Case law

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. Jackson

2024 IL App (1st) 241356 · Appellate Court of Illinois · Oct 25, 2024

He has always maintained his innocence and has clearly done nothing to bring about his own convictions. … A prima facie case has certainly been established here.

In re Marriage of Rocha

2015 IL App (3d) 140470 · Appellate Court of Illinois · May 29, 2015

Child Support Proceedings, 2010 Through 2014 ¶ 18 The record contains Lori’s “Petition to Establish Support,” filed with the court on March 2, 2010. … Consequently, the trial court found Stephen’s “conscious act” to withhold information from the court constituted a fraud upon the court. ¶ 36 We note Judge Baron was uniquely qualified to make this finding based

In re A.F.

2012 IL App (2d) 111079 · Appellate Court of Illinois · May 7, 2012

incarcerated, the minor had not visited respondent in “a long time,” he had not completed substance abuse treatment, and, although respondent attended Narcotics Anonymous meetings, “that doesn’t *** qualify … I applaud the Winnebago County public defender for establishing separate conflicts divisions.

Schandelmeier-Bartels v. The Chicao Park District

2015 IL App (1st) 133356 · Appellate Court of Illinois · Mar 17, 2015

discharge] because under the legal principle of no double recovery for wrongs arising out of one indivisible set of facts, she now has no further claim for damages, and without a claim for damages, she cannot establish … “Application of the doctrine of collateral estoppel must be narrowly tailored to fit the precise facts and issues that were clearly determined in the prior judgment.” Nowak, 197 Ill. 2d at 390-91.

People v. Champaign News-Gazette

205 Ill. App. 3d 480 · Appellate Court of Illinois · Nov 15, 1990

Specifically, the News argues section 1 — 5(6) clearly excepts the news media and the victim from the class of the general public. … Establishing a procedure to identify efficiently all persons seeking admission to a juvenile proceeding falls within this discretion.

CE Design Ltd. v. Speedway Crane, LLC

2015 IL App (1st) 132572 · Appellate Court of Illinois · Jul 30, 2015

¶8 Once a company is "qualified," it has the option of being listed in the Blue Book. … The FCC has "ma[de] clear that the existence of an established business relationship establishes consent to receive telephone facsimile advertisement transmissions."

Soo Line Railroad v. Hynes

269 Ill. App. 3d 81 · Appellate Court of Illinois · Aug 16, 1994

It attempted to coordinate its efforts with the Department in order to establish a double layer of auditing the schedules, thereby securing the accurate taxation of all railroad property situated in Cook County. … Instead, he acted upon the unsubstantiated statements of Wiley, who clearly was proceeding without any authority, whether it be by statute, rule, regulation or otherwise.

Greaney v. Industrial Commission

358 Ill. App. 3d 1002 · Appellate Court of Illinois · Jun 29, 2005

The first two methods each require a claimant to be employed for a period of 52 weeks prior to the date of injury and are clearly not applicable in this case. … The third method for calculating an average weekly wage set forth in section 10 is clearly applicable in this case.

Smith v. Stover

15 Ill. App. 2d 78 · Appellate Court of Illinois · Nov 19, 1957

Trusts are not established for the purpose of providing a trustee with its sole means of maintenance. … , and he must establish by a preponderance of the evidence that he is entitled to the compensation claimed.

Craddock v. Board of Education

76 Ill. App. 3d 43 · Appellate Court of Illinois · Jul 26, 1979

Under that section, the board is given the power: “To dismiss a teacher for incompetency, cruelty, negligence, immorality or other sufficient cause and to dismiss any teacher, whenever, in its opinion, he is not qualified … Both sections, by their plain meaning, clearly contemplate permanent termination of employment. What is at stake in the instant case is not dismissal or removal.

People v. Outlaw

75 Ill. App. 3d 626 · Appellate Court of Illinois · Aug 14, 1979

The scope and extent of cross-examination rests primarily within the discretion of the trial court and only when clearly abused, resulting in manifest prejudice to the complaining party, will a reviewing court interfere with … Although the question of whether the script having been prepared before the newscast could have qualified as a business record under the statute is debatable, its admission, if error, was harmless.

United Airlines, Inc. v. Pappas

Appellate Court of Illinois · Apr 16, 2004

The trial court found Herman qualified as an expert in the field of real estate valuation. At trial, Herman described the methodology he used to appraise the property. … Taxpayer contends that this appeal presents a mixed question of law and fact, which requires application of the "clearly erroneous" standard of review.

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 M.G.

2024 IL App (1st) 232106 · Appellate Court of Illinois · Aug 26, 2024

Respondent maintains that had he “been S.G.’s brother or cousin,” he would not qualify as a “family member” under the aggravated criminal sexual abuse statute and could not be convicted of that offense. … ” ¶ 38 Section 11-0.1 of the Code states “unless the context clearly requires otherwise,” the term family member “means a parent, grandparent, child, aunt, uncle, great-aunt, or great-uncle, whether by whole blood,

People v. English

2014 IL App (1st) 102732-B · Appellate Court of Illinois · Jul 30, 2014

" -8-  1-10-2732 ¶ 30 This court affirmed the trial court's denial of leave to file, finding English's petition failed to establish a claim … To qualify as newly discovered evidence, the evidence must have been unavailable at trial and could not have been discovered sooner through due diligence. Morgan, 212 Ill. 2d at 154.

Horwitz v. Sonnenschein Nath & Rosenthal

2018 IL App (1st) 161909 · Appellate Court of Illinois · Jun 28, 2019

This is clearly not the equivalent of Horwitz’s damages or losses. … legal remedy might be unavailable, in any event, as “[a]ny subsequent action against the State by the plaintiff for damages resulting from an unlawful suspension would certainly raise issues of governmental immunity

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.

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.

In re Marriage of Plancon

2023 IL App (1st) 220510-U · Appellate Court of Illinois · Dec 29, 2023

They entered into a qualified domestic relations order (QDRO) to reflect that transfer. … Like the BP 401(k), the BP RAP was to be transferred by a qualified domestic relations order (QDRO).