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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 timesUnpublished63 Ill. App. 2d 246 · Appellate Court of Illinois · Oct 4, 1965
Feigenholtz qualified as executor under Oscar’s will which, after directing payment of debts and taxes, contained in pertinent part: “I give, devise and bequeath all the rest, residue and remainder of my property, of whatsoever … It is, therefore, clearly established that petitioner’s services not only related to the defense of Oscar’s testamentary disposition, but were also directed toward preventing the capture of the trust estate.
Cited 33 timesPublishedChicago School Reform Bd. of Trustees v. Educational Labor Relations Bd.
Appellate Court of Illinois · Nov 16, 1999
Accordingly, these findings and conclusions will not be disturbed unless they are contrary to the manifest weight of the evidence or an opposite conclusion is clearly evident. Midwest Central Education Ass'n v. … corresponding duty to issue a 'notice to remedy' under the appropriate circumstances. * * * * * * We find that the implementation of the 'just cause' provision in arbitration is inconsistent and conflicts with the mandates established
Cited 0 timesPublishedBrowning v. Advocate Health & Hospital Corp.
250 N.E.3d 930 · Appellate Court of Illinois · Sep 15, 2023
But well- established law requires the party seeking a new trial to demonstrate both prejudice and that the error affected the outcome. … There are profound differences between these two formats, and the majority clearly does not comprehend this most salient point.
Cited 7 timesPublishedAppellate Court of Illinois · May 10, 2005
The party challenging a statute has the burden of rebutting that presumption and "clearly establishing" its unconstitutionality. Russell v. … Assuring that tire sellers notify the agency of such sales clearly enhances the collection of fees for those sales.
Cited 0 timesPublished122 Ill. App. 3d 276 · Appellate Court of Illinois · Mar 8, 1984
It was the defendants’ burden to establish that the totality of the circumstances could create confusion or ambiguity. (People v. Fragoso (1979), 68 Ill. App. 3d 428 .) … qualified as general on-the-scene questioning and not custodial interrogation.
Cited 20 timesPublished2025 IL App (2d) 240566-U · Appellate Court of Illinois · Dec 31, 2025
He was later called to testify at defendant’s trial but asserted his privilege against self-incrimination and no immunity was granted. … (Indeed, even without Johnson’s testimony, the trial court clearly discounted Davis’s identification testimony).
Cited 1 timesUnpublishedKim 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 timesUnpublished2022 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 timesUnpublished2021 IL App (4th) 200491-U · Appellate Court of Illinois · Jun 7, 2021
¶ 58 “It is well established that trial courts possess discretion in determining the admissibility of evidence, and a reviewing court may overturn a trial court’s decision only when the record clearly demonstrates … “A reviewing court is entitled to have the issues on appeal clearly defined with pertinent authority cited and a cohesive legal argument presented.
Cited 1 timesUnpublished353 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 timesPublishedTruly Warner Co. v. Royal Indemnity Co.
259 Ill. App. 485 · Appellate Court of Illinois · Jan 26, 1931
Defendant further says that to establish in this case that $25,000 is due from Kaufman Hats, Inc., to plaintiff as rent, also establishes that the relationship of landlord and tenant existed between the plaintiff and Kaufman … “The covenant of the condition is, to pay all damages and loss sustained by reason of the withholding; and that which he was deprived of was the use and occupation of the land, and clearly that .which would compensate him
Cited 2 timesPublished2020 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 17 timesPublished66 Ill. App. 3d 947 · Appellate Court of Illinois · Dec 29, 1978
We cannot agree, however, that a statute establishing a revocation in a sister State as a possible ground for revocation in Illinois is, as the traditional equal protection standard requires, patently arbitrary with no rational … of medicine, in addition to skill and knowledge, requires honesty and integrity of the highest degree. * * * The state under its police powers has the duty of protecting society from those of the profession who are not qualified
Cited 17 timesPublishedConcerned Citizens & Property Owners Illinois Agricultural Ass'n v. Illinois Commerce Comm'n
2024 IL App (5th) 230271-U · Appellate Court of Illinois · Aug 8, 2024
Section 8- 406(b-5) authorized a “qualifying direct current applicant” (QDCA) to file for and obtain a CPCN to construct, operate and maintain a “qualifying direct current project” (QDCP) without owning, controlling, operating … ¶ 13 The Commission determined that GBX “is a qualifying direct current applicant [QDCA]” and the project “is a qualifying direct current project [QDCP] as defined in Section 8-406(b-5) of the Act.”
Cited 1 timesUnpublished2026 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 timesUnpublishedUnited Equitable Insurance Co. v. Calhoun
468 Ill. Dec. 334 · Appellate Court of Illinois · Mar 9, 2022
Without a valid license, a person has not been given the ‘right’ to drive; has not been ‘qualified’ to drive; has not been ‘furnished with proper grounds’ for doing so. … “An agreement will not be invalidated on public policy grounds unless it is clearly contrary to what the constitution, the statutes or the decisions of the courts have declared to be the public policy or unless it is manifestly
Cited 2 timesPublished179 Ill. App. 3d 303 · Appellate Court of Illinois · Feb 1, 1989
Defendant counters that a gun alone cannot be contraband per se, and that subsequent to the time of the seizure, the weapons could be moved out of Chicago and therefore no longer qualify as contraband of any kind. … Ill. 1972), 346 E Supp. 435 (return of contraband per se, such as narcotics or an unregistered still, would clearly have frustrated the express public policy against the possession of such objects), citing United States v
Cited 14 timesPublished2019 IL App (3d) 160516 · Appellate Court of Illinois · Jul 30, 2019
A defendant’s qualifying prior convictions are an element of the offense of being an armed habitual criminal. People v. Davis, 405 Ill. App. 3d 585, 591 (2010). … incompatible with the United States Supreme Court’s command that when, as under Aguilar and here, the conduct penalized by a statute is constitutionally immune
Cited 2 timesUnpublished103 Ill. App. 3d 679 · Appellate Court of Illinois · Dec 29, 1981
However, the accused in a criminal prosecution should be given wide latitude in cross-examining State’s witnesses, and the examiner should be allowed to develop all circumstances tending to explain, qualify, or discredit … Even gruesome photographs are admissible when they are relevant and establish some fact in issue. (See People v. Owens (1976), 65 Ill. 2d 83, 90 , 357 N.E.2d 465 , cert. denied (1977), 430 U.S. 955 , 51 L.
Cited 18 timesPublished
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