Case law

People v. Harris

2014 IL App (2d) 120990 · Appellate Court of Illinois · Jul 14, 2014

. ¶4 The relevant evidence at defendant’s bench trial established the following. … Heider, 231 Ill. 2d 1, 18 (2008) (finding no forfeiture “where the trial court clearly had an opportunity to review the same essential claim that was later raised on appeal”). ¶ 20 We turn now to the

Wade v. City of North Chicago Police Pension Board

Appellate Court of Illinois · Aug 3, 2005

Pavlatos and Levin establish the nexus. … The focus of its analysis centered on the meaning of the qualifying label "of disability."

Pro Sapiens LLC v. Indeck Power Equipment Co.

2019 IL App (1st) 182019 · Appellate Court of Illinois · Nov 18, 2020

Utreras, to discuss the background of the case, to explain that Jacob did not commit the discovery violations of which he was accused, and that Pro Sapiens’s expert would help them so establish. … The motion was clearly a motion directed against the judgment, a “postjudgment motion” under Rule 303(a)(1). ¶ 56 Indeck claims that the trial court made no substantive change to its original order.

Hoffman v. Wilkins

132 Ill. App. 2d 810 · Appellate Court of Illinois · Apr 18, 1971

At the hearing, plaintiff presented, as witnesses on his behalf, two doctors who qualified as experts in medical laboratory science. Dr. … If, in transferring these powers of appointment, the legislature had intended to make so substantial a change in their nature as defendants now urge, we believe that the language of the act would have clearly indicated the

In re Marriage of Larocque

2018 IL App (2d) 160973 · Appellate Court of Illinois · Sep 26, 2018

She knew that John had established a qualified personal residence trust, but she was not aware that either she or John had established or funded any other trusts. … To the extent that Janet’s arguments reflect a broader concern that spouses can in all cases transfer assets with complete immunity, her concern is misplaced.

San Roman v. CHILDREN'S HEART CENTER

352 Ill. Dec. 357 · Appellate Court of Illinois · Jun 30, 2011

appeal from an adverse judgment, arguing a subsequent treating physician should not have been allowed to testify for the defendant physician and that jury instructions improperly referred to the standard of care of a well-qualified … establish such a relationship to defeat defendant's ability to communicate with its retained experts."

People v. Bochenek

2020 IL App (2d) 170545 · Appellate Court of Illinois · Jul 10, 2020

Id. ¶ 60 Here, the other-crimes evidence was clearly probative as to defendant’s intent and lack of mistake. … In addition, the evidence was also so similar as to qualify as modus operandi evidence even if identity was not in issue. See People v. Boyd, 366 Ill.

People v. Blanton

2011 IL App (4th) 80120 · Appellate Court of Illinois · Jun 30, 2011

Having found error, we next determine whether the error qualifies as one justifying plain-error review. … However, we find that, contrary to defendant's assertions, the evidence at trial clearly established defendant's guilt.

People v. Nesbit

2016 IL App (3d) 140591 · Appellate Court of Illinois · Dec 6, 2016

Defendant’s left arm was raised, but his right arm was not clearly visible. Poynter testified that defendant “continued to reach down towards the floorboard.” Poynter holstered his gun and drew his Taser. … Unless the petitioner’s allegations are affirmatively refuted by the record, they are taken as true, and the question is whether those allegations establish or ‘show’ a constitutional violation

People v. Rassmussen

143 Ill. App. 3d 11 · Appellate Court of Illinois · Jun 13, 1986

In the instant case, clearly the questions put to defendant on cross-examination were within the scope of his direct examination. … These comments clearly support the State’s argument that the court only considered the photographs for impeachment purposes.

Scott v. Gilkey

49 Ill. App. 116 · Appellate Court of Illinois · Jun 5, 1893

The facts, proved beyond question, in our opinion inevitably established appellant’s liability in this action. … The hypothesis of the argument stated in the second given for plaintiff was not warranted by the evidence, as to the checks; and the fourth should have been qualified by the- inclusion of due notice to the maker that the

Burdash v. Olsen

48 Ill. App. 3d 572 · Appellate Court of Illinois · May 2, 1977

App. 3d 1076 , 335 N.E.2d 524 , is clearly misplaced. In Large, a collateral attack on a tax deed order failed. … However, we find that appellant does not qualify as a bona fide purchaser for purposes of applying the above rule. The.relevant facts as set forth in appellant’s petition for a rule to show cause are as follows.

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. Thornton

2020 IL App (4th) 180681-U · Appellate Court of Illinois · Nov 23, 2020

Defendant claims the evidence did not establish he communicated a threat to F.N. or intended to coerce F.N. to perform a sex act. … When presented with a defendant’s ineffective-assistance-of-counsel claim, we apply the well-established, two-part Strickland test.

People v. Rutherford

210 Ill. Dec. 599 · Appellate Court of Illinois · Jun 26, 1995

Williams established that Clyde was 1 of 15 employees who provided home delivery of the Sun-Times newspaper. … Or, as Rule 804(b)(3) requires, "corroborating circumstances clearly indicate the trustworthiness of the statement.”

In re Commitment of Holt

464 Ill. Dec. 343 · Appellate Court of Illinois · Sep 9, 2022

¶ 69 To establish that Mr. … § 35(d)(1) (establishing the State’s burden of proof). Mr.

Kieken v. City of Joliet

229 N.E.3d 891 · Appellate Court of Illinois · Oct 17, 2023

As for the fourth requirement, we have already established the City’s failure to refute the reasonable necessity of plaintiff’s FOIA lawsuit. See supra ¶ 23. … ¶ 27 The circuit court is “particularly well-qualified to make the partially subjective findings necessary for an award of fees.” (Internal quotation marks omitted.) Peraica v.

UDI No. 2 v. The Department of Public Health

970 N.E.2d 585 · Appellate Court of Illinois · Jun 12, 2012

Notify the House Manager, [qualified mental retardation professional (QMRP)], or Administrator for consultation and direction. C. … The Department found the DSP not qualified to perform a medical evaluation or injury determination.

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.

Pekin Insurance Co. v. Rydzewski

2025 IL App (3d) 240358-U · Appellate Court of Illinois · Aug 4, 2025

In that context, Graunke’s interests were clearly opposed to the Estate’s interests. Thus, by any measure, Graunke lacks standing to invoke the Act. … Here, the evidence conclusively establishes Michelle and Lawrence were residing in separate households at the time of the accident.