2d 358 · Appellate Court of Illinois · May 23, 1963

The defendant’s theory is that the plaintiffs failed to establish that the acts of the defendant caused the alleged damage and that the judgment is against the manifest weight of the evidence. … I would qualify my answer, and I don’t know the size of the blast, what it was at the time, but if there was an overcharge of an enormous amount of dynamite, it could or can react in the air as well as the ground.”

People v. Atherton

406 Ill. App. 3d 598 · Appellate Court of Illinois · Dec 16, 2010

Accordingly, as to the constitutionality of section 115 — 10 in light of Crawford, we need not address that issue here because Crawford clearly does not apply to the facts of the instant case. See People v. … Ann Young’s testimony The defendant next complains that Ann Young was not qualified to testify as an expert as to the syndrome.

Fragakis v. SCHILLER PARK POLICE AND FIRE

303 Ill. App. 3d 141 · Appellate Court of Illinois · Feb 11, 1999

Section 3—103 clearly grants the right to amend in those situations where a party has filed a timely complaint but failed to name a police chief or failed to name an individual member of a board where the board was made a … We find the “party of record” analysis unnecessary as to the question of whether a party may be added where the party that a plaintiff seeks to add qualifies for amendment under section 3—103.

Kic v. Bianucci

962 N.E.2d 1071 · Appellate Court of Illinois · Dec 13, 2011

The system was established by a mediation agreement between the parties dated January 10, 2008. … Clearly, the court weighed appropriate factors in making its determination.