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  • People v. Hernandez

    2014 IL App (2d) 131082 · Appellate Court of Illinois · Dec 8, 2014

    To establish this point, lengthy recitation of the record is helpful. … Defendant argues that counsel should have presented witnesses instead and that his decision not to do so, based simply on language barriers, qualifies as ineffective assistance.

    Cited 10 timesPublished
  • Lipscomb v. Wells

    Appellate Court of Illinois · Nov 27, 2001

    The plaintiff further contends that the defendant does not qualify for relief under section 7(b-5) of the Parentage Act of 1984 (750 ILCS 45/7(b-5)(West 2000)). We affirm. … The court held that this contention clearly contravenes the explicit language of section 7(b-5). Accord Jackson v. Newsome , 1-00-2890, slip op. at 18-19 (September 25, 2001).

    Cited 0 timesPublished
  • Johnson v. Thomas

    276 Ill. Dec. 669 · Appellate Court of Illinois · Jul 21, 2003

    He testified this was unnecessary because the revised numbers appeared clearly on the three or four carbonless copies. … The court further found that Johnson qualified as a “creditor” under the TILA due to his role as Bilfeld’s de facto “partner.”

    Cited 35 timesPublished
  • People v. Smith

    466 Ill. Dec. 162 · Appellate Court of Illinois · Nov 19, 2021

    Smith thus clearly cannot make a showing that he was “innocent” of the offenses charged in the indictment. ¶ 22 As Mr. … They will just not arrive there with a certificate from a trial judge automatically establishing their entitlement to such compensation. Id. ¶ 30 Mr.

    Cited 14 timesPublished
  • Lapp v. Village of Winnetka

    359 Ill. App. 3d 152 · Appellate Court of Illinois · Jul 29, 2005

    The court concluded that for those who qualified as “interested parties,” a constitutional due process right is “normally granted to individuals whose property rights are at stake.” Klaeren, 202 Ill. 2d at 183 . … evidence when the court, viewing the evidence in the light most favorable to the administrative agency, determines that no rational trier of fact could have agreed with the agency’s decision and that an opposite conclusion is clearly

    Cited 18 timesPublished
  • People v. Harris

    2021 IL App (1st) 182172 · Appellate Court of Illinois · Mar 5, 2021

    Exhibit 20: McDermott’s immunized testimony at Burge’s federal criminal trial in which he admitted that he was not truthful in testifying at Pinex’s suppression hearing. … A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident or if the finding itself is unreasonable, arbitrary, or not based on the evidence presented.

    Cited 16 timesPublished
  • People v. Peterson

    2023 IL App (1st) 220382-U · Appellate Court of Illinois · Feb 9, 2023

    Trial counsel clearly and coherently explained defendant’s driving record and status at the time of his arrest in this case. … If defendant could establish that his record did not qualify him for sentencing on the felony driving while license revoked count and “that his attorney failed to bring this to the sentencing court’s attention, defendant

    Cited 0 timesUnpublished
  • Midwest REM Enterprises, Inc v. Noonan

    42 N.E.3d 46 · Appellate Court of Illinois · Sep 30, 2015

    are not in furtherance of acts immunized from, liability' under the Act. 735 ILCS 110/20(c) (West 2008); [citation]. … The Restatement (Second) further explains that there are three general categories of relationships that may establish privity.

    Cited 5 timesUnpublished
  • Green v. Board of the Municipal Employees', Officers' & Officials' Annuity & Benefit Fund

    309 Ill. App. 3d 757 · Appellate Court of Illinois · Dec 14, 1999

    Money in the Fund is used to pay certain benefits, including retirement annuities, to persons who qualify under the statute. … Plaintiff claims, without any support, that the legislative amendment that made his cause moot was “clearly passed in response to this litigation.”

    Cited 6 timesPublished
  • Miramar Capital, LLC v. Wells Fargo Clearing Services, LLC

    Appellate Court of Illinois · Jul 9, 2026

    Hefter asserts that Lawlor establishes that under Illinois law, where the evidence establishes tortious conduct that is not part of a scheme to intentionally harm the plaintiff and results only in non-physical and non-economic … In contrast, Hefter asserts that the statement he made was “qualified” and “nestled within a voicemail that is full of qualified language.”

    Cited 0 timesPublished
  • People v. Flores-Hidalgo

    2023 IL App (1st) 231837-U · Appellate Court of Illinois · Dec 11, 2023

    ” ¶ 10 In response, the State asserts that the clear and convincing evidence establishes that the defendant committed a qualifying offense under the SAFE-T Act; that he posed a real and present … A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident or the finding itself is unreasonable, arbitrary, or not based on the evidence presented.”

    Cited 1 timesUnpublished
  • Hall v. Country Casualty Insurance

    204 Ill. App. 3d 765 · Appellate Court of Illinois · Oct 24, 1990

    The court also found that the 1965 Ford Mustang was not a covered auto under Walters’ Country Casualty policy and did not qualify for coverage under that policy as a trailer. … The insured’s intention in acquiring the vehicle, although clearly relevant, is not the sole determinant, nor is the operability of the named insured vehicle. United Farm Bureau, 86 Ill. 2d at 345-46 .

    Cited 21 timesPublished
  • Coyne v. Milan Police Pension Board

    Appellate Court of Illinois · Apr 13, 2004

    The key inquiry in our certificate analysis involves the meaning of the qualifying label ‟of disability.‟ Our dictionary search has revealed no fewer than 21 nuances for the word ‟of.‟ Possible definitions range from ‟[d] … We should enforce the statute as clearly written. However, if we look at legislative intent, I draw an opposite conclusion from that of the majority.

    Cited 0 timesPublished
  • People v. Evans

    2017 IL App (1st) 143268 · Appellate Court of Illinois · Sep 18, 2017

    Indeed, it is well-established that sufficiency of the State’s evidence is not a proper issue for a postconviction proceeding. Id. at 638. … Finding the exclusion of the witness to be an abuse of discretion, the court in Lane noted that the alibi witness that had been permitted to testify had been “clearly discredited” because he admitted to being

    Cited 16 timesPublished
  • People v. Spiezer

    316 Ill. App. 3d 75 · Appellate Court of Illinois · Aug 22, 2000

    The use of expert witnesses in specialized fields is clearly crucial to a criminal defense attorney’s ability to prepare for trial. In People v. … The work product doctrine is qualified. Its application is subject to a showing of necessity by the State, and, further, it does not apply to verbatim statements of witnesses, in accordance with Lego.

    Cited 11 timesPublished
  • People v. Ward

    2021 IL App (2d) 190243 · Appellate Court of Illinois · Jul 7, 2021

    Only an expert on domestic violence syndrome would be qualified to give this type of testimony. … Carbray was not qualified as an expert.

    Cited 15 timesPublished
  • People v. Martin

    46 Ill. App. 3d 943 · Appellate Court of Illinois · Feb 16, 1977

    In the case at bar, the facts indicate that the information received from the unidentified male informer, standing alone, did not qualify as information sufficiently reliable under the citizen-informer rule to support a finding … Any argument that defendant Martin’s conduct in this regard did not constitute attempt murder upon an accountability theory is frivolous because Martin clearly aided in the shooting.

    Cited 25 timesPublished
  • Bofman v. Material Service Corp.

    125 Ill. App. 3d 1053 · Appellate Court of Illinois · Jun 26, 1984

    Ribar (1981), 85 Ill. 2d 1 , 421 N.E.2d 886 , established “pure” comparative negligence as the law of this State, requiring that plaintiff’s damages be reduced in proportion to his own degree of fault. … The barge was not clearly visible after darkness fell.

    Cited 42 timesPublished
  • Camco v. Lowery

    Appellate Court of Illinois · Nov 18, 2005

    The public's right to examine, inspect and review judicial records is clearly spelled out in section 16(6) of the Clerks of Courts Act. 705 ILCS 105/16(6) (West 2004). … Ct. 1230 (2002), establishes Camco's entitlement to a judgment as a matter of law.

    Cited 0 timesPublished
  • Ackerman v. Yapp

    2020 IL App (1st) 182708 · Appellate Court of Illinois · Nov 2, 2020

    Yapp noted that the latex hood was “clearly made -4- for larger devices,” such as the flipper here. … To lay an adequate foundation for expert testimony, plaintiff must establish that the witness qualifies as an expert “by knowledge, skill, experience, training, or education.” Ill. R. Evid. 702 (eff.

    Cited 1 timesPublished

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