Case law

People v. Thomas

72 Ill. App. 3d 186 · Appellate Court of Illinois · Apr 30, 1979

The nature of defendant’s sexual attacks, which included an act of sexual intercourse and twice forcing her to perform fellatio, clearly establish the requisite proximity to serve as a sufficient basis for subsequent positive … Where the record establishes sufficient, competent evidence to establish the guilt of defendant beyond a reasonable doubt, error in the admission of evidence will not warrant reversal absent prejudice to the defendant.

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.

Knorst v. STATE UNIV. CIVIL SERVICE SYSTEM

259 Ill. Dec. 76 · Appellate Court of Illinois · Oct 23, 2001

We further note that counsel's letter of February 20, 1995, certainly qualifies as a formal request for review of the action taken on January 3, 1995. … A review of the letter establishes counsel's attempt to file a formal request for review as suggested by section 250.130(a).

Savage v. Mui Pho

312 Ill. App. 3d 553 · Appellate Court of Illinois · Apr 7, 2000

Pho’s motion to dismiss, and in his memorandum in opposition to the motion, plaintiff stated that the matter was clearly an emergency motion, “one prompted by the press of the statute of limitations, permitted under Local … We find that plaintiffs motion for leave to amend reflected the materiality of the amendment and qualified as an emergency motion.

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

O'NEILL v. Brown

242 Ill. App. 3d 334 · Appellate Court of Illinois · Jan 22, 1993

Here no penalties or liabilities are established nor is there any operative language establishing the existence of such easements. … App. 3d 549 , 394 N.E.2d 593 , where the court stated that a continuance should not be denied “where the ends of justice clearly require it.” 75 Ill. App. 3d at 553 .

Cook v. Board of Education

126 Ill. App. 3d 1013 · Appellate Court of Illinois · Jul 18, 1984

Finally he stated that she could not receive credit unless the assistantship experience qualified her for credit with the Teachers Retirement System (TRS). … Section 24 — 8 of the School Code clearly requires that a teacher be given credit for such teaching. (Ill. Rev. Stat. 1981, ch. 122, par. 24 — 8.)

County of Cook v. Licensed Practical Nurses Ass'n

284 Ill. App. 3d 145 · Appellate Court of Illinois · Sep 30, 1996

Accordingly, an agency’s interpretation of a statute should only be overturned if it is clearly erroneous. O’Hare-Midway Limousine Service, Inc. v. Baker, 232 Ill. .App. 3d 108, 111 (1992). … This is a question that the IELRB is uniquely qualified to answer, given its experience and understanding of bargaining in education labor relations.

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. Ogurek

Appellate Court of Illinois · Mar 30, 2005

In sum, defendant has made no attempt to establish that he was prejudiced by the trial court's alleged failure to inquire into his desire for substitute counsel, and it is unlikely that he could. … Such a request is clearly untimely. See People v. Friedman , 79 Ill. 2d 341, 348 (1980). In short, defendant was in a predicament of his own making.

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. Schnoor

2019 IL App (4th) 170571 · Appellate Court of Illinois · Nov 12, 2019

The state failed to establish chain of custody for def’s handwritten statement for the time period of 9:14:31pm to 3. … It must be clearly evident that a harsher sentence resulted from a defendant’s demand for a trial. Id. (citing People v.

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

Konfrst v. Steklik

2014 IL App (1st) 132113 · Appellate Court of Illinois · Aug 11, 2014

Id. ¶ 14 This statute does not “impair or affect the rights, privileges and immunities” of joint tenants when: “[A] deposit in any bank or trust company transacting business in this State has … However, the trial court could have reasonably concluded that such a broad statement did not establish which accounts were used to pay the decedent’s expenses or that this statement established that the decedent

Barr v. Frausto

65 N.E.3d 915 · Appellate Court of Illinois · Oct 13, 2016

only where the pleadings and supporting documents, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue as to any material fact and that the moving party is clearly … The Act grants certain immunities and defenses to achieve that purpose. Id.

In re J.C.

2020 IL App (2d) 200063 · Appellate Court of Illinois · Feb 2, 2021

court erred when, at the unfitness hearing, it allowed into evidence (1) two guardian ad litem (GAL) exhibits that were irrelevant for the purpose of the unfitness hearing and (2) two 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.

People v. Mendoza

2024 IL App (3d) 220363-U · Appellate Court of Illinois · May 3, 2024

¶ 15 The evidence clearly established that defendant was operating a scooter, not a bicycle. Defendant does not even contend that he was operating a bicycle with fully operable pedals. … However, it is evident from its title that the purpose of section 12-201 is to establish when lighted lamps are required while operating a motorcycle or motor vehicle on any highway (id.

The Village of Hazel Crest v. Illinois Labor Relations Board

Appellate Court of Illinois · Sep 26, 2008

This situation typically arises where the historical facts are not in dispute and the issue is whether the established facts satisfy the statutory standard. Cinkus, 228 Ill. 2d at 210. … The Board's decision to the contrary based on the ALJ's findings of fact and conclusions of law is clearly erroneous. Reversed. WOLFSON and R.E.

Harden v. The City of Chicago

1 N.E.3d 1175 · Appellate Court of Illinois · Nov 22, 2013

Act (Tort Immunity Act) (745 ILCS 10/3-102 (West 2008)). … ¶ 36 "Although we are sympathetic to plaintiff's injuries, the Illinois legislature has established a clear public policy to immunize government from the financial burdens of preventing injuries which occur as a result

American Family Mutual Insurance Company v. Tyler

2016 IL App (1st) 153502 · Appellate Court of Illinois · Dec 5, 2016

The elements of a bailment claim are (1) an express or implied agreement to establish a bailment, (2) delivery of the property in good condition, (3) the bailee’s acceptance of the property, and (4) the bailee’s failure … ¶ 17 In Village of Bloomingdale, our supreme court addressed whether a quasi-contract claim qualifies as a claim asserting a public entity’s liability “based on contract” and thus is excepted from the immunity granted