Case law

D.H. v. Chicago Housing Authority

319 Ill. App. 3d 771 · Appellate Court of Illinois · Mar 1, 2001

Finally, even assuming defendants could establish, by utilizing unprivileged material, that a mentally impaired sibling was not exposed to lead, defendants would still have to establish that any such impairment was not the … (West 1998)), access to school student records is limited, and unless a party qualifies for their release under one of several statutory exceptions, access will be denied.

People v. Jones

2023 IL App (4th) 220721-U · Appellate Court of Illinois · Aug 22, 2023

Blackmon entered the immunity agreement so he would not be charged with murder. … Palmer, 162 Ill. 2d 465, 479-480, 643 N.E.2d 797, 803 (1994) (“Errors in judgment or trial strategy do not establish incompetence [citation] ‘even if clearly wrong in retrospect.’ [Citation.]”).

People v. Douglas

356 Ill. Dec. 486 · Appellate Court of Illinois · Nov 23, 2011

Allegations based on established facts should be "liberally construed and taken as true." People v. … We find the supposed telephone call from a taxi driver qualifies as a "fanciful factual allegation."

Stone v. Paddock Publications, Inc.

356 Ill. Dec. 284 · Appellate Court of Illinois · Nov 17, 2011

Doe also contends that the challenged comments were immunized by the Citizen Participation Act (735 ILCS 110/1 (West 2008)). We reverse. ¶ 2 I. … Do some of your own research on your wonderful candidate and you'll quickly discover that she is NOT QUALIFIED to be a trustee.

Harris Trust & Savings Bank v. Abraham-Zwirn

314 Ill. App. 3d 527 · Appellate Court of Illinois · Jun 7, 2000

That is, the trial court should grant a new trial only when the conclusion opposite the verdict is clearly apparent, or the jury’s findings are unreasonable, arbitrary, and lack evidentiary support. … People qualified in their fields stated their views and gave their reasons. Nothing was said that was not grounded somewhere in the evidence.

Wallach v. Billings

161 Ill. App. 317 · Appellate Court of Illinois · Apr 18, 1911

It was not necessary, to justify the action of the court below, that it should be clearly established that the failure of Billings to attend the meetings of the Board of Directors during the entire period from July, 1902, … A temporary receiver had been appointed, who died shortly after qualifying, and a new receiver had been appointed.

De Kalb Bank v. Purdy

166 Ill. App. 3d 709 · Appellate Court of Illinois · Feb 11, 1988

The complaint also alleged that plaintiff had obtained qualified appraisals which indicated the subject security was valued at $1 million less than the debts secured to plaintiff and two senior liens, all of which were currently … App. 3d 433, 441 , 464 N.E.2d 651, 657 (it has long been established that a mortgagor has no right to do any act which would impair the security of the mortgage).)

American Federation of State, County, and Municipal Employees v. State of Illinois

2014 IL App (1st) 130655 · Appellate Court of Illinois · Feb 6, 2015

The Board then found that, in sum, “the evidence sufficiently establishe[d] that Favoriti is a managerial employee.” ¶ 12 C. … We will therefore deem an agency’s decision to be “clearly erroneous” only where we are “ ‘ “left with the definite and firm conviction that a mistake has been committed.” ’ ” Comprehensive Community

Matter of Clark

246 Ill. App. 3d 362 · Appellate Court of Illinois · Jun 24, 1993

The trial judge concluded the need to involuntarily commit respondent was established by clear and convincing evidence. … The evidence must clearly establish a contrary result was proper. Knapp, 231 Ill. App. 3d at 919 , 596 N.E.2d at 1172 .

People v. Jones

2024 IL App (2d) 230534-U · Appellate Court of Illinois · Jan 30, 2024

As to the first factor, although the nature of the offense could support a finding of dangerousness, the legislature clearly did not intend that single factor to be dispositive, or else it would have drafted the statute … That is clearly at odds with the statute’s presumption of eligibility for all defendants, and the plain language of article 110 of the Code indicates that more is required. See People v.

Estate of Ohlman v. Ohlman

197 Ill. Dec. 9 · Appellate Court of Illinois · Feb 22, 1994

Although the record does not clearly indicate whether Hogan remained in court, she said nothing through the remainder of the hearing and effectively provided Ohlman no assistance. Dr. … It did not establish that the court expected the attorney to act as guardian ad litem, too.

National Union Fire Insurance v. Glenview Park District

230 Ill. App. 3d 578 · Appellate Court of Illinois · Jun 2, 1992

Similarly, the endorsement in this case specifically limited Glenview’s coverage to those situations in which the negligent acts or omissions of National Decorating had been established. … Clearly, Glenview was an intended insured under all four policies.

People v. Dalton

98 Ill. App. 3d 902 · Appellate Court of Illinois · Jul 31, 1981

or (b) whose environment is injurious to his welfare or whose behavior is injurious to his own welfare or that of others. (2) This Section does not apply to a minor who would be included herein solely for the purpose of qualifying … The psychiatric testimony presented in this case conclusively established that the children had suffered grievous physical and psychological harm while résiding with respondent and Mr. Dalton.

In re Marriage of Baumgartner

Appellate Court of Illinois · Jun 30, 2008

App. 3d 105, 579 N.E.2d 6 (1991) wherein the court stated, "'[c]ourts have no power to delegate any of their duties unless clearly authorized by law.'" Stribling, 219 Ill. App. 3d at 109, quoting Smallwood v. … It does not expressly qualify under the guidelines set forth in [the California statute], nor do such loans share similar features with those specifically enumerated items designated to qualify as income.

People v. Coulter Modified upon Denial of Rehearing - replaces opinion filed 8/1/03

Appellate Court of Illinois · Oct 10, 2003

Batson itself emphasized that a prosecutor's discriminatory act is not "'immunized by the absence of such discrimination in the making of other comparable decisions.'" Batson , 476 U.S. at 95 , 90 L. … Accordingly, the majority opinion's conclusions that Miller-El adds nothing to the established Batson analysis and that the trial court's analysis on remand was sufficient are clearly erroneous.

People v. Johnson

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

Holman, 2017 IL 120655, ¶ 40. ¶ 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.

People v. Brown

2018 IL App (4th) 160288 · Appellate Court of Illinois · Feb 4, 2019

Defendant contends Judge Clem’s ruling in the instant case was not clearly erroneous and that Judge Difanis failed to give it careful consideration. … not make a showing of either deficient performance or prejudice. ¶ 47 First, decisions as to which witnesses to call or what evidence to present are viewed as matters of trial strategy and “generally immune

Iaccino v. Anderson

406 Ill. App. 3d 397 · Appellate Court of Illinois · Dec 27, 2010

Section 2-622 does not prescribe the form that a written medical report must take and there is nothing in the statute that prevents the author of such a report from qualifying his opinions to make clear that they are preliminary … Franciosi established a causal connection between the three identified pathologies in the mother's placenta and Jonathon's injury.

Coffey v. Hancock

122 Ill. App. 3d 442 · Appellate Court of Illinois · Mar 6, 1984

The evidence established that the day was warm and clear and the pavement was dry. Hancock proceeded west along Cleveland Road to the intersection with Old Wolf Road, and then north. … In such a case, the trial judge, in the exercise of his discretion, may admit accident reconstruction testimony by a qualified expert in addition to eyewitness testimony (Plank v.

Schaffner v. Chicago & North Western Transportation Co.

161 Ill. App. 3d 742 · Appellate Court of Illinois · Sep 23, 1987

Whether or not a witness is qualified as an expert is within the discretion of the trial court. (Sullivan v. Berardi (1980), 80 Ill. App. 3d 417 , 399 N.E.2d 708 .) … The C-clip design, the third form of positive retention developed by Schwinn, was not easy to operate and it did not meet the engineering criteria established by Schwinn.