Case law

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

In re Marriage of Truhlar

Appellate Court of Illinois · Sep 17, 2010

Evidence adduced at the hearing on the petition established that Ashley had been admitted to National-Louis University; she had obtained substantial financial assistance in the form of grants and scholarships; she held … However, section 659(a) of the Act (42 U.S.C. §659(a) (2006)) carves out a limited exception to the exemption set forth in section 407(a), by waiving the United States's sovereign immunity with respect to certain proceedings

Handelsman v. Handelsman

366 Ill. App. 3d 1122 · Appellate Court of Illinois · Jul 7, 2006

Handelsman Insurance Trust, created under the Trust Agreement establishing said trust, heretofore created ***. … A contrary intention could have been stated clearly and easily.

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.

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.

Kirkruff v. Wisegarver

297 Ill. App. 3d 826 · Appellate Court of Illinois · Jun 26, 1998

Whether an agency relationship exists may be established by circumstantial evidence, including the situation of the parties, their acts, and other relevant circumstances. … This would mean that the defrauding defendant has successfully accomplished his fraud and is still immune from an action in deceit.

Lenzen v. Miller

309 Ill. App. 617 · Appellate Court of Illinois · Apr 12, 1941

The well-established rule is, that a gift of a specified sum of money with reference to a certain fund is either specific or demonstrative. … In order to qualify as a demonstrative legacy it must appear that in the event the primary fund failed or was destroyed, the legacy would be a charge on the general assets of the estate.

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.”

People v. Palmer

Appellate Court of Illinois · Mar 12, 2002

The court later added that it did not know whether defendant qualified for an extended term due to a previous felony conviction or "if the injuries are severe enough for this court to consider an extended term … unconstitutional for a legislature to remove from the jury the assessment of facts that increase the prescribed range of penalties to which a criminal defendant is exposed and that it is clear that such facts must be established

People v. Ehley

381 Ill. App. 3d 937 · Appellate Court of Illinois · Apr 21, 2008

The court also noted that the evidence clearly established that defendant’s BAC was obtained through a blood draw at the hospital before Deputy Verckler arrived at the hospital. … civil or criminal action arising out of a defendant’s arrest for a DUI offense, a similar local ordinance, or a statutory-summary-suspension proceeding, so long as certain requirements, such as the blood being taken by a qualified

People v. Teran

2025 IL App (4th) 250272-U · Appellate Court of Illinois · Jun 11, 2025

And we have to establish by clear and convincing evidence that they occurred, and I believe from the proffer established today by the State, it’s very clear that these offenses occurred. … He established, and this Court agrees, *** that the defendant committed a qualifying offense, and the court agreed that the defendant posed a real and present threat to the safety of the community, or one or more persons

Williams v. Conner

228 Ill. App. 3d 350 · Appellate Court of Illinois · May 7, 1992

He admitted that he was not qualified as an accident reconstructionist to give an opinion as to the speed defendant’s vehicle had been traveling at the time it began skidding. … ’ whereabouts that night or questions designed to elicit testimony about drinking establishments.

People v. Reeves

2021 IL App (1st) 170978-U · Appellate Court of Illinois · Mar 22, 2021

Manifest error is error that is “clearly evident, plain, and indisputable.” People v. Beaman, 229 Ill. 2d 56, 74 (2008) (quoting People v. Morgan, 212 Ill. 2d 148, 155 (2004)). … Such decisions enjoy a strong presumption that they reflect sound trial strategy, rather than incompetence and are generally immune from claims of ineffective assistance of counsel. Id.

Menard v. Fecke Farms, Inc.

2025 IL App (3d) 240685-U · Appellate Court of Illinois · Aug 15, 2025

The court determined that to establish liability as a keeper, Menard had to show that defendants had control over the cow. … 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

People v. Lloyd

2025 IL App (1st) 232111-U · Appellate Court of Illinois · Dec 17, 2025

Though an airborne gun is not visible in the body worn camera footage, that does not render the opposite conclusion clearly evident. … in question clearly applies.”

People v. Smith

53 Ill. App. 3d 395 · Appellate Court of Illinois · Sep 19, 1977

Defendant qualifies his argument by the correct statement that such expressions of opinion are proper where they are based upon the evidence. … We cannot conclude under any circumstances that the result thus reached by the trial court was “clearly unreasonable.” Herron, 30 Ill. App. 3d 788 , 792.

Rodarmel v. Pneumo Abex, L.L.C.

957 N.E.2d 107 · Appellate Court of Illinois · Jul 15, 2011

For our part, we certainly are not qualified to opine that the tumorous mice meet scientific standards. … And the jury was no more qualified than we are in that respect. ¶ 128 In short, absent a qualified expert opinion that the tumorous mice were scientific evidence of a relationship between asbestos and

Hmelyar v. Phoenix Controls

339 Ill. App. 3d 700 · Appellate Court of Illinois · Jun 17, 2003

In holding that plaintiff had not been “unemployed,” the Board reasoned: “While the claimant states he has received no remuneration for his services, clearly the stock options he has received have a value of at least $1.75 … Therefore, plaintiff qualifies for unemployment benefits for that period. We must remand the cause to the Board so that it may decide how much is due plaintiff.

Williams v. Board of Trustees of the Morton Grove Firefighters' Pension Fund

398 Ill. App. 3d 680 · Appellate Court of Illinois · Feb 2, 2010

Mixed questions of law and fact are reviewed under the clearly erroneous standard. Marconi, 225 Ill. 2d at 532 . … To establish a violation of the constitutional right to due process, a plaintiff must show a deprivation of property and a denial of due process. See Schroeder v.