Case law

Castaneda v. Department of Employment Security

Appellate Court of Illinois · Mar 21, 2025

erroneous where the claimant did not qualify for late filing privileges under section 2720.120(b) of the Illinois Administrative Code … and factual analysis, is reviewed under the highly deferential clearly erroneous standard.

People v. Simpson

2015 IL App (1st) 130303 · Appellate Court of Illinois · May 7, 2015

Jan. 1, 2011) (the newly enacted Illinois Rules of Evidence merely codified existing case law whenever the Illinois Supreme Court “had clearly spoken”); People v. … Simpson conceded Fundell was an expert properly qualified to testify about footprint identification.

People v. Valdez

37 N.E.3d 837 · Appellate Court of Illinois · May 19, 2015

Therefore, his conviction did not qualify as an aggravated felony. ¶ 19 B. … Therefore, because the relevant case law clearly establishes that the offense to which the defendant pled guilty in this case was a deportable "crime involving moral turpitude" under 8 U.S.C. § 1227(a)(2)(

People v. White

2011 IL App (1st) 92852 · Appellate Court of Illinois · Dec 23, 2011

He saw “two other people in the seats behind the driver seat” that he did not see them clearly. … Here, the evidence clearly establishes that defendants were armed when they committed the charged offenses, as required by the sentencing statute.

In re Marriage of Heroy

Appellate Court of Illinois · Sep 17, 2008

Third, she will be in competition with many qualified law librarians who have been honing their skills while Ms. Heroy has been away. … Donna does not contend nor does the record establish that she is unable to pay for her attorney fees.

Village of Chatham v. County of Sangamon

351 Ill. App. 3d 889 · Appellate Court of Illinois · Aug 11, 2004

The special-legislation provision prohibits the legislature from conferring special rights, privileges, or immunity or imposing a specific burden on a specified portion of the population while excluding others who are similarly … recognized ‘ ‘[p]reannexation agreements serve to further important governmental purposes, such as the encouragement of expanding urban areas uniformly, economically, efficiently, and fairly, with optimum provisions made for the establishment

People v. Long

406 Ill. App. 3d 360 · Appellate Court of Illinois · Dec 23, 2010

Long argues that as legal guardian, legal custodian, and a responsible relative, her right to remain a party in this case is clearly evident. Long cites In re Anast, 22 Ill. … According to Long, section 2-28 of the Juvenile Court Act (705 ILCS 405/2-28 (West 2008)) "clearly envisions that a guardian may be returned to that status."

Federal Insurance v. Binney & Smith, Inc.

393 Ill. App. 3d 277 · Appellate Court of Illinois · Jun 30, 2009

Specifically, Federal contends Binney was unable to establish it settled an otherwise covered loss in reasonable anticipation of personal liability. … The supreme court noted Jackson and Lanier did not “ ‘confer a blanket immunization’ from Consumer Fraud Act liability.” Price, 219 Ill. 2d at 249 , quoting Jackson, 197 Ill. 2d at 51-52 .

McCullough v. Knight

293 Ill. App. 3d 591 · Appellate Court of Illinois · Feb 27, 1998

The city cites several Supreme Court cases that trace the evolution of the exclusionary rule under the fourth amendment and establish the appropriate framework for analyzing this issue. … See Immunization & Naturalization Service v. Lopez-Mendoza, 468 U.S. 1032 , 104 S.Ct. 3479 , 82 L.Ed.2d 778 (1984); Leon, 468 U.S. 897 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 ; United States v.

Hurst v. Sholl

232 Ill. App. 169 · Appellate Court of Illinois · Mar 12, 1924

The proof clearly established his ownership. … The settlement occurs over where the coal has been taken out. ’ ’ We are clearly of the opinion that the subsidence complained of was occasioned by the removal of the coal, and failure to leave sufficient support by way of

People v. Mena

329 Ill. App. 3d 579 · Appellate Court of Illinois · Mar 29, 2002

exceptional brutality does not qualify as a finding of fact. … We adopt the more persuasive reasoning of Nitz: “While our legislature clearly authorized the imposition of natural-life imprisonment in certain exceptional cases .of first-degree murder, it did not permit the imposition

People v. Holman

2014 IL App (3d) 120905 · Appellate Court of Illinois · Nov 18, 2014

of wanton cruelty that it qualifies a defendant for extended term even if it is the predicate act of the offense.” … The legislature clearly and unequivocally intended that this varying quantum of harm may constitute an aggravating factor.

People v. Patterson

428 Ill. Dec. 599 · Appellate Court of Illinois · Dec 14, 2018

¶ 24 Due process requires that the proscriptions of a criminal statute be clearly defined. City of Chicago v. Morales, 177 Ill. 2d 440, 448 (1997). … The presence of the limiting language in the recidivist provisions of the Unified Code of Corrections and the absence of that language in the AHC statute establishes that defendant’s claim has no arguable basis in the law

In re Commitment of Hale

2025 IL App (1st) 231931-U · Appellate Court of Illinois · Jul 30, 2025

The prosecutor stated that, considering the State’s evidence, she thought the State had clearly proven the second criteria, to which respondent did not object. … Logan, 2024 IL 129054, ¶ 71), establishes that the evidence proving that respondent is an SVP was overwhelming and not closely balanced.

Walton v. Dirkes

388 Ill. App. 3d 58 · Appellate Court of Illinois · Jan 27, 2009

It is not necessary for a single expert witness to establish the plaintiffs entire case. … Dirkes rendered fell below the standard of care for a reasonably well-trained and qualified family care practitioner. Dr. Brown said he believed it did.

People v. Fernandez

16 N.E.3d 151 · Appellate Court of Illinois · Jul 17, 2014

In this case, to establish that defendant's federal conviction qualified under the Act, the State directed the court to look to defendant's plea declaration in his 1999 federal case, in which he admitted to possessing … We will not overrule the legislature's sentencing mandates, unless the penalty is clearly in excess of the general constitutional limitations. Alcozer, 241 Ill. 2d at 259.

Law Offices of Charles Chejfec, LLC v. Franz

232 N.E.3d 1111 · Appellate Court of Illinois · Dec 28, 2023

A cause of action should not be dismissed pursuant to section 2-615 unless it is clearly apparent that the plaintiff cannot prove any set of facts that will entitle the plaintiff to relief. … In addition to the above requirements, for a defendant’s acts to qualify as acts of inducement, the acts must be directed at the other party in plaintiff’s contractual relationship and not at plaintiff. See Skopp v.

People v. Stewart

406 Ill. App. 3d 518 · Appellate Court of Illinois · Dec 10, 2010

Ryan Rivera, a fire marshal for the city of Chicago, was qualified as an expert in the area of fire investigations. … Although the State was not required to prove that 5354 South Princeton was adjacent to 5405 South Shields, the evidence presented at trial clearly established that the two buildings were adjacent.

People v. Johnson

218 Ill. App. 3d 967 · Appellate Court of Illinois · Sep 6, 1991

Accordingly, we do not find the trial court’s determination that no Batson violation occurred to be clearly erroneous. … We therefore conclude that the trial court did not clearly abuse its discretion in permitting Officer Murphy to testify in rebuttal.

People v. Kosyla

129 Ill. App. 3d 685 · Appellate Court of Illinois · Dec 31, 1984

Several other witnesses referred to the “round object” as a baseball bat, as well, but they all qualified their answer that they did not really know what the object was. … She clearly recognized Mark Beese as one of the people in the group in the street in front of her house, and heard one person in the group say, “I don’t care who that asshole is he cannot go around hitting women.”