Case law

People v. Mallery

228 N.E.3d 856 · Appellate Court of Illinois · Apr 25, 2023

In 2016, the State of Illinois passed a law stating that a licensed user of medical cannabis ‘shall not be considered an unlawful user’ and that medical cannabis ‘purchased by a qualifying … “Accordingly, an officer who smells cannabis in a vehicle he has just stopped is almost certain to discover a violation of the Vehicle Code because the law clearly states that when cannabis

People v. Romero

2018 IL App (1st) 143132 · Appellate Court of Illinois · Aug 24, 2018

He noted that defendant’s history showed signs that he clearly has a mental illness, given his long history of symptoms. Dr. … Dinwiddie gave the example of being pursued by “brain-eating Martians,” which clearly do not exist and there is no further research necessary.

W. P. Iverson & Co. v. Dunham Manufacturing Co.

18 Ill. App. 2d 404 · Appellate Court of Illinois · Sep 29, 1958

But after pointing out the allegations that the officer was acting for his own interest against those of the corporation, the court says: “It would be unconscionable to allow such a defendant to cloak himself with immunity … This is clearly the type of situation contemplated by this section of the statute and under its terms plaintiff is entitled to plead in the alternative.

City of Chicago v. Concordia Evangelical Lutheran Church

2016 IL App (1st) 151864 · Appellate Court of Illinois · Feb 16, 2017

He also adhered to Statement of Auditing Standard No. 106, which he testified “very clearly identifies sufficiency of evidence for accounting.” … Based on the foregoing, Sargent opined the bid was not what was actually sent by Imperial to Green and was in fact “clearly created a year later.”

Poulos v. Smith

2025 IL App (1st) 250133-U · Appellate Court of Illinois · Feb 11, 2025

The question is whether Poulos was, during the relevant statutory period, a resident of Riverdale such that she is qualified to hold office in Riverdale or abandoned her Riverdale residence and established a new residence … Accordingly, we find that Poulos has failed to establish that the Board’s decision was against the manifest weight of the evidence or clearly erroneous. ¶ 56 III.

People v. Campbell

332 Ill. App. 3d 721 · Appellate Court of Illinois · Jul 26, 2002

Defense counsel’s decision whether to call a witness is generally a matter of trial strategy and immune from claims of ineffective assistance. Enis, 194 Ill. 2d at 378, 743 N.E.2d at 12. … There is no evidence establishing a time fine of events that night after the assailants fled the scene, other than the phone records presented by the State.

People v. McDonald

255 N.E.3d 928 · Appellate Court of Illinois · Mar 29, 2024

Accordingly, to establish plain error, a defendant must first show that a clear or obvious error occurred. Id. … If either prong of the Strickland test cannot be shown, then the defendant has not established ineffective assistance of counsel. Id. at 697.

Stone v. Guthrie

14 Ill. App. 2d 137 · Appellate Court of Illinois · Aug 14, 1957

The doctrine of “assumption of risk” is firmly established as a part of the law of master and servant. … To be contrary to the manifest weight of the evidence an opposite conclusion must be clearly evident. DeLong v. Whitehead, 11 Ill.App.2d 330 , 137 N.E.2d 276 ; Green v.

People v. Jackson

2024 IL App (4th) 240441-U · Appellate Court of Illinois · Jun 5, 2024

established that victimize the people depicted, even if the defendant or the State are not exactly sure of the identity of the minors … In order to deny a defendant pretrial release, a trial court must first find (1) the proof is evident or the presumption great that the defendant has committed a qualifying offense, (2) the defendant poses a real and present

U.S. Bank National Ass'n v. Gagua

2020 IL App (1st) 190454 · Appellate Court of Illinois · Feb 7, 2020

Once again, however, Rule 113(c)(4) clearly states that the affidavit need only “substantially” adopt the appearance and content of the form provided. Id. … Furthermore, it has long been recognized that “[c]ompliance with the requirement that an affidavit must affirmatively show that the affiant is qualified to testify at trial is to be determined from the

Sieron & Associates, Inc. v. Department of Insurance

368 Ill. App. 3d 181 · Appellate Court of Illinois · Sep 28, 2006

In other words, the State of Illinois enacted the FAIR Plan to provide basic and affordable fire and homeowners property insurance to qualified applicants in urban areas who are unable to purchase coverage through the standard … This hearing clearly afforded the Sierons due process before the Director of Insurance affirmed the FAIR Plan Association’s decision. Thus, we find no deprivation of due process at either stage of the case.

People v. Chavez

228 Ill. App. 3d 54 · Appellate Court of Illinois · May 11, 1992

The parties then stipulated that Pamela Fish, a qualified expert in serology, would have testified that she analyzed Mathews’ blood and the blood of Dean and Anthony Chavez. … In response, the State argues that the facts clearly establish Anthony’s accountability for second degree murder.

Albrecht v. Industrial Commission

271 Ill. App. 3d 756 · Appellate Court of Illinois · Mar 17, 1995

alleging that the trial court erred in applying section 8(d)(2) of the Act and that the trial court was required to award compensation to claimant under section 8(d)(1) of the Act since the elements of that paragraph were established … The evidence clearly shows an impairment in claimant’s earning capacity after his injury in 1982. Claimant’s earnings in the years after his injury did not even come close to his final 1982 salary with the Bears.

Ray v. Cock Robin, Inc.

10 Ill. App. 3d 276 · Appellate Court of Illinois · Feb 23, 1973

On June 3, 1968, Cock Robin, Inc., owned and operated a drive-in ice cream establishment at the southwest corner of a T-intersection of River Road and Cherry Street in River Grove, Illinois. … Pillsbury, 33 Ill.2d 514 , there were no eyewitnesses qualified to testify to an accident in which the drivers of the colliding vehicles both perished, and under the circumstances expert testimony reconstructing the accident

House v. Stocker

34 Ill. App. 3d 740 · Appellate Court of Illinois · Dec 31, 1975

One of them establishes permanent impáirment of future earning ability by 'a sheet metal worker because of blindness caused by falling into a vat of copper cyanide; the evidence did not establish any training for intellectual … There was no evidence that he was qualified for any other employment. In Kiddy v. Toledo, Peoria & Western R.R.

Hagshenas v. Gaylord

199 Ill. App. 3d 60 · Appellate Court of Illinois · Jun 27, 1990

By April 1983, the Gaylords had hired one qualified agent and had asked two close friends to work informally on sales. … The evidence clearly shows that Imperial lost most of its customers to Superior as a result of the Imperial sales people going to Superior.

Reilly v. Wyeth

Appellate Court of Illinois · Sep 28, 2007

We next consider plaintiffs’ contention that the Vaccine Act requires that Christopher be “qualified” to file a petition in the Court of Federal Claims (42 U.S.C. §300aa-11(a)(9) (2000)) and that he is not “qualified” because … Based on the plain language of the statute, taking these sections together, the court in Dickey held that “this language clearly and unambiguously prohibits both an action and a remedy in state or federal court unless there

People v. Gillett

243 Ill. App. 41 · Appellate Court of Illinois · Dec 29, 1926

We think it would serve no useful purpose to discuss the evidence in detail on this point for we are clearly of the opinion that whatever Allen did in the matter was as a representative of the defendant. … In that case the bonds might qualify as Class “A” securities. If that were true the bonds could not belong to Class “D” as alleged in the complaint.

People v. Youngerman

342 Ill. App. 3d 518 · Appellate Court of Illinois · Jul 18, 2003

App. 3d 956, 962 (1980)), was established as December 12, 2002. … After she was qualified as an expert in the field of forensic psychiatry, she testified for the State that she has been treating defendant for two years at Alton.

Thomsen v. Village of Bolingbrook

2023 IL App (3d) 220365 · Appellate Court of Illinois · Jul 14, 2023

as noted, Count II (the alternative claim for administrative review) already had been dismissed. 14  mixed question of fact and law (subject to the clearly-erroneous … Nor does this case involve a mixed question of law and fact like the question presented in Pedersen—whether the circumstances of the plaintiff’s injury qualified as a response to an “emergency” under section