Case law

People v. Plackowska

449 Ill. Dec. 396 · Appellate Court of Illinois · Aug 3, 2020

Obolsky testified as an expert in forensic psychiatry and was found qualified to render an opinion on the issue of insanity. … Obolsky was an expert in forensic psychiatry and was found qualified to render an opinion on the issue of insanity. Dr.

Heider v. Leewards Creative Crafts, Inc.

245 Ill. App. 3d 258 · Appellate Court of Illinois · May 14, 1993

Next, defendant argues that plaintiff did not allege facts to establish a knowledge of the falsity of the statement. … Naiditch can be distinguished from the instant case on the basis that such allegations were clearly made by plaintiff in the instant case.

Stapleton Ex Rel. Clark v. Moore

403 Ill. App. 3d 147 · Appellate Court of Illinois · Jun 11, 2010

In Illinois, “ ‘[a] litigant has the right to have the jury clearly and fairly instructed upon each theory which [is] supported by the evidence.’ ” LaFever v. … Circumstances may be developed on cross-examination that explain, qualify, discredit, or destroy the witness’s direct testimony, even though that material may not have been raised on direct examination.

People v. Holmes

2024 IL App (5th) 230122-U · Appellate Court of Illinois · Feb 13, 2024

Moreover, he cannot demonstrate prejudice because the claim clearly fails in any event. ¶ 14 As noted, five eyewitnesses clearly and consistently identified defendant as one of the perpetrators. … Assuming that defendant’s affidavit qualifies as such, its allegations about conversations with the prison guard and the alleged 5 perpetrator are hearsay.

Cramsey v. Knoblock

191 Ill. App. 3d 756 · Appellate Court of Illinois · Dec 14, 1989

A copy of the written report, clearly identifying the plaintiff and the reasons for the reviewing health professional’s determination that a reasonable and meritorious cause for the filing of the action exists, must be attached … It was not necessary for plaintiff to establish the representations were made with an intent to mislead, deceive, or delay. Witherell, however, seems distinguishable from the case at bar.

Klaine v. Southern Illinois Hospital Services

2014 IL App (5th) 130356 · Appellate Court of Illinois · Sep 15, 2014

Dressen’s applications for staff privileges is clearly discoverable under the provisions of that section, either by a court order expressly authorizing the disclosure of the information or with a qualified protective … sufficient facts to establish the applicability of the Medical Studies Act to the documents set forth in “Group Exhibit J.”

In re D.D.

2022 IL App (1st) 220410 · Appellate Court of Illinois · Dec 9, 2022

VOA recommended a JCAP substance abuse assessment on June 16, 2020, which A.C. completed and which indicated that she did not qualify for substance abuse services at that time. … Dolan testified that, after VOA recommended a JCAP substance abuse assessment, A.C. completed it and the resulting assessment indicated that A.C. did not warrant and, thus, did not qualify for substance

People v. Oglesby-Williams

2025 IL App (1st) 231938-U · Appellate Court of Illinois · Jun 3, 2025

of two qualifying offenses. … To overcome this presumption, the defendant must clearly establish that the statute violates the constitution. Id.

Fink v. Baker

46 Ill. App. 3d 1061 · Appellate Court of Illinois · Mar 15, 1977

All defendants are either incorporated in Indiana or qualified to do business there. At issue here is the duty of Indiana landowners or occupants toward persons who come upon their land. … She was clearly a trespasser under Indiana law. It is undisputed that plaintiff was not injured by the wilful or intentional misconduct of defendants-appellees.

Johnson v. Pendarvis

248 Ill. App. 406 · Appellate Court of Illinois · Sep 24, 1927

Such rule of law is well established and is controlling in all cases where it can be properly applied. … The language of the will clearly indicates that the conversion was intended for the purposes of the will only and that no “out and out” conversion was contemplated by the testatrix.

People v. Darren M.

368 Ill. App. 3d 24 · Appellate Court of Illinois · Sep 29, 2006

Vitale qualified as an expert witness in juvenile sex offender evaluations. Ms. Vitale conducted a clinical interview with the respondent. … An order is against the manifest weight of the evidence if the opposite result is clearly apparent. See In re VO., 287 Ill. App. 3d 1055, 1058 , 679 N.E.2d 1241 (1997). B.

In re Jessica M.

Appellate Court of Illinois · Mar 19, 2010

By its terms, section 5-4-3(f)(iii) clearly manifests the legislative purpose delineated in the indexing statute. … Clearly, the statute limits the use of its single DNA database to the purposes set forth in the enactment.

In Re Marriage of Frey

258 Ill. App. 3d 442 · Appellate Court of Illinois · Mar 1, 1994

Petitioner's exhibit # 1 clearly shows that some of what was written was not agreed to by the parties. … In testifying, Whitt freely held himself out as more qualified and more capable of rendering a reliable appraisal than respondent's expert.

People v. Resor

253 N.E.3d 483 · Appellate Court of Illinois · Sep 3, 2024

“The failure to establish either prong is fatal.” People v. Keys, 2023 IL App (4th) 210630, ¶ 59. … Juror Disqualification ¶ 50 Next, defendant argues that all three of his convictions should be vacated because one of the jurors, Moesch, was not qualified to serve.

People v. Pickens

Appellate Court of Illinois · Dec 28, 2004

We begin by noting that "[s]tatutes are presumed constitutional, and the party bringing a constitutional challenge to a statute has the burden of clearly establishing a constitutional violation." People v. … Here, the offenses clearly do not share identical elements, and these two sections target distinct conduct.

Morales v. Herrera

68 N.E.3d 930 · Appellate Court of Illinois · Dec 7, 2016

Furthermore, section 5(a) renders coemployees immune from a common law negligence action. Ramsey v. Morrison, 175 Ill. 2d 218, 224 (1997). … ¶ 31 The record also clearly shows that plaintiffs had an implied contract for hire with Radio.

People v. Zehr

110 Ill. App. 3d 458 · Appellate Court of Illinois · Nov 10, 1982

It is well established that the State is not required to call all of the witnesses to a crime in proving its case ( People v. … Clearly the trial judge did not err in finding that the demeanor of this particular witness was important to the jury in determining the defendant's guilt or innocence.

People v. Stevens

2018 IL App (4th) 160138 · Appellate Court of Illinois · Feb 6, 2019

However, there is a well-established exception to that principle. Sebby, 2017 IL 119445, ¶ 48. Illinois Supreme Court Rule 615(a) (eff. … The other-crimes evidence was more vague, not specific, and clearly admissible.

Bajalo v. Northwestern University

307 Ill. Dec. 902 · Appellate Court of Illinois · Dec 15, 2006

It would be unreasonable to immunize from punitive damages an employer who unjustly discharges a union employee, while allowing the imposition of punitive damages against an employer who unfairly terminates a nonunion employee … Ill. 2d 520, 528 , 478 N.E.2d 1354, 1356-57 (1985), the supreme court refused to extend the tort to encompass discharge for the exercise of the right to free speech, because the plaintiff failed to allege a violation of a clearly

People v. Kohl

Appellate Court of Illinois · Apr 20, 2006

Ct. 1984), the court rejected the argument that an item similar to the one at issue in Whitfield qualified as a set of metal knuckles. … Whitfield is clearly distinguishable, as the item there did not satisfy the definition of metal knuckles.