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2019 IL App (1st) 170100 · Appellate Court of Illinois · Oct 1, 2019
A lack of standing qualifies as an “affirmative matter” under section 2- 619(a)(9). Id. … It is well established, that in construing a deed the overriding concern is to ascertain and give effect to the intention of the parties. Urbaitis v. Commonwealth Edison, 143 Ill. 2d 458, 467 (1991).
Cited 1 timesUnpublished2023 IL App (5th) 220214-U · Appellate Court of Illinois · Aug 18, 2023
The defendant also argues that the IDOC documents did not establish his eligibility for extended-term sentencing and, further, that the State failed to establish the proper foundation for the admission of the IDOC documents … The State, while arguing that the defendant qualified for extended-term sentencing, did not ultimately seek an extended-term sentence for the defendant.
Cited 1 timesUnpublished2023 IL App (5th) 220214-U · Appellate Court of Illinois · Aug 18, 2023
The defendant also argues that the IDOC documents did not establish his eligibility for extended-term sentencing and, further, that the State failed to establish the proper foundation for the admission of the IDOC documents … The State, while arguing that the defendant qualified for extended-term sentencing, did not ultimately seek an extended-term sentence for the defendant.
Cited 1 timesUnpublished2014 IL App (4th) 131128 · Appellate Court of Illinois · Nov 24, 2014
Clearly, Piat's injuries are of the type contemplated by the Vehicle Code and the supreme court. … The fact that the statute could be found unconstitutional under some set of circumstances does not establish the facial invalidity of the statute. [Citation.]
Cited 1 timesUnpublishedFirst Midwest Bank v. Ottawa Regional Hospital and Healthcare Center
2023 IL App (3d) 220008 · Appellate Court of Illinois · Oct 26, 2023
and documented prior to any elective induction and C-section; and (9) the administration of Rh immune globulin was to be routine for all Rh negative mothers with Rh positive infants or following spontaneous … , depositions, admissions on file, and affidavits, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue as to any material fact and that the moving party is clearly
Cited 2 timesPublished110 Ill. App. 2d 260 · Appellate Court of Illinois · May 19, 1969
Under the law we cannot disturb the verdict of the jury unless it is clearly against the manifest weight of the evidence. Manifest means clearly evident, clear, plain, indisputable.” … As to instruction No. 21-A, plaintiffs argue that the reason for giving the instruction was established by the testimony of Poulos and by Mrs.
Cited 10 timesPublishedPeople Ex Rel. Klingelmueller v. Haas
111 Ill. App. 3d 88 · Appellate Court of Illinois · Dec 20, 1982
Each such statement shall set out the address of such candidate, the office for which he is a candidate, shall state that the candidate is qualified for the office specified and has filed a statement of economic interests … This Section shall not be construed as limiting the authority of any branch of government to establish and enforce ethical standards for that branch."
Cited 11 timesPublished395 Ill. App. 3d 660 · Appellate Court of Illinois · Oct 28, 2009
Neither Beasley nor Jameson establishes that any further notice is required. … It is significant that Senator Radogno also did not qualify her response to whether it applied to a previous conviction for criminal sexual assault or aggravated criminal sexual assault.
Cited 37 timesPublished2019 IL App (1st) 181691 · Appellate Court of Illinois · Oct 7, 2019
Here petitioner must establish that respondent “intentionally and unjustifiably” caused Decedent’s death. … his own deliberate acts it follows that if one wilfully does an act the direct and natural tendency of which is to destroy another’s life, the natural and irresistible conclusion, in the absence of qualifying
Cited 7 timesPublished923 N.E.2d 808 · Appellate Court of Illinois · Feb 3, 2010
Gordon, 221 Ill.2d 414 , 303 Ill.Dec. 806 , 851 N.E.2d 1231 (2006). [4] The previous decisions in this case, from this court and the supreme court, have at least implicitly assumed that, if Ramisch were to be qualified as … These passages equate the purpose of the engineering expert testimony brought here to establish the engineering standard of care with the purpose of medical expert testimony brought to establish the medical standard of care
Cited 0 timesPublished2026 IL App (1st) 240056-U · Appellate Court of Illinois · May 12, 2026
Tack reviewed the surveillance video” because that video did not clearly show whether plaintiff tripped or missed his chair. … And, in any event, Fishel’s presentation of the medical records was clearly ineffective.
Cited 0 timesUnpublished2024 IL App (5th) 231219-U · Appellate Court of Illinois · Feb 23, 2024
“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.” People v. … I find this argument woefully infirm to establish prejudice. See People v.
Cited 0 timesUnpublishedPeople v. Nestrock New opinion does not replace original filed July 15, 1999
Appellate Court of Illinois · Sep 8, 2000
However, it is well established that plain error is an exception to the waiver rule. People v. Enoch , 122 Ill. 2d 176, 189-90 (1988). … Clearly, there were reasons for the State to mention Cornerstones.
Cited 0 timesPublished49 Ill. App. 3d 187 · Appellate Court of Illinois · May 19, 1977
The more precise issue raised is whether a plea of guilty in these circumstances amounts to a determination of guilt when the Cannabis Control Act provides that a qualifying first offender, upon a plea of guilty, can be placed … Again we clearly recognize that the Cannabis Control Act first offender provision represents an enlightened innovation in sentencing.
Reversed on other grounds by People v. DuMontelle, 71 Ill. 2d 157 (1978)Cited 8 timesPublished2021 IL App (3d) 180726-U · Appellate Court of Illinois · Sep 22, 2021
Sufficiency of the Evidence ¶ 51 From my review, the evidence was clearly sufficient to prove that defendant was under the influence of the drug Adderall, which rendered her unable to drive safely. … This inferential proof of intoxication eliminated the need for testimony from a qualified expert regarding the effects of Adderall consumption. See People v.
Cited 3 timesUnpublished2024 IL App (2d) 230453-U · Appellate Court of Illinois · Jul 3, 2024
Cuevas-Escobedo explained that he is 30 years old and was recently found qualified as a gang expert in one other case. … App. 3d 1026, 1036 (2011), which we explained had reasoned that, “although new evidence need not necessarily establish the defendant’s innocence, it must establish a basis for closer scrutiny of the defendant’s guilt.”
Cited 2 timesUnpublishedIllinois Tool Works v. Commerce and Industry Insurance Company
2011 IL App (1st) 93084 · Appellate Court of Illinois · Dec 12, 2011
But Binks clearly owned those rights, whether or not it ever needed to assert them, and it could properly assign them. 5 There is no support for defendants’ assertion that section … Once an injury or loss occurs, the chose in action is established and assignable without the consent of the insurer.
Cited 10 timesPublished2024 IL App (2d) 230593-U · Appellate Court of Illinois · Mar 14, 2024
Defendant was charged with two potential qualifying offenses—escape and criminal damage to government supported property. … “A reviewing court is entitled to have issues clearly defined with pertinent authority cited and cohesive arguments presented (134 Ill.2d R. 341(e)(7) [eff.
Cited 3 timesUnpublishedStop Northpoint, LLC v. City of Joliet
2024 IL App (3d) 220517 · Appellate Court of Illinois · Jan 19, 2024
Fink sets forth the following guiding principle: a prospective nuisance may be enjoined where it clearly appears a nuisance will necessarily result. Id. … Unsatisfactory contract drafting does not qualify as an illegal or unauthorized act of a public body or public official.
Cited 7 timesPublished362 Ill. App. 3d 65 · Appellate Court of Illinois · Oct 21, 2005
The evidence established that Carter received multiple stab wounds to his neck and spinal cord while he was still alive. … The evidence clearly supported a finding that defendant’s behavior was exceptionally brutal or heinous and indicative of wanton cruelty.
Cited 31 timesPublished
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