Case law

In Re Marriage of Hellwig

100 Ill. App. 3d 452 · Appellate Court of Illinois · Sep 16, 1981

Concluding that petitioner was not then qualified to support herself and was entitled to reasonable maintenance, the court also awarded petitioner rehabilitative maintenance for five years in a sum equal to 40% of respondent … Clearly, a trial court has jurisdiction for 30 days after entry of a final judgment to modify the judgment sua sponte in order to do justice between the parties. (Welch v. Ro-Mark, Inc. (1979), 79 Ill.

People v. Jennings

364 Ill. App. 3d 473 · Appellate Court of Illinois · Jun 2, 2005

The fact that Kernan was such a professional would not qualify her to do much of anything other than these tasks. … This concurrence clearly is obiter dicta as it relates to Jennings, whose conviction and sentence must be affirmed in light of Bush .

Board of Trustees of Southern Illinois University v. Knight

163 Ill. App. 3d 289 · Appellate Court of Illinois · Dec 3, 1987

It has been held that, "when the job clearly requires a high degree of skill and the economic and human risks involved in hiring an unqualified applicant are great, the employer bears a corresponding-lighter burden to show … One who employs an individual for such a position must be especially careful to employ only the most qualified applicants. This case is unlike City of Cairo v. Fair Employment Practices Comm'n (1974), 21 Ill.

Mahoney v. Municipal Officers Electoral Board of the Village of Tinley Park

2021 IL App (1st) 210221-U · Appellate Court of Illinois · Mar 11, 2021

A mixed question of law and fact is reversed if the decision was clearly erroneous; that is, we have a definite and firm conviction that a mistake was made. Id. … only if the Board’s decision on this point was clearly erroneous

People v. Stolberg

2014 IL App (2d) 130963 · Appellate Court of Illinois · Nov 12, 2014

in the first place: to ‘limi[t] the extent of the police’s obligation to preserve evidence to reasonable grounds and confin[e] it to that class of cases where the interests of justice most clearly … Interpreting section 5-4.5-100, the court concluded that “home confinement pursuant to an appeal bond does not qualify as custody entitling one to credit against his sentence under the statute.”

People v. Rushton

254 Ill. App. 3d 156 · Appellate Court of Illinois · Dec 8, 1993

Is the expert qualified in the field, and will his testimony aid the fact finder in the resolution of the dispute? If the answer to these two questions is in the affirmative, then, the testimony is admissible. … Clearly the first part of section 9 — 3(e) contemplates charging defendants with a version of reckless homicide involving intoxication by alcohol or drugs.

People v. Barker

298 Ill. App. 3d 751 · Appellate Court of Illinois · Aug 3, 1998

In order for a statement to qualify for admission as a prior inconsistent statement under section 115 — 10.1, the witness who made the statement must be subject to cross-examination concerning the statement. … Having met all the necessary requirements, Vargas’ statement was clearly admissible as substantive evidence as a prior inconsistent statement under section 115 — 10.1.

Chultem v. Ticor Title Insurance Co.

2015 IL App (1st) 140808 · Appellate Court of Illinois · Feb 19, 2016

Unless a contrary intent by Congress is clearly evident, “use of the same words or phrases in different sections of statute should be given a consistent meaning.” Clardy v. … These were clearly the kickbacks for referrals that Congress wanted to stop. Now, Freeman tells us that RESPA is not a price fixing law, and so, overcharges are permitted.

Pang v. Farmers Insurance Group

2014 IL App (1st) 123204 · Appellate Court of Illinois · May 8, 2014

Hoskins' affidavit supported the motion seeking to establish that the reconstructed policy was an accurate copy of the policy issued to the Chans. … The policy clearly defines "insured" as (1) the named insureds, (2) the named insureds' relatives by blood, marriage or adoption, or (3) any person under the age of 21 in the care of the named insureds.

People v. Hart

101 Ill. App. 3d 343 · Appellate Court of Illinois · Oct 30, 1981

App.3d 196 , 198: "Clearly, a statewide `community standard' based upon public acceptance of material claimed to be obscene is an essential element of proof of the charge." (Emphasis added.) … The fact-finder, be it a jury or a trial judge, is best qualified to determine contemporary community standards.

People v. Gonzalez

407 Ill. App. 3d 1026 · Appellate Court of Illinois · Feb 24, 2011

“Manifest error” is error that is clearly plain, evident, and indisputable. People v. Morgan, 212 Ill. 2d 148, 155 (2004). In arguing that he is entitled to a new trial, the defendant relies on Molstad II. … Although new evidence need not necessarily establish the defendant’s innocence, it must establish a basis for closer scrutiny of the defendant’s guilt. Molstad II, 101 Ill. 2d at 136 .

People v. Farmer

350 Ill. Dec. 978 · Appellate Court of Illinois · Jun 1, 2011

Yet, the testimony was not particularly harmful either, as defense counsel then established no such outstanding complaint against Farmer existed. … Torres, 209 Ill.App.3d 314, 316 , 154 Ill.Dec. 157 , 568 N.E.2d 157 (1991), where counsel in an aggravated sexual assault case clearly misunderstood what qualified as "penetration" under the applicable statute and mistakenly

People v. Dunlap

Appellate Court of Illinois · Aug 7, 2000

Defendant was clearly the initial aggressor. … At that point, as the undisputed evidence clearly established, the victim had not moved since defendant had stopped beating her and there was nothing blocking defendant's way of going down the stairwell.

Crossroads Ford Truck Sales v. Sterling Truck Corporation

406 Ill. App. 3d 325 · Appellate Court of Illinois · Nov 23, 2010

The trial court should not grant the motion to dismiss "unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to relief." Tedrick v. … In its brief, Crossroads contends rebranding of vehicles does not qualify as "good cause" for terminating or failing to renew a franchise under section 4(d)(6)(D).

People v. Hayashi

Appellate Court of Illinois · Oct 30, 2008

Although the parties have not raised this issue, we point out that it is questionable whether this particular massage would qualify as a medical examination or procedure. … Because a contrary finding is not clearly apparent from the record, we will not disturb the trial court’s credibility findings.

People v. Williams

305 Ill. App. 3d 517 · Appellate Court of Illinois · Jun 1, 1999

Information received from an unidentified informer, standing alone, does not qualify as information sufficiently reliable under the citizen-informer rule to support a finding of probable cause to arrest. People v. … Whether consent to enter was voluntary is a question for the trial court to be determined from the totality of the circumstances, and the court’s decision will not be set aside unless it is clearly erroneous. People v.

People v. Whirl

2015 IL App (1st) 111483 · Appellate Court of Illinois · Oct 19, 2015

“[A] decision is manifestly erroneous when the opposite conclusion is clearly evident.” People v. … The evidence clearly establishes a long history, going back to at least 1973, of Pienta’s involvement in abusing suspects in order to obtain confessions.

Grissom v. Board of Education of Buckley-Loda Community School District No. 8

55 Ill. App. 3d 667 · Appellate Court of Illinois · Dec 16, 1977

However, the teacher who replaced plaintiff in the math class testified that he had no problems with the students in that class, that he established his rules and that students would be quiet and continue working if he left … He stated that he was not surprised at the history or social studies assignment, but was rather surprised at the math assignment because there was nothing in his record to indicate that he was qualified to teach math and

People v. Gregory

95 Ill. App. 2d 396 · Appellate Court of Illinois · May 13, 1968

If the existence of certain facts has been established in his mind, touching the guilt or innocence of the accused, to the extent of producing a conviction, he is disqualified, for neither party to the proceeding should be … It was a cardinal rule at common law that jurors, to be qualified as impartial, should stand indifferent between the parties and be wholly free from even the suspicion of bias.

In re Audrey B.

2015 IL App (1st) 142909 · Appellate Court of Illinois · Jun 9, 2015

. ¶8 The trial court qualified Dr. Veena Ramaiah as an expert in pediatric medicine, pediatric emergency medicine, and child abuse pediatrics. Dr. … Ramaiah, does not establish that Dr.