Case law

People v. Blanton

352 Ill. Dec. 916 · Appellate Court of Illinois · Jun 30, 2011

. ¶ 20 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, *99 the evidence at trial clearly established defendant's guilt.

Ravenswood Disposal Services v. Illinois Workers' Compensation Comm'n

2019 IL App (1st) 181449WC · Appellate Court of Illinois · Jul 12, 2019

For a factual finding to be against the manifest weight of the evidence, the “opposite conclusion” must be “clearly apparent,” such that “no rational trier of fact could have agreed” with the Commission. Id. … Thus, section 7(a) of the Act contemplates that a child may qualify for benefits based on one statutory ground but not another, and the fact that a child does not qualify under a particular ground will not prevent him or

Maggi v. RAS Development, Inc.

2011 IL App (1st) 91955 · Appellate Court of Illinois · May 26, 2011

RAS Development clearly knew or should have known that, but for plaintiff’s misidentification, it should have been sued. … Having worked as an OSHA safety officer for 17 years and having been in private practice since 1990, Colleran was well qualified in the field of construction safety and was permitted to draw on this extensive

People v. Halprin

119 Ill. App. 3d 922 · Appellate Court of Illinois · Dec 1, 1983

However, the trial court ruled that this particular juror was qualified. In response, defendant replied that upon totally inadequate information she would accept the panel. … Here, defendant was clearly informed of what she was not to comment on before the prospective jurors; however, she constantly violated that order, refusing to recognize the authority of the trial judge.

Hylak v. Marcal, Inc.

335 Ill. App. 48 · Appellate Court of Illinois · Jun 23, 1948

Department, the Board of Education, or other local school authority and shall state that the minor has been thoroughly examined by the physician at the time of his application for an employment certificate, and is physically qualified … The record shows clearly that there was a violation of sec.’ 18 at the time defendant employed- plaintiff on December 28, 1942. In the argument of counsel as to the admissibility of the question propounded to Mr.

In re S.W.N.

2016 IL App (3d) 160080 · Appellate Court of Illinois · Sep 20, 2016

when establishing procedural safeguards attendant to custodial interrogation. … The precise ground for reversal in that case was that the habeas court had extended a rationale, rather than applying a clearly established legal principle, in violation of federal statute. Id. at 666-67.

City of Chicago v. American Cyanamid Co.

355 Ill. App. 3d 209 · Appellate Court of Illinois · Jan 14, 2005

Moreover, a “governmental body need not be asserting an interest affecting everyone in the State in order for it to qualify as a public right.” Board of Education of City of Chicago v. … Clearly, the individuals who illegally possess and use firearms in the city of Chicago are not under the control of the dealer defendants.

Edmonds v. ILLINOIS WORKERS'COMPENSATION

360 Ill. Dec. 282 · Appellate Court of Illinois · Apr 30, 2012

The Department noted that in order to qualify for federal black lung benefits, the claimant must prove that: (1) he worked as a coal miner; (2) he has CWP; (3) his CWP was caused at least in part by exposure to coal mine … Further, there was no formal hearing and the powers of the district director are clearly limited.

800 South Wells Commercial LLC v. Cadden

2018 IL App (1st) 162882 · Appellate Court of Illinois · Jul 31, 2018

Katris, however, much as plaintiff herein, cited section 15-3(g)(3), contending that Doherty exercised some of the authority of a manager in his capacity as director of technology for Viper and, thus, qualified … The marina clearly was never intended to be included as part of the property that plaintiff was meant to obtain.

People v. Burton

409 Ill. App. 3d 321 · Appellate Court of Illinois · Apr 11, 2011

The court found that Garland clearly consented to a search of the entire apartment, but that the State did not meet its burden of establishing that defendant consented to the search. … The State bears the burden of establishing common authority. Rodriguez, 497 U.S. at 181 . Common authority may be either actual or apparent.

People v. Linscott

159 Ill. App. 3d 71 · Appellate Court of Illinois · Jul 29, 1987

It’s more difficult to establish whether hair indeed did come from someone.” … The qualifying factors which limit the value of those tests were repeatedly stated to the jury. The jury should be allowed to determine the weight to be given to this evidence.

People v. Meraz

2024 IL App (2d) 230480-U · Appellate Court of Illinois · Feb 1, 2024

A finding is against the manifest weight of the evidence if the opposite conclusion is clearly apparent or if the finding is unreasonable, arbitrary, or not based on the evidence presented. Id. … We determine that the officer’s statement, witnessing the gun being in the defendant’s pants, was sufficient to establish the commission of the qualifying offense.

People v. Love

327 Ill. App. 3d 313 · Appellate Court of Illinois · Jan 16, 2002

The mask was clearly visible to the jury, and thus the witnesses did not tell the jurors anything they could not see for themselves. … Accordingly, defendant failed to establish both prongs of the Strickland test.

In re: Darren M.

Appellate Court of Illinois · Sep 29, 2006

An order is against the manifest weight of the evidence if the opposite result is clearly apparent. See In re V.O., 287 Ill. … The respondent contends that the evidence failed to establish that the Department of Corrections was the least restrictive placement for him. He argues that Ms.

People v. McPherson

2025 IL App (5th) 240055-U · Appellate Court of Illinois · Feb 6, 2025

hearing 2 when defendant complained about his public defender in connection with the underlying plea and (2) whether defendant could successfully challenge the probation revocation where it was based on a statute that was clearly … media account and a telephone number, as charged in the petition, would violate section 3(a) of the Sex Offender Registration Act (730 ILCS 150/3(a) (West 2022)), which the petition also cites, and that defendant plainly qualifies

Kovak v. Barron

2014 IL App (2d) 121100 · Appellate Court of Illinois · Apr 21, 2014

Sandra asserted that this did not qualify as an admission. The trial court ruled that the statement was an admission against interest that would be admissible at trial. … Thus, Kovac clearly alleged that Sandra was acting as Barron’s agent. Kovac did not allege that Sandra was acting as a principal or was separately incorporated.

Argonaut Midwest Insurance Company v. Morales

2014 IL App (1st) 130745 · Appellate Court of Illinois · Nov 17, 2014

That contract clearly provides that Morales retains exclusive possession and control over the truck, which is clearly inconsistent with the notion that the contract constitutes an agreement to rent the truck … the applicability of paragraphs A and B of the “Truckers–Insurance for Non-Trucking Use” endorsement be entered in favor of Morales and Land Truck, and remand for further proceedings as to whether Land Truck qualifies

Carnevale v. Inland Ryerson Building Systems

169 Ill. App. 3d 740 · Appellate Court of Illinois · Apr 29, 1988

A trial court should enter summary judgment only where the evidence, when construed most strongly against the moving party, clearly establishes that the moving party should prevail as a matter of law. Rambert, 134 Ill. … To answer this question, the issue becomes whether stairs or a ramp would qualify as a support under the Act. It is at this point that we apply the three-prong test of Ashley to the facts of the instant case.

Pilotto v. Urban Outfitters West, L.L.C.

2016 IL App (1st) 160844 · Appellate Court of Illinois · Feb 3, 2017

A motion to dismiss should not be granted “unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to relief.” Tedrick v. … There would be no need for immunity if there was no civil liability for a retailer’s conduct under the Act.

Bella Kay Building Corp. v. City of Chicago

58 Ill. App. 2d 230 · Appellate Court of Illinois · Apr 22, 1965

The sheeting, bracing and lining was to be so placed as to allow the work to be constructed on the lines and grades shown on the plans or established by the Commissioner. … The evidence establishes without contradiction that the defendant was an active tortfeasor while the plaintiffs were passive tortfeasors.”