Case law

People v. Alvidrez

21 N.E.3d 720 · Appellate Court of Illinois · Oct 15, 2014

Thus, he was in no way qualified to render the opinion that defense counsel never asked him for in open court, despite the fact that it may have been in his written report. When the court qualified Dr. … The subject matter here was couched in biomechanical terms that he was clearly not qualified to render and would not have assisted the jury in understanding the evidence or made the question of defendant's guilt more or

People v. Williams

364 Ill. Dec. 198 · Appellate Court of Illinois · Aug 14, 2012

Because effective assistance of counsel refers to competent, not perfect, representation, “matters relating to trial strategy are generally immune from claims of ineffective assistance of counsel.” … “To overcome this presumption, the party challenging the statute must clearly establish that it violates the constitution.” Id.

People v. Nunez

325 Ill. App. 3d 35 · Appellate Court of Illinois · Sep 28, 2001

This evidence clearly demonstrates that, at least two months prior to trial, defense counsel was aware that Schalk was the confidential informant working under the name of Tim Seymour. … App. 3d 426, 435 (1998) (“trial counsel’s failure to file a motion to suppress does not establish incompetent representation, especially when that motion would be futile”).

Robinson v. Reif

21 N.E.3d 787 · Appellate Court of Illinois · Nov 24, 2014

Even if defendant’s closing argument could be construed as raising an objection to plaintiffs’ standing, that objection was clearly untimely. … The experts, all qualified in their respective fields, gave differing statements of fact and opinion regarding whether the children would be harmed if they were deprived of visitation with plaintiffs.

Rodarmel v. Pneumo Abex, LLC

354 Ill. Dec. 6 · Appellate Court of Illinois · Sep 15, 2011

For our part, we certainly are not qualified to opine that the tumorous mice meet scientific standards. … And the jury was no more qualified than we are in that respect. ¶ 128 In short, absent a qualified expert opinion that the tumorous mice were scientific evidence of a relationship between asbestos and cancer—and, indeed,

People v. Soto Replaces withdrawn Opinion filed January 15, 2003

Appellate Court of Illinois · Sep 2, 2003

Thus, the statements and defendant's reactions thereto do not qualify as tacit admissions. … There is clearly no evidence to support the prosecutor's statement that Oldaker said "[T]hat's the defendant" when shown a picture of the Tahoe.

PepsiCo, Inc. v. Illinois Department of Revenue

2025 IL App (1st) 230913-U · Appellate Court of Illinois · Mar 19, 2025

Without this foreign payroll, FLNA fails to qualify as an 80/20 company. ¶ 47 1. … However, the “reliance on the advice of a professional does not necessarily establish that a taxpayer exercised ordinary business care and prudence.” 86 Ill. Adm.

Chambliss v. BD. OF FIRE & POLICE COMM'RS

20 Ill. App. 3d 24 · Appellate Court of Illinois · Jun 6, 1974

It is well established that on administrative review the court does not re-weigh the evidence. … The total record clearly reflects that anyone involved in the charges was allowed to come forward and tell his story.

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

National Tea Co. v. Gaylord Discount Department Stores, Inc.

100 Ill. App. 3d 806 · Appellate Court of Illinois · Sep 30, 1981

The lease clearly gives Gaylord exclusive possession of the rented premises. … Although it is not clear how licenses with third parties could affect a landlord-tenant relationship established by a written lease, we examined the agreements.

Wysocki v. Reed

222 Ill. App. 3d 268 · Appellate Court of Illinois · Dec 27, 1991

There is one case which clearly supports the defendants’ position. In Senn v. … Similarly, in the case before us, the pleadings establish that both defendants sold a defective drug to Loyola University Hospital.

American Alliance Insurance v. 1212 Restaurant Group, L.L.C.

342 Ill. App. 3d 500 · Appellate Court of Illinois · Jul 11, 2003

The court found that statement clearly defamed him and is covered by the ERP exclusion. Adams, 231 F. Supp. 2d at 505 . … Absent vexatious behavior by the insurer, an insured cannot recover attorney fees incurred in bringing a declaratory judgment action against the insurer to establish coverage. Westchester Fire Insurance Co. v. G.

People v. Wilson

124 Ill. App. 3d 831 · Appellate Court of Illinois · Jun 1, 1984

As there is no contention that guilt was not established, we will set forth only the evidence relevant to the issues presented. … Furthermore, the mere authorization of a psychiatric examination is not enough to establish that the trial court entertained a bona fide doubt of defendant’s fitness. (People v.

People v. Ruiz

444 Ill. Dec. 754 · Appellate Court of Illinois · May 26, 2020

¶ 32 Ruiz’s 40-year sentence qualifies him for the protections that Miller affords a juvenile. But Ruiz committed the offense at age 18. … petition cannot be established in this case.

Schroeder v. Sullivan

2018 IL App (1st) 163210 · Appellate Court of Illinois · Aug 24, 2018

The section further provided that the term “trustee” meant “the trustee or trustees from time to time qualified and acting and whenever two co-trustees are acting, their decision or action must be taken together … It is well established that a trustee “ ‘is bound to keep clear, distinct, and accurate accounts.

Woodlawn Security Finance Corp. v. Doyle

252 Ill. App. 68 · Appellate Court of Illinois · Feb 27, 1929

note knew that it was executed in connection with a contract between the maker and the payee; that the defendant’s signature to the instrument was obtained through fraud and circumvention and that the plaintiff failed to establish … They were clearly erroneous. The judgment of the municipal court of Chicago is, accordingly, reversed and the cause remanded. Judgment reversed and cause remanded. Holdom, P. J., and Wilson, J., concur.

People v. J.J.C.

294 Ill. App. 3d 227 · Appellate Court of Illinois · Jan 13, 1998

Carr testified that a person suffering from a psychotic situation could be able to speak clearly and unhesitantly. … Carr’s testimony regarding respondent’s mental capacity and mental disorders establishes that he could not have knowingly and intelligently waived his constitutional rights.

People v. Young

Appellate Court of Illinois · Sep 23, 2002

App. 3d 181 , 742 N.E.2d 763 (2000) ( Apprendi clearly exempts recidivist statutes); People v. Roberts , 318 Ill. … If no prejudice to the defendant is established, then there is no need to determine separately whether counsel's performance was deficient. People v. Albanese , 104 Ill. 2d 504, 527 , 473 N.E.2d 1246 (1984).

People v. Dorothy H.

407 Ill. App. 3d 858 · Appellate Court of Illinois · Mar 4, 2011

The therapists concluded that, because of this, they were not qualified to make any assessment regarding the appropriateness of visitation between William and respondent, as the court had requested. … He clearly stated that he did not want to have any contact with respondent, including visitation.

People v. Morgan

2024 IL App (4th) 240103 · Appellate Court of Illinois · Apr 12, 2024

On January 2, 2024, the State filed a verified petition to deny defendant pretrial release on dangerousness grounds, citing both charges as qualifying offenses. See 725 ILCS 5/110-6.1(a)(1), (4) (West 2022). … These are not the kind of decisions where any particular outcome can be described as “clearly evident,” the relevant outer boundary under manifest weight review. See People v.