Case law

Ladao v. Faits

430 Ill. Dec. 322 · Appellate Court of Illinois · Feb 19, 2019

As the movant, defendant bore the burden of establishing that she was entitled to such a holding. … The trial court clearly found that defendant failed to carry that burden and did not establish that her statements were protected opinions.

In re Marriage of Sunday

Appellate Court of Illinois · Dec 16, 2004

The trial court completely ignored in its findings the uncontradicted qualifying testimony offered by Baker and petitioner regarding their activities. … Instead, based on the foregoing analysis, the opposite conclusion, that Baker and petitioner had not established a conjugal relationship, was clearly apparent.

Inman v. Howe Freightways, Inc.

2019 IL App (1st) 172459 · Appellate Court of Illinois · Aug 26, 2019

Consequently, the motion judge clearly abused his discretion by imposing such harsh sanctions. … propriety of the trial judge’s pretrial ruling to allow the opinion of Morgan that Langholf could have reached the nearest exit. ¶ 163 Generally, expert opinion testimony will be admissible if the expert is qualified

People v. Fikara Supplemental Opinion on Denial of Rehearing - see end of this opinion

Appellate Court of Illinois · Oct 10, 2003

Finally, defendant argues that the statutes under which he was sentenced did not require the State to provide notice in the charging instrument of the facts allegedly qualifying him for an enhanced sentence. … Finally, medical testimony established that the victim had prior sexual contact.

People v. Walker

2021 IL App (4th) 190073 · Appellate Court of Illinois · Aug 10, 2021

The defendant must overcome the strong presumption that counsel’s actions are matters of trial strategy, and they are generally immune from claims of ineffective assistance of counsel. People v. … Defendant fails to establish how trial counsel’s strategy was objectively unreasonable. Valdez, 2016 IL 119860, ¶ 14.

North Shore Community Bank & Trust Co. v. Sheffield Wellington, LLC

2014 IL App (1st) 123784 · Appellate Court of Illinois · Nov 25, 2014

is not among the purposes of the doctrine of judicial admissions, it must appear that the party making the statement had no reasonable possibility of being mistaken in order for the statement to qualify … Kiferbaum clearly states that the plan was for Bluewater to reimburse his father for the work.

Rice v. Cook County Officers Electoral Board

2024 IL App (1st) 240230-U · Appellate Court of Illinois · Feb 23, 2024

Mixed questions of law and fact will only be reversed if the decision was clearly erroneous. Cinkus, 228 Ill. 2d at 211. … The Illinois State Bar Association found “Ashonta Rice” qualified to serve as Judge of the Circuit Court of Cook County in 2023. ¶ 20 The Candidate got married in 2012.

Meites v. City of Chicago

184 Ill. App. 3d 887 · Appellate Court of Illinois · Jun 20, 1989

The city argues that the Department of Revenue’s interpretation of the ordinance is to be considered persuasive authority unless it is “clearly erroneous, arbitrary, or unreasonable.” (Mitee Racers, Inc. v. … However, by defining ‘amusement’ to include ‘racquetball or health clubs,’ and by further establishing a tax on those clubs’ membership fees, the city has gone far beyond merely taxing particular activities [citation], and

Colorcraft Corp. v. Department of Revenue

136 Ill. App. 3d 217 · Appellate Court of Illinois · Aug 27, 1985

The Department’s ruling was based upon a finding that plaintiff’s photofinishing business was a service occupation and plaintiff was not engaged in manufacturing such that machinery purchased by plaintiff qualified for the … Rules and regulations promulgated pursuant to legislative authority should be set aside only when they are clearly arbitrary, capricious or unreasonable. Acker v. Department of Revenue (1983), 116 Ill.

People v. Crum

183 Ill. App. 3d 473 · Appellate Court of Illinois · Apr 19, 1989

The proper scope of cross-examination extends to matters raised on direct examination, including all matters which explain, qualify, or destroy the testimony on direct examination. (People v. Hunter (1984), 124 Ill. … Only where the court clearly has abused its discretion, resulting in manifest prejudice to the defendant, will a reviewing court interfere. Kline, 92 Ill. 2d at 504 .

Boyd v. Department of Employment Security

2019 IL App (1st) 182138-U · Appellate Court of Illinois · Dec 2, 2019

Nevertheless, the record supports the Board’s determination of ineligibility was not clearly erroneous. … ” ¶ 27 Moreover, Boyd failed to establish she did not voluntarily leave work without good cause attributable to her employer.

People v. Martin

359 Ill. Dec. 511 · Appellate Court of Illinois · Mar 16, 2012

In support of its decision, the court noted that Bryan's gunshot wound, and arguably Johnny's as well, qualified as a severe bodily injury sufficient to trigger a mandatory consecutive sentence. … Unlike Johnson , the other crimes evidence here was used to establish defendant's identity, not his intent or propensity to commit crimes.

People v. Hatchett

397 Ill. App. 3d 495 · Appellate Court of Illinois · Dec 29, 2009

Such a finding is against the manifest weight of the evidence if the opposite conclusion is clearly evident. People v. Stiff, 391 Ill. App. 3d 494, 499 , 904 N.E.2d 1174, 1179 (2009). … “A dying declaration qualifies as a hearsay exception because it is considered trustworthy where the likelihood of fabrication is minimal due to the declarant’s belief that death is imminent.” Graham, 392 Ill.

Paul H. Schwendener, Inc. v. Jupiter Electric Co.

358 Ill. App. 3d 65 · Appellate Court of Illinois · May 11, 2005

A cause of action should be dismissed pursuant to a section 2 — 615 motion only if it is clearly apparent that no set of facts can be proven which will entitle the plaintiff to recover. Borowiec v. … However, Hardy was never qualified as an expert in the valuation of Jupiter’s assets and we do not believe that her testimony suggesting that American found the price paid for Jupiter’s assets to be “sufficient” establishes

In re Commitment of Rendon

2014 IL App (1st) 123090 · Appellate Court of Illinois · Jan 27, 2015

Consistent with the Act, respondent was thereafter “reexamined” yearly to determine whether he qualified for conditional release. See 725 ILCS 207/55 (West 2010); Stanbridge, 2012 IL 112337, ¶ 49. … In short, this case does not present the quantum of evidence required to clearly and convincingly demonstrate that respondent was at that time a threat to the safety of others.

Palm v. 2800 Lake Shore Drive Condominium Association

2014 IL App (1st) 111290 · Appellate Court of Illinois · Jun 24, 2014

Clearly, the second and third elements of res judicata are met. ¶ 42 The question here is whether the first requirement of res judicata is met. … The Court, also, finds that the defendants’ breach of fiduciary duties constituted gross negligence because the defendants duties were clearly established in the Declaration and Condominium

People v. Johnson

455 Ill. Dec. 341 · Appellate Court of Illinois · Aug 23, 2021

The voices on the recording do not enunciate words very clearly. … A “commonsense assessment” of the evidence adduced at this trial establishes that it was not closely balanced. ¶ 39 As to the erroneous jury instruction given in this case, it is well established that “[a] fair

People v. Jackson

358 Ill. App. 3d 927 · Appellate Court of Illinois · Jun 30, 2005

We begin our analysis by recognizing the well-established rule that “[a]ll statutes are presumed to be constitutional, and the burden of rebutting that presumption is on the party challenging the validity of the statute to … demonstrate clearly a constitutional violation.”

Mt. Vernon Education Ass'n v. Illinois Educational Labor Relations Board

278 Ill. App. 3d 814 · Appellate Court of Illinois · Mar 29, 1996

The Board’s expertise in educational labor matters makes it best qualified to make a determination on what issues are subjects of mandatory bargaining. See Central City Education Ass’n v. … ” waiver of bargaining because waiver must be established by clear and unmistakable language. 2 Pub.

People v. Watts

2026 IL App (4th) 250533 · Appellate Court of Illinois · Apr 17, 2026

Trotter stated he was able to clearly view defendant’s face prior to the shooting. … Smith, 195 Ill. 2d 179, 188 (2000) (“Matters of trial strategy are generally immune from claims of ineffective assistance of counsel.”).