Case law

King v. Illinois State Board of Elections

2022 IL App (1st) 220691-U · Appellate Court of Illinois · Jun 13, 2022

¶ 18 The hearing officer found that “[a] review of the Candidate’s nominating papers establishes that Candidate’s name and address are clearly set out on the Statement of Candidacy and clearly set out on the heading … A decision is clearly erroneous when we are left with the definite and firm conviction that a mistake has been committed. Id.

People v. Rodgers

Appellate Court of Illinois · Nov 19, 2002

Johnson and Sylvester did not think that Rodgers was so qualified. … He clearly wanted to inflict pain rather than kill. While his sodden brain certainly lacked any conscience, it still harbored the capacity to act consciously. Rodgers knew what he was doing. He knew that it was wrong.

Arians v. Larkin Bank

253 Ill. App. 3d 1037 · Appellate Court of Illinois · Dec 22, 1993

The court clearly stated in its ruling that it found for the plaintiffs and against the defendant on its counterclaim for foreclosure. … To qualify as an adverse party, the witness must perform some function of authority with the opponent to the side calling that witness. (Manzanek v. Rockford Drop Forge Co. (1981), 98 Ill. App. 3d 956, 962 .)

Grand Trunk Western Railroad v. M. S. Kaplan Co.

43 Ill. App. 2d 230 · Appellate Court of Illinois · Sep 17, 1963

Plaintiff’s one percent rule is clearly not relevant to the issues before us here. Joseph Toker Co. v. Lehigh Valley R., 12 NJ 608, 97 A2d 598, 601-2 (1953). … deceased was last seen alive had a revolver of the same make as that used in the killing when arrested three weeks later, that his car had the same tire treads as the tire marks seen where the body was found, and, by a qualified

In re Commitment of Tunget

2018 IL App (1st) 162555 · Appellate Court of Illinois · Feb 25, 2019

A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident or the trial court’s conclusion is “unreasonable, arbitrary, and not based upon the evidence presented … Considering the challenged opinion in light of the testimony directly establishing the statutory requirement for revocation, we find respondent failed to establish the trial court abused its discretion in admitting

Hoffman v. Madigan

2017 IL App (4th) 160392 · Appellate Court of Illinois · Aug 11, 2017

A complaint should be dismissed “only if it is clearly apparent that no set of facts can be proven which will entitle the plaintiff to recovery.” Chandler v. Illinois Central R.R. … Although CMS might disagree as to what argument the Attorney General makes, that disagreement is insufficient to qualify as a conflict of interest such that special counsel should be appointed.

Meyers v. Woods

374 Ill. App. 3d 440 · Appellate Court of Illinois · Jun 14, 2007

If defendant had asked, he would not have been qualified to answer as he was not familiar enough with installing in-floor heating systems. … We cannot say the trial court abused its discretion by qualifying them as experts.

Wilhelm v. Universal Underwriters Insurance

60 Ill. App. 3d 894 · Appellate Court of Illinois · May 11, 1978

On the one hand plaintiff is excluded from the liability coverage for the driver, and on the other, the driver does not qualify as an uninsured motorist even though there is no insurance available. … The order of the trial court which denies the plaintiff any recovery under the policy if she recovers any amount, whether it be *5 or *10,000 from Andrews, is clearly contrary to the rule laid down in Ullman and other Illinois

In Re Custody of Blonsky

84 Ill. App. 3d 810 · Appellate Court of Illinois · May 8, 1980

It was her opinion that plaintiff was extremely well-qualified to care for Michael. … I clearly don’t have an ability to determine which faith is better or if any faith is better.

In re Commitment of Rendon

2017 IL App (1st) 153201 · Appellate Court of Illinois · Jun 30, 2017

See 725 ILCS 207/55(a) (West 2014) (“At the time of a reexamination under this Section, the person who has been committed may retain or, if he or she is indigent and so requests, the court may appoint a qualified … Smith’s report, while acknowledging that the law and mental health can clearly diverge at times. Even considering the face value of Dr.

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

Appellate Court of Illinois · Jul 31, 2006

certainly amounts to vituperative name-calling, but the comments hardly qualify as statements of objectively verifiable fact. … 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.

Ciccone v. Dominick's Finer Foods, Inc.

313 Ill. App. 3d 738 · Appellate Court of Illinois · May 30, 2000

February 14, 1995) clearly expresses a legislative intent that the act be applied prospectively to “any action accruing on or after the effective date” of the statute. Atkins v. … “[T]he intent of the contribution statute was to reach anyone who is culpable regardless of whether they have been immunized from a direct tort action by some special defense or privilege.” Doyle v.

In Re Application of County Collector

48 Ill. App. 3d 572 · Appellate Court of Illinois · May 2, 1977

App.3d 1076 , 335 N.E.2d 524 , is clearly misplaced. In Large , a collateral attack on a tax deed order failed. … However, we find that appellant does not qualify as a bona fide purchaser for purposes of applying the above rule. *588 • 14 The relevant facts as set forth in appellant's petition for a rule to show cause are as follows.

People v. Diguida

215 Ill. App. 3d 913 · Appellate Court of Illinois · Jun 14, 1991

In Marsh, the corporation, by establishing the town, providing streets, sidewalks, commercial establishments and other municipal accoutrements, had, in fact, taken over functions normally carried out by government. … It was open to the public for the purpose of encouraging the patronizing of its commercial establishment.

People v. Williams

2026 IL App (3d) 240359-U · Appellate Court of Illinois · Feb 17, 2026

The court advised the jury the parties had stipulated that defendant’s prior convictions were qualifying felonies. The specific offenses were not disclosed to the jury. … Strategic decisions, such as pretrial motion practice, are 7  immune from claims of ineffective assistance. People v.

People v. Cruz

460 Ill. Dec. 221 · Appellate Court of Illinois · Jun 30, 2021

Defendant’s hand is clearly next to his pocket and appears to be grasping an object. … knife, which “might constitute an assault,” but pause in conflict after knife was brandished required additional inquiry into who was aggressor once conflict resumed). ¶ 56 Indeed, brandishing a weapon may qualify

Green v. Union Pacific Railroad

207 Ill. Dec. 599 · Appellate Court of Illinois · Mar 21, 1995

Both law and facts were known and established. … Even if such evidence was proper, the witness must first be shown to be qualified to testify on the subject. No offer to demonstrate this competency was ever made.

Keats v. Cates

100 Ill. App. 2d 177 · Appellate Court of Illinois · Oct 10, 1968

The affidavit filed by the trust company in support of its motion to quash service stated that it was not licensed or qualified to do business in Illinois and had no agent here; that it had not transacted business here; nor … The Buehrle case is clearly distinguishable and has no application here.

People v. Lewis

97 Ill. App. 3d 982 · Appellate Court of Illinois · Jun 24, 1981

But we are not sufficiently persuaded that we are willing to eliminate by judicial decision an established procedure that has long been considered to operate for the benefit of those accused of crime. … In order for statements to qualify as dying declarations there must be a determination by the trial court that the statements were made under the fixed belief of impending death. (People v.

People v. Bryson

2018 IL App (4th) 170771 · Appellate Court of Illinois · Feb 4, 2019

“A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident or if the finding itself is unreasonable, arbitrary, or not based on the evidence presented.” … Eberhardt was careful to qualify her opinions concerning defendant’s mental condition and progress by indicating the status “at this time.”