Case law

In Re Marriage of Rizzo

95 Ill. App. 3d 636 · Appellate Court of Illinois · Apr 16, 1981

Again, our study of the record fails to establish respondent’s claim. The trial was of a seriously contested nature. Charges and counter-charges, one against the other, abound. … Twelve witnesses, including two highly qualified psychologists testified in the proceedings concerning custody. An abundance of testimony was elicited from the parties and the witnesses.

People v. Jessica M.

385 Ill. App. 3d 894 · Appellate Court of Illinois · Oct 17, 2008

By its terms, section 5 — 4—3(f) (iii) clearly manifests the legislative purpose delineated in the indexing statute. … Clearly, the statute limits the use of its single DNA database to the purposes set forth in the enactment.

Kern v. UREGAS SERVICE OF W. FRANKFORT

90 Ill. App. 3d 182 · Appellate Court of Illinois · Oct 29, 1980

The Department, having more expertise in this highly technical area, is more qualified to determine what regulation is necessary, and the court should refrain from invalidating the regulations unless they are clearly arbitrary … Although the evidence at trial established that the regulator was not properly installed or protected, Mr.

Garner v. City of Chicago

Appellate Court of Illinois · Jan 30, 2001

We note that this proposition has been qualified to exclude officer's conduct that, "was entirely in pursuit of personal goals." Wolf v. Liberis , 153 Ill. App. 3d 488, 493 , 505 N.E.2d 1202 (1987). … This section clearly delegates the determination of whether or not the injury occurred "in the performance of his duty" to the Board, not the Superintendent.

People v. Aleman

313 Ill. App. 3d 51 · Appellate Court of Illinois · Mar 31, 2000

In exchange, Almeida was given immunity from prosecution for Logan’s murder. … Here, the evidence of the bribe, although prejudicial, was clearly probative and relevant to show defendant’s consciousness of guilt.

People Ex Rel. Hatch v. Elrod

190 Ill. App. 3d 1004 · Appellate Court of Illinois · Dec 4, 1989

The decedent’s statement to Officer Morrison as he was being wheeled into the emergency room of the hospital clearly met two of the three aforementioned criteria. … Defendant’s next argument is that the State failed to establish that he committed the offense of armed robbery.

Hallmark & Johnson Properties, Ltd. v. Taylor

201 Ill. App. 3d 512 · Appellate Court of Illinois · Jul 13, 1990

Rotheimer’s attorney also sent a letter on April 18, 1985, to Terrance Honan, the listing broker for Hallmark & Johnson, which stated that “Taylor was not a competent and qualified buyer” and that suit would be filed against … The document bears the date May 3, 1985, but the letter to Taylor’s attorney from Rotheimer’s attorney and dated June 10, 1985 (exhibit 9 to Rotheimer’s deposition), clearly reflects that as of that date, only Rotheimer had

People v. Burdine

57 Ill. App. 3d 677 · Appellate Court of Illinois · Feb 17, 1978

consequences flowing from his own deliberate act, it follows that if one wilfully does an act the direct and natural tendency of which is to destroy another’s life, the natural and irresistible conclusion, in the absence of qualifying … Based upon the facts and circumstances, the court held that the proof of intent was adequate to establish the necessary mental state for aggravated battery but not for attempted murder.

Slocum v. The Board of Trustees of the State Universities Retirement System

2013 IL App (1st) 130182 · Appellate Court of Illinois · Jan 14, 2014

Plaintiffs argue the clearly erroneous standard applies, while defendants argue the manifest-weight-of-the-evidence standard applies. … Thereafter, SURS denied plaintiffs’ applications. ¶ 43 The evidence in this case indicates plaintiffs were denied the opportunity to purchase service credit in the late 1990s because they did not qualify

People v. Bleitner

199 Ill. App. 3d 146 · Appellate Court of Illinois · Jun 27, 1990

Moreover, even though the plea had already been accepted, facts disclosed at the sentencing hearing can be considered in determining whether an adequate factual basis for the plea has been established. People v. … Clearly, the trial court did not consider these factors in sentencing defendant. When taken in context, these statements are merely responses to an erroneous argument raised by defense counsel.

People v. Albitar

Appellate Court of Illinois · Jun 29, 2007

Accordingly, consistent with Montaigne, we hold that the bond forfeiture judgment on appeal before us qualifies as a final and appealable order over which we have jurisdiction. … While the appearance bond clearly is not to be used as punishment for the underlying offense of jumping bail, the Government does have a legitimate interest in enforcing its

Needy v. Sparks

51 Ill. App. 3d 350 · Appellate Court of Illinois · Jul 1, 1977

Clearly, then, defendant’s contention of prejudicial error in this regard is without merit. … Thus, the trial court clearly did not err in refusing to direct a verdict for defendant.

International Harvester Credit Corp. v. Helland

151 Ill. App. 3d 848 · Appellate Court of Illinois · Dec 10, 1986

Illinois courts in similar circumstances have concluded that a document produced by one party which is retained in the records of a second party does not qualify as a business record of the second party. (Pell v. … Specifically, IHCC contends (1) the trial court did not apply the correct measure of damages and (2) the award is excessive, clearly disproportionate, and oppressive.

People v. M.S.

247 Ill. App. 3d 1074 · Appellate Court of Illinois · Jun 14, 1993

Defendant maintains that the totality of all the relevant circumstances clearly shows that he was psychologically coerced into making the incriminating statement. … We do not believe that, due to the inexperience of youth, minors should be immune from interrogation and protected from their own incriminating statements if those statements were given voluntarily.

In Re EH

355 Ill. App. 3d 564 · Appellate Court of Illinois · Jan 28, 2005

s statement to her grandmother was an assertion used as the basis of the inference to establish the fact that she was sexually assaulted by E.H. More importantly, however, B.R.' … The victim's statements were not made for the purpose of establishing facts in a subsequent proceeding.

People v. Perez-Gonzalez

13 N.E.3d 360 · Appellate Court of Illinois · Jun 26, 2014

As in Powers, the respondent’s conduct clearly qualified as criminal contempt. See also United States v. … In Matos, the State sought and the trial court approved a grant of immunity in order to compel the defendant to testify against his codefendants.

Torress v. Midwest Development Company

Appellate Court of Illinois · May 19, 2008

App. 3d at 491. 10 1-06-3698 However, an offer of proof is not required where it is apparent that the trial court clearly understood the nature and character of … Despite the parties’ extensive arguments, we decline to address whether Eiben was qualified to testify regarding roofing and its composition for two reasons.

People v. Jessica M.

399 Ill. App. 3d 730 · Appellate Court of Illinois · Mar 19, 2010

By its terms, section 5 — 4—3(f)(iii) clearly manifests the legislative purpose delineated in the indexing statute. … Clearly, the statute limits the use of its single DNA database to the purposes set forth in the enactment.

In re Marriage of Galati

2021 IL App (3d) 200361-U · Appellate Court of Illinois · Oct 7, 2021

¶ 14 As the 508(b) petition further alleged, Christy was ordered to pay a fee due for preparation of the parties qualified domestic relations order, which she did not pay, and was held in contempt … Inherent in its ruling was the finding that she did not establish cause and justification.

Valstad Ex Rel. Valstad Quarry, Inc. v. Cipriano

357 Ill. App. 3d 905 · Appellate Court of Illinois · May 10, 2005

The party challenging a statute has the burden of rebutting that presumption and “clearly establishing” its unconstitutionality. Russell v. … Assuring that tire sellers notify the agency of such sales clearly enhances the collection of fees for those sales.