Case law

People v. Lundy

334 Ill. App. 3d 819 · Appellate Court of Illinois · Nov 4, 2002

McCurdy would be qualified to testify as an expert in the area of forensic science; that he received *** 6packages of a chunky substance and he tested those 6 packages and found it [sic] to contain 1.06 grams of cocaine. … Furthermore, we find that any motion filed by defendant’s trial counsel to quash defendant’s arrest would have been futile because Officer Bora clearly had probable cause to arrest defendant.

People v. Bradshaw

2020 IL App (3d) 180027 · Appellate Court of Illinois · Dec 8, 2020

In the motion, the State argued that a proper foundation for the text messages could be established through circumstantial evidence. … App. 3d at 172. ¶ 37 A trial court’s ruling on a Batson claim will not be overturned unless is it clearly erroneous. People v. Davis, 233 Ill. 2d 244, 261 (2009).

McKasson v. Zimmer Manufacturing Co.

12 Ill. App. 3d 429 · Appellate Court of Illinois · Jun 8, 1973

Defendants’ expert, qualified both in the fields of metallurgy and mechanical engineering, testified that fracture of the rod occurred as a result of fatigue failure. … The court’s response to the objection clearly stated that it held no: opinion on the evidence.

Norton v. Nicholson

187 Ill. App. 3d 1046 · Appellate Court of Illinois · Aug 30, 1989

communicating the need to replace the ‘Snorkel’ with an aerial ladder; - Several times criticizing the lack of use of apparatus to secure accident scenes; - At least two times criticizing his lack of restriction as to who is qualified … Your letter of January 7, 1985, to Assistant Chief Seivwright, a copy of which is attached, again clearly shows your antagonistic attitude toward superior officers, Mr.

City of Chicago v. Michigan Beach Housing Cooperative

242 Ill. App. 3d 636 · Appellate Court of Illinois · Jan 26, 1993

The record clearly establishes that the trial court’s decision to dismiss counts I through V of the complaint was based on its earlier denial of the city’s motion for a preliminary injunction for the reason that the city … The record clearly establishes that the city requested that its injunction bind the NTC defendants as well as all others.

Williams v. Estate of Cole

393 Ill. App. 3d 771 · Appellate Court of Illinois · Aug 13, 2009

Since petitioner "failed to establish even a threshold basis" for her petition, the trial court here properly denied the petition without transfer of the hearing to another judge. … Therefore, because the statute clearly and unambiguously provides that a judge other than the judge named in the petition shall conduct a hearing to determine whether cause exists to substitute the judge named in the petition

People v. Van Broughton

35 Ill. App. 3d 619 · Appellate Court of Illinois · Jan 23, 1976

Opinion The law with respect to dying declaration has been firmly established in this State. In People v. … For us to modify it,, the sentence must clearly depart from the spirit and requirement of the Illinois Constitution that the punishment imposed reflect both the nature of the offense and the possibilities of rehabilitation

De Foor v. Northbrook Excess & Surplus Insurance

128 Ill. App. 3d 929 · Appellate Court of Illinois · Nov 21, 1984

Summary judgment is properly granted when the pleadings, depositions, and admissions, on file, together with any affidavits, establish that there is no genuine issue as to any material fact and that the movant is entitled … There is clearly no genuine issue as to any material fact.

People v. Coleman

981 N.E.2d 1178 · Appellate Court of Illinois · Dec 24, 2012

[He] is qualified as an expert witness in the identification of controlled substances. … In the first stage, by contrast, “[a] different, more lenient formulation applies” (id.): we apply not the Strickland test but the “ ‘arguable’ Strickland test,” and that qualifier “arguable” is crucial–it is

Stuckey v. Renaissance at Midway

45 N.E.3d 1151 · Appellate Court of Illinois · Dec 18, 2015

Renaissance therefore asked the circuit court to deny plaintiff's motion to compel, as the "applicable statutes and relevant Illinois case law clearly establish that Defendant cannot produce information or documentation … We conclude that they clearly do.

People v. Ligon

Appellate Court of Illinois · Mar 30, 2006

While generally, the question of which witnesses to call to testify is a matter of trial strategy that is immune from claims of ineffective assistance of counsel (People v. … A prior burglary committed in an enclosed space or building, or a Ageneric burglary,@ qualified as a violent felony, however, a burglary committed inside a boat or motor vehicle did not.

Kernats v. Smith Industries Medical Services

Appellate Court of Illinois · Sep 3, 1996

The application is referred to a panel of qualified experts for study and submission of a report and recommendation respecting approval. 21 U.S.C. 360e(c)(2). … Although Congress' desire to promote the development of medical technology was clearly expressed by the passage of the MDA, its legislative history indicates that "any fears regarding regulatory burdens were related more

Illinois Farmers Ins. Co. v. Marchwiany

361 Ill. App. 3d 916 · Appellate Court of Illinois · Oct 28, 2005

Farmers further alleged that: Gonzalez had liability limits of $100,000, which he paid in settlement of defendants' claim; Gonzalez does not qualify as an underinsured motorist under the UIM provision of the Farmers policy … Nothing in the record establishes the existence of a second policy issued to defendants by Farmers.

People v. C.R.H.

251 Ill. App. 3d 102 · Appellate Court of Illinois · Sep 23, 1993

We believe section 1 — 15(b) is constitutionally suspect for a further reason: the new provision qualifies the due process right to notice by mandating waiver if objection to lack of service or inadequate service is not timely … Waiver of a constitutional right is valid only if it is clearly established that there was “an intentional relinquishment or abandonment of a known right.” (Johnson v. Zerbst (1938), 304 U.S. 458, 464 , 82 L.

Boyer v. Buol Properties

2014 IL App (1st) 132780 · Appellate Court of Illinois · Jan 13, 2015

The Quaintance defendant hired the plaintiff to recruit a qualified person for employment as defendant’s controller. Quaintance, 95 Ill. App. 3d at 819. … Thus, under the well-established principle that “ ‘ “[a] party claiming the benefit of an estoppel cannot shut his eyes to obvious facts, or neglect to seek information that is easily accessible, and then charge

Boddie v. Litton Unit Handling Systems

118 Ill. App. 3d 520 · Appellate Court of Illinois · Sep 26, 1983

Stat. 1981, ch. 26, par. 2 — 101 et seq.), the court found (1) the contracts involved were not for the sale of goods and therefore did not come under the purview of article 2 of the UCC; (2) the plaintiff did not qualify … Clearly, Litton is in the business of designing and marketing conveyor systems and clearly Orr was in the chain of distribution.

People v. Risper

2020 IL App (1st) 160707 · Appellate Court of Illinois · Nov 25, 2020

We agree with the State that such argument amounts to an attempt to admit such evidence based on Jillian’s “expert” knowledge of N.S. because she is her mother without having her qualified as an expert … To rebut this presumption, a party challenging a statute must establish clearly that it violates the constitution. People v. Mosley, 2015 IL 115872, ¶ 22.

Illinois Insurance Guaranty Fund v. Nwidor

2018 IL App (1st) 171378 · Appellate Court of Illinois · Aug 24, 2018

According to IIGF, endorsement No. 11 clearly shows that on September 22, 2011, coverage for the subject taxi was transferred to the replacement vehicle. … It is quite established that evidence of custom and usage is only admissible to explain uncertain or ambiguous terms of a contract.

People v. English

403 Ill. App. 3d 121 · Appellate Court of Illinois · Jul 9, 2010

Manifest error is error that is clearly evident, plain, and indisputable. People v. Morgan, 212 Ill. 2d 148, 155 (2004). … Manifest error is error that is clearly evident, plain, and indisputable. Morgan, 212 Ill. 2d at 155 .

People v. Hilton

2024 IL App (2d) 230366-U · Appellate Court of Illinois · Jan 8, 2024

The defendant argues that the synopsis alone was insufficient to establish clear and convincing evidence. This argument is without merit. … A finding is not against the manifest weight of the evidence unless the “opposite conclusion is clearly evident.” Id. ¶ 14 In the present case, the opposite conclusion is not clearly evident.