Case law

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  • People v. Brown

    2019 IL App (1st) 161204 · Appellate Court of Illinois · Jul 23, 2019

    The court concluded that the trial court’s finding that the petitioner had failed to establish a prima facie case was not contrary to the manifest weight of the evidence: “It is certainly not clearly evident … And that context clearly makes a difference.

    Cited 1 timesUnpublished
  • In re Marriage of Budorick

    2020 IL App (1st) 190994 · Appellate Court of Illinois · Nov 20, 2020

    He cites no authority for this proposition, which is clearly contradicted by the plain language of the statute. … This was clearly sufficient to put the matter properly before the court for consideration.

    Cited 1 timesPublished
  • People v. Harris

    2023 IL App (3d) 210217-U · Appellate Court of Illinois · Jul 28, 2023

    ¶9 Ja.W. was 10 years old when he testified at trial and was granted immunity to compel him to testify. … Evidence of Jo.W.’s death, allegedly caused by the firearm left in a place accessible by the children, was clearly evidence of a crime other than those at issue in this trial.

    Cited 0 timesUnpublished
  • Dass v. Yale

    2013 IL App (1st) 122520 · Appellate Court of Illinois · Feb 21, 2014

    The trial court found immunity under the LLC Act, which caused the instant appeal arising from the dismissal of plaintiffs’ fifth amended complaint pursuant to sections 2-619(a)(5) and (a)(9) of the Code of … Thus, “[s]ection 10-10 clearly indicates that a member or manager of an LLC is not personally liable for debts the company incurs unless each of the provisions in subsection (d) is met.” Puleo, 368 Ill.

    Cited 14 timesPublished
  • Board of Education of Rockford School District No. 205 v. Illinois Educational Labor Relations Board

    258 Ill. App. 3d 859 · Appellate Court of Illinois · Feb 14, 1994

    negligence, immorality or other sufficient cause, to dismiss any teacher who fails to complete a 1-year remediation plan with a 'satisfactory’ or better rating and to dismiss any teacher whenever, in its opinion, he is not qualified … The District contends the arbitrator’s award conflicts with sections 10 — 22.4 and 24 — 12 of the School Code because the plain language of those sections and the legislative intent establish that a school board alone was

    Cited 7 timesPublished
  • People v. Better

    33 Ill. App. 3d 58 · Appellate Court of Illinois · Oct 10, 1975

    Likewise, Better and Stalle contend that it was not established that they had danced for gain, or that they acted knowingly. The following evidence pertinent to this appeal was adduced. … The fact-finder, be it a jury or a trial judge, is best qualified to determine contemporary community standards.

    Cited 12 timesPublished
  • Levine v. City of Chicago

    2024 IL App (1st) 231245 · Appellate Court of Illinois · Dec 9, 2024

    “Even when two statutes share nearly identical definitions, there can be critical differences in context, or limiting language elsewhere in one statute, that qualifies the term in question.” People ex rel. … The legislature was clearly aware of that definition when it enacted the speed camera statute. See Christ Hospital & Medical Center, 295 Ill.

    Cited 1 timesPublished
  • People v. Dwight

    307 Ill. Dec. 189 · Appellate Court of Illinois · Nov 21, 2006

    Kelly said he did not think there was sufficient information to say defendant qualified for a manic episode every day in October and November. In Dr. … But the presumption serves no useful purpose when the issue of a defendant’s sanity is clearly raised. People v. Childs, 51 Ill. 2d 247, 256-58 , 281 N.E.2d 631 (1972).

    Cited 14 timesPublished
  • Stewart v. Boone County Housing Authority

    428 Ill. Dec. 81 · Appellate Court of Illinois · Sep 28, 2018

    way, whether the rule of law as applied to the established facts is or is not violated.” … Critically, however, this statement is then qualified, with the following language appearing at the end of the subsection: - 11 ­ 2018 IL App (2d) 180052 “In making

    Cited 2 timesUnpublished
  • People v. Rebollar-Vergara

    2019 IL App (2d) 140871 · Appellate Court of Illinois · Jul 22, 2019

    Evidence of an express agreement between defendant and Garcia was not necessary to establish a common purpose to commit a crime, as defendant’s cues to Garcia established his participation in the criminal … Defendant faced a high burden to establish reversible error in the context here.

    Cited 10 timesPublished
  • People v. Garrett

    2021 IL App (5th) 180277-U · Appellate Court of Illinois · Jan 21, 2021

    The State responds that the inquiry was adequate, because the calling of witnesses is typically a matter of trial strategy that is immune to claims of ineffective assistance of counsel, and because, at the inquiry, the … Cuneo, on the motion of the defendant, to evaluate the defendant’s “sanity at the time of the offense, and whether he would qualify for a guilty-but-mentally-ill plea.”

    Cited 1 timesUnpublished
  • Solaia Technology, LLC v. Specialty Publishing Co.

    Appellate Court of Illinois · Mar 31, 2005

    The article further stated: "Clearly, on the surface, the goal of this group was to enable the staunchest of competitors to play nice in the sandbox and develop an elusive open [ i.e. , nonproprietary] standard. … Whether Defendants Pleaded Actual Malice Applying our finding to the instant case, we must determine whether plaintiffs here sufficiently pleaded facts to establish actual malice.

    Cited 0 timesPublished
  • People v. Edwards

    2015 IL App (3d) 130190 · Appellate Court of Illinois · Jun 12, 2015

    The trial court clearly found the officers’ testimony credible that they initially only brought defendant in to establish his whereabouts and ask a few questions. ¶ 61 Finally, the officers were not bound by … - 10 - ¶ 71 Similarly, defendant here brought his motion pursuant to section 104-13(a), requesting that the court appoint a qualified expert to evaluate

    Cited 8 timesPublished
  • Murdock v. Murdock

    121 Ill. App. 429 · Appellate Court of Illinois · Jun 7, 1905

    The sum of fifteen hundred dollars to be paid to her by his executors or administrators within sixty days after said executors or administrators shall be qualified to act as such, and the receipt of the said party of the … The general principles of law pertaining to ante-nuptial contracts have been very clearly established by the Supreme Court of this state.

    Cited 0 timesPublished
  • People v. Wilson

    2022 IL App (2d) 210734-U · Appellate Court of Illinois · Nov 23, 2022

    The prosecutor’s statement clearly recognized the independent statutory requirement under the SORA that, by pleading guilty to a qualifying offense, defendant would be obligated to register as a sex offender. … That simple fact establishes beyond a reasonable doubt that defendant had the necessary knowledge and intent because he showed the pornography to a third person.

    Cited 0 timesUnpublished
  • People v. Weston

    353 Ill. Dec. 636 · Appellate Court of Illinois · Aug 12, 2011

    Specifically, he contends Nyoka was not qualified to give lay testimony about the meaning of the term "Lord," as used by the defendant and Yelvington, and Colbert's testimony, that the defendant and his group were known to … Hence, our holding of error in this appeal does not conflict with this court's decision in Brian Weston's appeal. ¶ 36 In sum, the evidence clearly demonstrated that the defendant's acts were not inexplicable.

    Cited 11 timesPublished
  • Daniels v. Industrial Commission

    315 Ill. App. 3d 580 · Appellate Court of Illinois · Jun 19, 2000

    This language does not qualify or limit the situations in which the chairman may designate an acting commissioner. See Cochran, 167 Ill. App. 3d at 862 . … The court stated: “It was clearly the intention of the framers of this constitutional provision that the appointing power, in cases of all offices established by the constitution or created by law, should be vested in the

    Cited 2 timesPublished
  • Kim v. Hemingway House Condominium Assoc.

    2023 IL App (1st) 211115-U · Appellate Court of Illinois · May 1, 2023

    He argued that the Prior Board made a well- reasoned decision to adopt Option 2, relying upon qualified experts. … Kim also reasserted his position that “judgmental immunity” applied, because his advice had been well-reasoned.

    Cited 0 timesUnpublished
  • Aero Testing & Balancing System Inc. v. Human Rights Commission

    185 Ill. App. 3d 956 · Appellate Court of Illinois · Jun 28, 1989

    The statutory definition of “handicap” requires a showing that the employee is qualified in that his handicap is unrelated to his ability to perform his job. Ill. Rev. … The testimony clearly shows this is a classic case of the employer benevolently “protecting” the employee from his own handicap.

    Overruled on other grounds by Castaneda v. Illinois Human Rights Commission, 132 Ill. 2d 304 (1989)Cited 5 timesPublished
  • People v. Dailey

    2026 IL App (5th) 260064-U · Appellate Court of Illinois · May 5, 2026

    A party may not simply “dump the burden of argument and research” on the reviewing court; rather, a reviewing court is “entitled to have the issues clearly defined and to be cited pertinent authority.” … Morgan on February 6, 2025, 11 months prior, which established a de novo standard of review for pretrial detention hearings held without live testimony. Morgan, 2025 IL 130626, ¶ 54.

    Cited 0 timesUnpublished

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