Case law

Stevens v. Department of Employment Security

2021 IL App (1st) 191965-U · Appellate Court of Illinois · Feb 16, 2021

” ¶ 20 The Board concluded that plaintiff did not establish that Stonecliffe subjected him to “abuse or hostility.” … Mixed questions of law and fact are reviewed under the clearly erroneous standard. AFM Messenger Service, Inc., 198 Ill. 2d at 395.

Handelsman v. Handelsman

Appellate Court of Illinois · Jul 7, 2006

However, the Trust Agreement did not clearly say how to adjust for this shortfall. … A contrary intention could have been stated clearly and easily.

Krol v. Village of Wilmette

2020 IL App (1st) 171905-U · Appellate Court of Illinois · Jun 30, 2020

under section 3-102(a) of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/3-102(a) (West 2014)), because the record failed to establish defendant’s actual or constructive knowledge of … Further, it found the photographs clearly showed there were no defects in the sidewalk where plaintiff fell. Thus, it accepted defendant’s arguments and granted defendant’s motion, dismissing the case with prejudice.

Freeman v. Crays

98 N.E.3d 571 · Appellate Court of Illinois · Jan 26, 2018

After commenting that plaintiff was clearly attempting to cure the evidentiary gap created by its adverse rulings with regard to Dr. … And plaintiff’s motion for voluntary dismissal was clearly done in an effort to avoid the consequences of the Court’s order, clearly.

Chicago City Railway Co. v. McDonough

125 Ill. App. 223 · Appellate Court of Illinois · Dec 4, 1905

his alleged remark (which remark is the testimony appellant objected to and unsuccessfully moved to strike out), were part of the res gestee, almost contemporaneous with the accident and serving “to explain, illustrate, qualify … Ajipellant insists that the third hypothesis is inadmissible,, that the evidence clearly establishes either the first or the second.

People v. Lee

2020 IL App (1st) 171621-U · Appellate Court of Illinois · Nov 19, 2020

Matters of trial strategy, such as decisions concerning what evidence to present, are generally immune from claims of ineffective assistance of counsel. People v. West, 187 Ill. 2d 418, 432 (1999). … Specifically, the trial court stated that the evidence clearly established that defendant “wanted nothing to do with [Caldwell] in this matter” and Caldwell was obsessed with defendant.

People v. Brennan

236 N.E.3d 1046 · Appellate Court of Illinois · Jul 26, 2023

¶4 The following facts were established at trial. … In order to successfully qualify for application of the plain error doctrine, a defendant must first show that the trial court committed a clear or obvious error. People v.

Freese v. Buoy

217 Ill. App. 3d 234 · Appellate Court of Illinois · Jul 24, 1991

THE COURT: So if he had not come back at all, he would not have qualified for the set aside program? … Freese would have qualified under the program? A. Yes.” For further clarification defendant’s counsel inquired of the witness: “Q. Mrs.

City of Chicago v. Old Colony Partners, L.P.

364 Ill. App. 3d 806 · Appellate Court of Illinois · Mar 16, 2006

The City admits that the Code clearly requires notice and an opportunity to cure before injunctive relief is sought. … Montilla repeatedly qualified his statements regarding the photographed deterioration of the exterior walls of the Building.

People v. Davis

2024 IL App (1st) 241745-U · Appellate Court of Illinois · Dec 9, 2024

Defendant’s motion makes only three conclusory assertions relevant to this appeal, namely that (1) “[t]he proof is not evident nor the presumption great that the Defendant has committed a qualifying detainable offense;” … Contrary to defendant’s arguments before the circuit court, this was clearly sufficient to establish that he committed the detainable offense of unlawful use or possession of a weapon by a felon, regardless of whether he

People v. Godfrey

Appellate Court of Illinois · May 23, 2008

The trial court found that the letter did not contain sufficient allegations to establish incompetency of counsel. … Is the Defendant qualified for extended term? 7  PROSECUTOR: No, Judge.

Goad v. Evans

191 Ill. App. 3d 283 · Appellate Court of Illinois · Nov 30, 1989

Furthermore, Goad’s first-amended complaint states Goad is the “duly appointed, qualified and acting” administrator of Steven’s estate. … It is apparent Cole did not seek to introduce this evidence for a purpose other than establishing the probability of similar actions on subsequent occasions.

Mettler v. Warner

156 Ill. App. 31 · Appellate Court of Illinois · May 28, 1910

that on December 21,1905, John Warner died, leaving his last will and testament which was admitted to probate in the county court of DeWitt county at the January term 1906, of which will the defendant, Vespasian Warner, qualified … It is further clearly apparent from the evidence that every detail of the transactions here involved was contrived by Vespasin Warner, and that so far as Mrs.

People v. Stewart

2020 IL App (1st) 180014-U · Appellate Court of Illinois · Apr 15, 2020

In other words, the “defendant must establish that there is a reasonable probability that, absent his attorney’s deficient advice, he would have accepted the plea offer.” Id. … - 16 -  No. 1-18-0014 ¶ 44 Here, defendant clearly cannot meet his burden under the prejudice prong.

Werner v. Illinois Central RailRoad

309 Ill. App. 292 · Appellate Court of Illinois · Mar 1, 1941

The evidence clearly indicates that the plaintiff was injured because of the close proximity of the dwarf signal to the track. … Defendant urges that the witness was not sufficiently qualified to testify on engineering problems of this nature.

Gruwell v. The Illinois Department of Financial and Professional Regulation

Appellate Court of Illinois · Nov 30, 2010

Mixed questions of law and fact "are 'questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is *** whether the rule of law as applied to the established facts … We do not find this determination clearly erroneous.

Trossman v. Philipsborn

373 Ill. App. 3d 1020 · Appellate Court of Illinois · Jun 8, 2007

This holding reflects a well-established doctrine of the separateness of the shareholders from the corporation. … However, the Supreme Court in Hensley qualified that statement, explaining: “In some cases a plaintiff may present in one lawsuit distinctly different claims for relief that are based on different facts and legal theories

DeBow v. City of East St. Louis

158 Ill. App. 3d 27 · Appellate Court of Illinois · Jul 10, 1987

Although Griffin was granted limited immunity with regard to the instant cause, he was advised not to testify and defendants were unable to depose Griffin. … Clearly, defendants here were not in a position to assess the degree of harm posed to DeBow by Griffin.

People v. Sanders

4 Ill. App. 3d 494 · Appellate Court of Illinois · Mar 10, 1972

Blumenshine, 42 Ill.2d 508 , 250 N.E.2d 152 , it has become firmly established, consistent with Federal authorities, that an in-court identification may be admissible, even when the pre-trial identification is not proper, … She testified that defendant was shorter than she but qualified this by acknowledging she had poor judgment on height and she did not think defendant was as tall as she was “although he had on a hat.”

People ex rel. Kaskaskia Commons Permanent School Fund v. Mitchell

223 Ill. App. 8 · Appellate Court of Illinois · Nov 10, 1921

From which it clearly appears that there were at least $330,000 worth of other notes on an equal footing, so far as priority of claim is concerned, with the notes bought by appellee. … That assignment of cross error will therefore, under well-established rules of this court, be considered as waived. Plea No. 4 was a plea of non damnificatus.