Case law

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.

Aero Services International, Inc. v. Human Rights Commission

291 Ill. App. 3d 740 · Appellate Court of Illinois · Aug 29, 1997

When Kitchens was discharged, Becker looked at the background of all the current employees to determine whether they would be qualified to fill the supervisor’s job. … It argues the evidence at the hearing clearly showed that Aero Services did not have the requisite number of employees for applicability of the Act.

People v. Harris

2020 IL App (5th) 160454 · Appellate Court of Illinois · Dec 21, 2020

Nelson clearly made the statements under the belief that death was imminent. Nelson had suffered several gunshot wounds and expressed the belief he was dying. … Although many dying declarations may not be testimonial, there is authority for admitting even those that clearly are. [Citations.]

Securus Technologies, Inc. v. Illinois Commerce Commission

12 N.E.3d 634 · Appellate Court of Illinois · May 16, 2014

¶ 43 In addition, Consolidated's lawsuit was dismissed by the circuit court of Sangamon County based on Consolidated's lack of standing to sue and the doctrine of sovereign immunity. … As previously noted, when requested by an affected person, the Commission may issue a declaratory ruling where there is a clearly stated controversy or uncertainty.

Wade v. City of Chicago Heights

216 Ill. App. 3d 418 · Appellate Court of Illinois · Jun 28, 1991

The City insists that Harry failed to establish the necessary foundation for a claim of future medical expenses. … The City’s failure to either raise the Tort Immunity Act in its answer or amended answer or argue it before the circuit court, precludes consideration of this issue on appeal.

City of Bloomington v. John Allan Co.

18 Ill. App. 3d 569 · Appellate Court of Illinois · Apr 4, 1974

Schalk asserts as a basis for her immunity from the plaintiff's sought relief that she was a bona fide purchaser for value. … This record does not establish *583 that she was a bona fide purchaser for value. Indeed, the affidavit purporting to establish this fact was written not by her but by one Geraldine D. Hoffmann.

Harrison v. Addington

955 N.E.2d 700 · Appellate Court of Illinois · Sep 6, 2011

“This qualified privilege does not apply where officers act solely for their own gain or solely for the purpose of harming plaintiff since such conduct is not undertaken to further the corporation’s interest … ¶ 82 CONCLUSION ¶ 83 The record clearly establishes that appellant’s conduct in having relationships not only with subordinates, but also with wives and a daughter of employees

People v. Ramsey

2024 IL App (3d) 230690-U · Appellate Court of Illinois · Dec 11, 2024

S.G. could still see through the fabric but not clearly. The man forced S.G. to perform oral sex. The man held the gun to S.G.’s head, and she begged him not to kill her. … The record clearly demonstrates counsel put forth a rigorous defense and appropriately addressed the absence of defendant’s testimony during his closing argument.

Jackson-Hicks v. The East St. Louis Board of Election Commissioners

2015 IL App (5th) 150028 · Appellate Court of Illinois · Feb 19, 2015

"[F]actual determinations are against the manifest weight of the evidence if the opposite conclusion is clearly evident." Id. … The "clearly erroneous" standard of review applies to mixed questions of law and fact. Cinkus, 228 Ill. 2d at 211.

Jackson-Hicks v. The East St. Louis Board of Election Commissioners

27 N.E.3d 247 · Appellate Court of Illinois · Feb 17, 2015

"[F]actual determinations are against the manifest weight of the evidence if the opposite conclusion is clearly evident." Id. … The "clearly erroneous" standard of review applies to mixed questions of law and fact. Cinkus, 228 Ill. 2d at 211.

Suburban Cook County Regional Office of Education v. Cook County Board

282 Ill. App. 3d 560 · Appellate Court of Illinois · Jul 12, 1996

We approve of this procedure, which clearly removes the taint of perceived conflict.” (Emphasis added.) Sklowdowski, 162 Ill. 2d at 127 . … He also established that the State’s Attorney, who is obliged to represent both Dr. Lehman and the Board, was unwilling to represent Dr. Lehman.

Rybak v. Dressler

178 Ill. App. 3d 569 · Appellate Court of Illinois · Dec 29, 1988

Such an opposite conclusion is clearly evident here. At the outset, the court’s finding that the note was either “missing” or “non-existent” is plainly erroneous. … We cannot agree with Rybak’s argument in reply that the court’s judgment indicates all “transfers of funds” were loans to be repaid as opposed to “other expenditures” which were familial in light of the court’s qualifying

Moller v. Lipov

368 Ill. App. 3d 333 · Appellate Court of Illinois · Sep 29, 2006

On appeal, defendants contend that: (1) the trial court erred in denying their motions for directed verdict or judgment n.o.v. where plaintiffs expert was not qualified and failed to establish that any deviation of the standard … The opposite conclusion was not clearly evident, the jury’s findings were neither unreasonable nor arbitrary, and the findings of the jury were based upon the evidence.

People v. Aleman

Appellate Court of Illinois · Mar 31, 2000

In exchange, Almeida was given immunity from prosecution for Logan's murder. … Here, the evidence of the bribe, although prejudicial, was clearly probative and relevant to show defendant's consciousness of guilt.

Gilliam v. Board of Trustees of the City of Pontiac Police Pension Fund

101 N.E.3d 199 · Appellate Court of Illinois · Apr 5, 2018

statutory requirements for independent contractor status set forth in section 212 (freedom from control and direction, performance of services outside the usual course or places of business, and establishment … ¶ 30 Since Johnson, many courts have relied on the supreme court’s findings therein to analyze whether an officer’s conduct qualified for “line-of-duty” pension benefits.

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.

Jackson v. Reid

Appellate Court of Illinois · Jun 29, 2010

It is well established that only relevant evidence is admissible. Maffett v. … The court went on to say: “It was not necessary for the document to qualify as a business record.

People v. Priester

2021 IL App (4th) 180644-U · Appellate Court of Illinois · Apr 19, 2021

The State argues the trial court’s finding that defendant failed to meet his burden of establishing purposeful discrimination under Batson was not clearly erroneous. … While the parties failed to clearly delineate each step of the three-step process under Batson, the trial court ultimately determined defendant failed to meet his burden of establishing purposeful discrimination.

In re Estate of John Schumann

67 N.E.3d 365 · Appellate Court of Illinois · Nov 3, 2016

Lack of standing qualifies as an “affirmative matter” within the meaning of section 2-619(a)(9). Schlenker, 209 Ill. 2d at 461, 808 N.E.2d at 998. … Kuecker, 2012 IL 111443, ¶ 54, 962 N.E.2d 418 (considering a motion to dismiss asserting immunity as a section 2-619 motion, despite its label as a section 2-615 motion).

In re: Hannah E.

Appellate Court of Illinois · Sep 28, 2007

A person is subject to involuntarily commitment if it is established by clear and convincing evidence that the person has a mental illness and, because of her illness, she is " 'reasonably expected to inflict serious physical … Baetiong stated that it was clearly her opinion that respondent believed that others were out to harm her and "ruin" her life, particularly the City of Chicago and its employees who took her animals and forced her from