Case law

People v. Hatfield

72 Ill. App. 3d 249 · Appellate Court of Illinois · May 10, 1979

For a statement to qualify as a spontaneous declaration, three elements must be present: (1) an occurrence sufficiently startling to produce a spontaneous and unreflecting statement; (2) absence of time to fabricate; and … With reference to the third factor listed above, Yuk’s statement, identifying the robbery offender, was clearly related to the circumstances of the occurrence.

People v. Richardson

376 Ill. App. 3d 612 · Appellate Court of Illinois · Sep 21, 2007

We acknowledge that the decision to file a motion to suppress is generally considered to be a matter of trial strategy immune from ineffective assistance claims. People v. Deloney, 359 Ill. … Had the trial court been unable to consider the evidence obtained in the illegal search or consider defendant’s statements, the result of defendant’s trial clearly would have been different.

Loitz v. Remington Arms Co.

177 Ill. App. 3d 1034 · Appellate Court of Illinois · Dec 30, 1988

App. 3d 409, 415 , 458 N.E.2d 530 ), was clearly the result of passion or prejudice (Ogg v. City of Springfield (1984), 121 Ill. … However, the term ‘excessive’ has never clearly been defined; it has merely been described.

In re Estate of Denten

972 N.E.2d 278 · Appellate Court of Illinois · Jun 26, 2012

II (West 2010)) applies to proceedings under the Probate Act, and the Civil Practice Law clearly contemplates judgment liens attaching to property held in guardianship estates. … Article 18 of the Probate Act establishes detailed procedures for the adjudication of claims against a decedent’s estate.

In Re Detention of Varner

315 Ill. App. 3d 626 · Appellate Court of Illinois · Aug 9, 2000

The party challenging a statute bears the burden of clearly establishing that it is unconstitutional. People v. DePalma, 256 Ill. App. 3d 206, 210 (1994). … Mere speculation is insufficient to establish a counsel’s incompetency. People v. Hills, 78 Ill. 2d 500, 505-06 (1980).

People v. Jones

344 Ill. App. 3d 413 · Appellate Court of Illinois · Nov 7, 2003

Testimony from the suppression hearing in Evans established that the Evans defendant had been stopped by police for speeding. … This alone does not establish probable cause.

People v. Pyles

2025 IL App (4th) 240220 · Appellate Court of Illinois · Apr 25, 2025

Penal Code Ann. § 3067(a) (West 2000)— was ‘clearly expressed’ to [Samson]. Knights, 534 U.S., at 119. … to be expressed in terms that are readily applicable - 11 - by the police in the context of the law enforcement activities in which they are necessarily engaged and not qualified

In Re CMA

306 Ill. App. 3d 1061 · Appellate Court of Illinois · Jul 19, 1999

We can conceive of no legitimate motive or worthwhile purpose for questioning the petitioners on such clearly irrelevant matters. … The allegations of the instant substitution motion do not establish a threshold basis."

People v. Ordner

2025 IL App (5th) 230216-U · Appellate Court of Illinois · Dec 30, 2025

The pertinent question, then, is whether Lorazepam qualifies as such a compound. We conclude that it does. … This places defendant alone in the driver’s seat of a running vehicle, and thus clearly in actual physical control of the vehicle.

Steinhauer v. Botsford

327 Ill. App. 296 · Appellate Court of Illinois · Dec 18, 1945

Steinhauer, was appointed as administrator with the will annexed of said estate on May 8,1941 and qualified as such; and that plaintiffs through their attorneys have repeatedly requested from defendant an accounting of the … The rule applicable to the factual situation presented here is clearly enunciated in Capper v.

Chirikos v. Yellow Cab Co.

87 Ill. App. 3d 569 · Appellate Court of Illinois · Jun 16, 1980

It has been clearly pointed out that an administrative body is organized and equipped only to act in discharging administrative duties. … Thereafter, a program committee was to be selected from nominees chosen mainly by qualified producers. The committee was to formulate the program and the commission was authorized to approve it.

Qualkinbush v. Skubisz Nunc pro tunc - December 28, 2004

Appellate Court of Illinois · Mar 31, 2005

However, when read in context, the legislative concerns clearly related to in-booth voting as established by the very language of the comments. … Thus, clearly the election authority was not at fault.

Loyola University of Chicago v. Human Rights Commission

149 Ill. App. 3d 8 · Appellate Court of Illinois · Nov 5, 1986

Nor would it qualify as a sexual advance, or a request for a sexual favor.” … The employer must then clearly set forth a legitimate, nondiscriminatory reason for its employment decision in order to successfully rebut the presumption of unlawful discrimination. ( 450 U.S. 248 , 67 L.

People v. Townes

130 Ill. App. 3d 844 · Appellate Court of Illinois · Feb 7, 1985

The Taylor court reaffirmed the standard of review established in People v. … The testimony showed that defendant qualified his refusal by indicating that he was only refusing to submit to the tests at that time.

Pfister v. Shusta

256 Ill. App. 3d 186 · Appellate Court of Illinois · Jan 27, 1994

Some commentators have observed that Nabozny may have established an ordinary negligence standard for participants of contact sports. … However, in common understanding, football, wrestling, and boxing, among others, are clearly recognized as contact sports.

People v. Downs

2014 IL App (2d) 121156 · Appellate Court of Illinois · Jul 21, 2014

Based on this authority, we believe that it is abundantly clear that giving an erroneous definition of “reasonable doubt” qualifies as error. … The jury’s question clearly shows that there is a reasonable likelihood that it used a lesser standard in convicting defendant.

Edge-Scott Fire Protection District v. Illinois Commerce Commission

48 Ill. App. 3d 636 · Appellate Court of Illinois · May 9, 1977

Orders of the commission are entitled to great weight, for they arise out of the deliberations of its members, who are much better qualified to interpret the testimony and charts of specialists and technicians. … When the sufficiency of the evidence to support an order of the commission is questioned the order will not be set aside unless it is clearly against the manifest weight of the evidence. Commerce Com. v.

People v. Maberry

193 Ill. App. 3d 250 · Appellate Court of Illinois · Jan 18, 1990

However, the statements qualify as excited utterances or spontaneous declarations and, thus, were admissible. … The defendant clearly had the knife while in the house and held it in a threatening manner on the victim.

Schroeder v. Northwest Community Hospital

Appellate Court of Illinois · Dec 12, 2006

Section 2-622 requires that the plaintiff in a medical malpractice action must supplement her complaint with: (1) an affidavit, her attorney’s or her own if proceeding pro se, certifying that the affiant consulted with a qualified … To do otherwise would permit defendant to use section 2-622 as a substantive defense in barring plaintiff from establishing her case.

People ex rel. Steck v. Ottolini

73 Ill. App. 3d 971 · Appellate Court of Illinois · Jul 13, 1979

An examination by a qualified psychiatrist, albeit employed by the State, is not inherently prejudicial and does not ordinarily pose a grave potential for abuse. … We think that the testimony of the psychiatrist clearly established that respondent had a mental illness.