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466 Ill. Dec. 401 · Appellate Court of Illinois · Sep 8, 2022
The parties stipulated that defendant had previously been convicted of a qualifying felony offense. The State rested, and the trial court denied defendant’s motion for a directed verdict. … “A finding is against the manifest weight of the evidence when the opposite conclusion is clearly evident or if the finding itself is unreasonable, arbitrary, or not based on the evidence presented.”
Cited 2 timesPublishedAppellate Court of Illinois · Jul 28, 2006
Ct. 1860, 1879 (1961) (A ' The ultimate test [for admissibility] remains that which has been the only clearly established test in Anglo-American courts for two hundred years: the test of voluntariness. … The reason behind Supreme Court Rule 341(e)(7) is well established. " 'A reviewing court is entitled to have issues clearly defined with pertinent authority cited and cohesive arguments presented [citation], and it is
Cited 0 timesPublished314 Ill. App. 3d 455 · Appellate Court of Illinois · May 30, 2000
The court also established a constructive trust over the Trust assets that had been withdrawn by Linda. … Linda also points to section 3(1) of the Act, which provides: “A person establishing a trust may specify in the instrument the rights, powers, duties, limitations and immunities applicable to the trustee, beneficiary and
Cited 23 timesPublishedNewell v. Field Enterprises, Inc.
91 Ill. App. 3d 735 · Appellate Court of Illinois · Dec 12, 1980
We therefore follow the minority view that a qualified privilege extends to reports of charges contained in pleadings filed in court.” … The magazine account was clearly libelous. The court first stated that a divorce proceeding is not the type of public controversy referred to in Gertz. (Firestone.)
Cited 71 timesPublishedChicago School Reform Board of Trustees v. Illinois Educational Labor Relations Board
309 Ill. App. 3d 88 · Appellate Court of Illinois · Nov 16, 1999
Accordingly, these findings and conclusions will not be disturbed unless they are contrary to the manifest weight of the evidence or an opposite conclusion is clearly evident. Midwest Central Education Ass’n v. … corresponding duty to issue a ‘notice to remedy’ under the appropriate circumstances. *** Hi * * We find that the implementation of the just cause’ provision in arbitration is inconsistent and conflicts with the mandates established
Overruled — as noted by a later courtCited 19 timesPublished919 N.E.2d 1042 · Appellate Court of Illinois · Dec 11, 2009
A statement is testimonial if it is made in a solemn fashion and is intended to establish a particular fact. … I note that the legislature did not qualify the term "corroborative evidence" in section 115-10.
Cited 0 timesPublishedPeople ex rel. Critton v. American National Bank & Trust Co.
172 Ill. App. 3d 897 · Appellate Court of Illinois · Aug 1, 1988
The publication and time lapse provisions of those two laws are clearly mandatory and neither was followed prior to passage of the levy ordinance in issue. … Thus, the Dougherty rule as later qualified is consistent with the rule we follow here.
Cited 1 timesPublishedAppellate Court of Illinois · Nov 12, 1998
Raglin and Petrovich stand for the proposition that while HMOs are not immune from civil prosecution for malpractice, some recognized legal theory must be satisfied before liability can attach. … Count II--"Vicarious Liability" The evidence clearly establishes Dr. Jordan was an independent contractor. While Chicago HMO did conduct some review of the quality of care given, Dr.
Cited 0 timesPublished2020 IL App (1st) 181216 · Appellate Court of Illinois · Dec 21, 2020
Counsel’s failure to raise the strongest basis for quashing the arrest and suppressing the evidence does not qualify as objectively reasonable. … The facts of this case, found by the circuit court to be credible, clearly showed that Officer Caufield was justified in effectuating a Terry stop. ¶ 38 The issue raised by defendant here has been raised
Cited 1 timesPublishedLake County Forest Preserve District v. Bank & Trust Co.
106 Ill. App. 3d 856 · Appellate Court of Illinois · May 10, 1982
to establish by evidence that there is a reasonable probability of rezoning to that use. … Clark was only one of three qualified District witnesses who arrived at the valuation of approximately $15,000 for residential purposes.
Cited 4 timesPublished87 Ill. App. 3d 693 · Appellate Court of Illinois · Aug 15, 1980
For a statement to qualify as such, three factors must be presented: “(1) an occurrence sufficiently startling to produce a spontaneous and unreflecting statement; (2) absence of time to fabricate; and (3) the statement must … It is our view that guilt was clearly established in the instant case from the testimony of the victim, the corroboration thereof in the testimony of the police officers and Mrs. Stroud, and the physical evidence.
Cited 18 timesPublished2020 IL App (2d) 180853 · Appellate Court of Illinois · Jul 9, 2020
In that case, the defendant was originally charged with a felony drug offense but was granted use immunity to testify at his brother’s murder trial. McPherson, 2018 IL App (2d) 170966, ¶ 3. … The trial court clearly explained why it thought that the public needed to be protected against future offenses by Hoffman.
Cited 4 timesPublishedSmith Oil Corp. v. Viking Chemical Co.
127 Ill. App. 3d 423 · Appellate Court of Illinois · Aug 30, 1984
However, taken as a whole, the evidence resolves the apparent contradiction, establishing two categories of product information. … It also appears from the evidence that none of these particular items qualify as protectable trade secrets, since the same information was readily available, was used by many different people in the Smith office and was not
Cited 24 timesPublished261 Ill. App. 3d 156 · Appellate Court of Illinois · Apr 7, 1994
The grounds for dismissal may be established by affidavits or depositions. (Wood v. Village of Grayslake (1992), 229 Ill. App. 3d 343, 348 , 593 N.E.2d 132, 136 .) … Plaintiff clearly knew or should have known enough to put her on reasonable inquiry, at the latest by May 8, 1988, more than two years before this suit was filed.
Cited 36 timesPublished2016 IL App (3d) 130619 · Appellate Court of Illinois · Feb 15, 2017
The record clearly establishes that defendant was placed under arrest - 14 - at his residence prior to leaving for the Chicago police station. … The record also clearly establishes that the arrest was made without probable cause.
Cited 4 timesPublished2021 IL App (2d) 200158-U · Appellate Court of Illinois · Dec 1, 2021
” ¶ 49 This argument requires us to review how a party establishes that a witness is qualified under Rule 702 to give expert testimony. … Officer Piton encountered Ramirez on the street after the attack and uttered, “Whoa”—clearly shocked by Ramirez’s injuries. He, like Ramirez, indicated that the injury to her left eye was severe.
Cited 0 timesUnpublished141 Ill. App. 3d 208 · Appellate Court of Illinois · Feb 18, 1986
Once the petitioner meets this minimal standard, he may qualify as an indigent and receive court-appointed counsel. In People v. Baugh (1985), 132 Ill. … To the contrary, indigent petitioners are clearly presented with sufficient opportunity to raise their claims of constitutional deprivations under section 122 — 2.1.
Cited 22 timesPublished27 N.E.3d 154 · Appellate Court of Illinois · Feb 2, 2015
The court found that therefore the ALJ's decision was not clearly erroneous. … , that the denial of specialization was in the best interests of Fatima, was clearly erroneous
Cited 2 timesUnpublishedMarkel International Insurance Co. Ltd. v. Montgomery
2020 IL App (1st) 191175 · Appellate Court of Illinois · Jul 28, 2020
The circuit court also determined that Markel’s indemnity obligation was limited to the policy’s $1 million limit per occurrence and that the incident qualified as one occurrence. ¶2 Both parties appealed … To establish a duty to defend, the complaint needs only to present a possibility of recovery, not a probability, for coverage to potentially exist. La Grange Memorial Hospital v. St.
Cited 1 timesPublished2015 IL App (3d) 140300 · Appellate Court of Illinois · Jan 29, 2016
44 The determination of the competency of witnesses in criminal trials is governed by section 115-14 of the Code (725 ILCS 5/115-14 (West 2012)): “(a) Every person, irrespective of age, is qualified … This holding is clearly at odds with the automatic nature of the substitution permitted under section 114-5 of the Code. People v. Nolan, 332 Ill.
Cited 14 timesPublished
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