Case law

People v. Ellison

121 Ill. App. 2d 149 · Appellate Court of Illinois · Feb 24, 1970

Here we are not concerned with an “immediate conclusion” but rather, with the ultimate conclusion arrived at after an autopsy by a qualified physician. … Thus, the court clearly informed the jury that it was the State’s burden to prove beyond a reasonable doubt every element of its case, and if it failed to do so, the jury should return a verdict of not guilty.

Boyle v. John M. Smyth Co.

248 Ill. App. 57 · Appellate Court of Illinois · Feb 27, 1928

Boyle’s position but are clearly against it. Other 'cases cited are. clearly distinguishable, as, for instance, Emerson v. … The renunciation of Mary Flynn Smyth was clearly ineffectual because there was nothing upon which it could operate.

Statler v. Catalano

167 Ill. App. 3d 397 · Appellate Court of Illinois · Mar 22, 1988

Dorothy Catalano’s testimony established that she fished at the lake. … It has been held that injunctive relief is an extraordinary remedy, not granted as a matter of course, but only granted after a plaintiff has established the existence of “a certain and clearly ascertainable legal right,

Tully v. McLean

Appellate Court of Illinois · Apr 26, 2011

LPDA was a company established by McLean to hold trusts he established for his children. The children’s trusts owned 99% of LPDA. McLean owned the other 1% and managed LPDA. … With regard to the fifth factor, it found it “clearly established that the harm incurred was the result of intentional malice, trickery or deceit.”

Amoco Oil Co. v. Industrial Commission

218 Ill. App. 3d 737 · Appellate Court of Illinois · Aug 16, 1991

Proctor Anderson,, an orthopedic surgeon, established that he had seen the claimant on March 19, 1981. … However, the medical evidence of whether the claimant’s psychological injury resulted from this accident is clearly conflicting.

Hill v. PS Illinois Trust

368 Ill. App. 3d 310 · Appellate Court of Illinois · Sep 26, 2006

To assert a violation of the Illinois due process clause, a plaintiff must allege a state action deprived him of a protected right, privilege, or immunity. … The dividing line we seek to apply in this case was clearly drawn by the United States Supreme Court in Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478 , 99 L. Ed. 2d 565 , 108 S. Ct. 1340 (1988).

Apple Canyon Lake Property Owners' Ass'n v. Illinois Commerce Comm'n

985 N.E.2d 695 · Appellate Court of Illinois · Mar 5, 2013

It is also true that not everything in the Commission’s record for decision meets these requirements and qualifies as evidence. … Clearly, the legislature intended for the Commission to consider these public comments before deciding the case.

Pisano v. Illinois Workers' Compensation Comm'n

2018 IL App (1st) 172712WC · Appellate Court of Illinois · May 17, 2019

A decision is against the manifest weight of the evidence only if an opposite conclusion is clearly apparent. … Thus, claimant was required to establish that he falls into the odd-lot category.

In re Commitment of Tenorio

2020 IL App (1st) 182608 · Appellate Court of Illinois · May 26, 2021

Immediately after qualifying Dr. … The respondent is clearly interested in sexual contact with young girl’s [sic] and he doesn’t care.

Imperial Apparel, Ltd. v. Cosmo's Designer Direct, Inc.

367 Ill. App. 3d 48 · Appellate Court of Illinois · Jul 31, 2006

Referring to the plaintiffs as the “shameless owners of Empire rags” and their business establishment as a “flea market style warehouse” certainly amounts to vituperative name-calling, but the comments hardly qualify as statements … Clearly, the allegations as to the injuries suffered by the individual plaintiffs are general in nature and fail to satisfy their burden to plead actual damages of a pecuniary nature.

People v. Saleh

2020 IL App (1st) 172979 · Appellate Court of Illinois · Sep 30, 2020

” ¶ 26 The trial court found that “[t]he testimony and the photos clearly support” the Schmitts’ “version.” … In addition, photos taken of her “clearly” showed her injury, while no injury was noted on defendant.

Department of Central Management Services v. Illinois Labor Relations Board, State Panel

382 Ill. App. 3d 208 · Appellate Court of Illinois · Apr 24, 2008

another way, whether the rule of law[,] as applied to the established facts[,] is or is not violated.’ ” AFSCME Council 31, 216 Ill. 2d at 577, 839 N.E.2d at 485, quoting Pullman-Standard v. … We will uphold the Board’s determination of a mixed question of law and fact unless the determination is “clearly erroneous” (AFSCME Council 31, 216 Ill. 2d at 577, 839 N.E.2d at 485), or only if we are “left with the firm

People v. Velez

2012 IL App (1st) 101325 · Appellate Court of Illinois · Mar 22, 2012

Nonetheless, the State may be entitled to rely upon presumptions or inferences in order to establish a defendant’s guilt. Hester, 131 Ill. 2d at 98. … There is no doubt that defendant’s conduct in the instant case clearly falls within the statutory proscription.

People v. Anderson

2024 IL App (1st) 200462-B · Appellate Court of Illinois · Jun 27, 2024

Clearly, this testimony was similar enough to be relevant under the standard in Jackson, 2021 IL 124818, ¶ 34. … Thus, there is no support for the suggestion that defendant’s prior testimony could ever qualify as a judicial admission.

Dudley v. Uptown Nat. Bank of Moline

25 Ill. App. 2d 514 · Appellate Court of Illinois · May 16, 1960

Voss was fond of Pamela Dudley and sometime previous to July 11, 1957, she had established a $60,000 trust fund for Pamela. On July 11,1957, Cede C. … The endorsement qualified, limited, and restrained the authority of the claimed donee in the collection of the money, so as to forbid its payment until the claimed donor’s death.

Akinyemi v. JP Morgan Chase Bank, NA

908 N.E.2d 163 · Appellate Court of Illinois · May 8, 2009

The record in the instant cause clearly demonstrates, and plaintiff outrightly admits, that defendant credited plaintiff's Workplace account with a $100 bonus deposit. … and was told by their managers that the Workplace account qualified for the $100 bonus pursuant to the coupon.

Brynwood Co. v. Schweisberger

393 Ill. App. 3d 339 · Appellate Court of Illinois · Jul 23, 2009

Based upon his review, he established that the fair value of all shares, including those in which Schweisberger had an interest, was $36.15 per share. … The trial court found that Randles, Schweisberger, and Patterson were all qualified to offer opinions of valuation.

People v. Melton

282 Ill. App. 3d 408 · Appellate Court of Illinois · Jul 5, 1996

A statement qualifies as a "spontaneous declaration” when the following factors are established: (1) the occurrence is sufficiently startling to produce a spontaneous and unreflecting statement, (2) there is an absence of … The neglect statute does not clearly require another meaning be given to the term "knowingly.”

People v. Sturgeon

2019 IL App (4th) 170035 · Appellate Court of Illinois · Jul 2, 2019

Further, Hayes’s qualifying his answer by using the adverb “not necessarily” causes additional uncertainty as to what he meant. ¶ 66 Given that the State needed to prove this element of weight beyond a … Second, it is not clearly evident that the trial court imposed a harsher sentence because of defendant’s jury demand.

People v. Robles

314 Ill. App. 3d 931 · Appellate Court of Illinois · Jul 20, 2000

Rabin testified that psychiatrists are not qualified to administer and analyze psychological tests. Additionally, Drs. … It appears defendant was attempting to establish the unreliability of Dr. Hartman’s report through the testimony of Dr.