Case law

People v. Butler

78 Ill. App. 3d 809 · Appellate Court of Illinois · Nov 16, 1979

Similarly, the habitual criminal act, which establishes mandatory life sentences, contains such limiting language. (Ill. Rev. Stat., 1978 Supp., ch. 38, par. 33B — 1.) … That statute, of course, imposes a mandatory life sentence on those who qualify under its provisions. That statute is clearly not the basis for appellant’s sentence.

In re Detention of Varner

Appellate Court of Illinois · Aug 9, 2000

The party challenging a statute bears the burden of clearly establishing that it is unconstitutional. People v. DePalma , 256 Ill. App. 3d 206, 210 (1994). … In this case, the trial court clearly indicated that it had sufficient information to make its decision.

Robinson v. Johnson

346 Ill. App. 3d 895 · Appellate Court of Illinois · Mar 25, 2004

However, as we have previously pointed out in this opinion, it is our role to give effect to a clearly worded statute, no matter the result. … The three factors to be considered are: (1) whether the decision to be applied nonretroactively established a new principle of law, either by overruling clear past precedent on which litigants may have relied or by deciding

People v. Aleman

281 Ill. App. 3d 991 · Appellate Court of Illinois · Jun 18, 1996

violation of his right to a "speedy prosecution” and speedy trial under the Illinois and United States Constitutions; (5) erred in finding that he was an active participant in the bribery scheme; and (6) improperly refused to immunize … The italicized language clearly demonstrates that Rule 368(b) applies only to parties who are entitled to seek review. Here, Aleman was not so entitled.

Uhr v. Lutheran General Hospital

226 Ill. App. 3d 236 · Appellate Court of Illinois · Feb 26, 1992

Clearly, the jury could have determined from the testimony of Dr. … Ronnett and of the nurses is clearly and amply established by independent testimony, and should be imputed to the defendant hospital, thus providing the basis for affirming the judgment of the trial court.

Shared Imaging, LLC v. Hamer

2017 IL App (1st) 152817 · Appellate Court of Illinois · Jun 28, 2017

¶ 19 Appellants have the burden of establishing appellate jurisdiction. U.S. Bank National Association v. IN Retail Fund Algonquin Commons, LLC, 2013 IL App (2d) 130213, ¶24. … App. 3d 539, 544 (2011) (citing numerous cases holding that the phrase “final and appealable” does not qualify as a Rule 304(a) finding).

Abel v. Fox

211 Ill. Dec. 129 · Appellate Court of Illinois · Aug 17, 1995

noting the actual issue involved there, concluded: "We find Mid-Town stands for the proposition that where a defendant’s employment is contingent upon signing a restrictive covenant, without more, such evidence fails to establish … Clearly, the covenant was not ancillary to an employment contract. The sole purpose of the agreement was to restrain trade.” (Creative Entertainment, 265 Ill. App. 3d at 348-49 , 638 N.E.2d at 221 .)

Dean v. Smith

2017 IL App (1st) 170404 · Appellate Court of Illinois · May 11, 2017

He also sought to add a request to otherwise declare the April 4 election void and establish a special election. We took the motion with the case. … An agency’s application of undisputed law to established facts presents a mixed question of fact and law that is reviewed under the “clearly erroneous” standard. Id.

Ladao v. Faits

2019 IL App (1st) 180610 · Appellate Court of Illinois · Apr 23, 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.

Kolodziejzak v. M. Simon & Associates

Appellate Court of Illinois · Sep 23, 1997

One such procedure established that garbage was to be taken out a glass side door one hour before closing, rather than taken out the back door after dark. … Thus, defendant clearly retained control of the security operations on its premises even though such services were provided by an outside security firm.

Lampke v. Pawlarczyk

Appellate Court of Illinois · May 30, 2000

(C130) The court also established a constructive trust over the Trust assets that had been withdrawn by Linda. … Linda also points to Section 3(1) of the Act, which provides that: "[a] person establishing a trust may specify in the instrument the rights, powers, duties, limitations and immunities applicable to the trustee, beneficiary

Marshall Savings & Loan Ass'n v. Henson

78 Ill. App. 2d 14 · Appellate Court of Illinois · Nov 9, 1966

It is the established law in Illinois that a petition comes too late when it is presented after the judge has ruled on a substantive issue in the cause. City of Chicago v. Hamlin, 24 Ill2d 148, 180 NE2d 473 . … These cases are clearly distinguishable on the facts from the case at bar.

People v. Flowers

2015 IL App (1st) 113259 · Appellate Court of Illinois · Feb 20, 2015

The area in which both men witnessed the shooting was illuminated by a streetlight. ¶ 37 McCray’s affidavits, which clearly state that he did not see the actual shooting, but only the aftermath of the shooting … To satisfy the first prong, a defendant must overcome the presumption that contested conduct which might be considered trial strategy is generally immune from claims of ineffective assistance of counsel.

Heiss v. Retirement Board of the Municipal Employees' Annuity and Benefit Fund of Chicago

2023 IL App (1st) 220487-U · Appellate Court of Illinois · Nov 3, 2023

Additionally, the Internal Revenue Service opined by letter, at the Fund’s request, that Heiss qualified as an employee for federal taxation purposes. … We conclude that the Board’s decision is clearly erroneous and that Kathleen Heiss established her legal right to a widow’s annuity.

City of Morris v. Community Landfill Co.

354 Ill. Dec. 160 · Appellate Court of Illinois · Aug 5, 2011

Evidence at the hearing established that CLC paid the City $399,208.98 in dumping royalties from 2001 to 2005. … A penalty will be set aside only if it is clearly arbitrary, capricious or unreasonable.

Termini v. Board of Review of the Illinois Department of Employment Security

2023 IL App (1st) 221003-U · Appellate Court of Illinois · Jun 8, 2023

facts, we are presented with a mixed question of law and fact to which we apply the “clearly erroneous” standard. … This conclusion was not clearly erroneous.

Wilmington Savings Fund Society v. Cahill

2020 IL App (2d) 191024-U · Appellate Court of Illinois · Dec 1, 2020

Thus, the court concluded that plaintiff established its case regarding the foreclosure and sale. … ¶ 15 This court is entitled to clearly defined issues, citations to pertinent authority, and cohesive arguments. Parkway Bank & Trust Co. v. Korzen, 2013 IL App (1st) 130380, ¶ 10.

People v. Price

456 Ill. Dec. 352 · Appellate Court of Illinois · Nov 23, 2021

¶ 139 Even if not offered to prove defendant’s subsequent conduct, the text messages were clearly commands and not statements of fact. … Lawson was qualified based on his training and experience to offer testimony about signs that a person is dead, and he testified he was trained that rigor mortis is one of these signs.

In re Marriage of Moriarty

2024 IL App (1st) 230270 · Appellate Court of Illinois · Mar 29, 2024

When Rhonda sought estate planning assistance in 2018, she learned that Lindsey might qualify for nonminor child support due to her disabilities, and the petition at issue soon followed. … A determination is contrary to the manifest weight of the evidence only when an opposite conclusion is clearly apparent or when the court’s findings appear to be unreasonable, arbitrary, or not based upon the evidence.

People v. Ehley

Appellate Court of Illinois · Apr 21, 2008

The court also noted that the evidence clearly established that defendant's BAC was obtained through a blood draw at the hospital before Deputy Verckler arrived at the hospital. … In a statutory summary suspension hearing, the defendant motorist bears the burden of proof to establish a prima facie case for rescission. People v. Granados, 332 Ill.