Case law
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161 Ill. App. 3d 1054 · Appellate Court of Illinois · Sep 30, 1987
Weber would have testified that Handy said he, Handy, wanted immunity but that Weber told him that in view of Handy’s direct involvement and the evidence against him, immunity would not be given. … We have a different situation here, and we are talking about establishing a conspiracy first between the original conspirators.”
Cited 8 timesPublishedAppellate Court of Illinois · Dec 28, 2000
To prove the defendant guilty of attempt, the State is required to establish beyond a reasonable doubt that the defendant intended to commit the offense and that the defendant took a substantial step toward the commission … We first note that Nunn qualified its holding by stating that the presumption is not controlling and may be overcome by "other considerations." Nunn , 77 Ill. 2d at 248 .
Cited 0 timesPublished2025 IL App (1st) 231952-U · Appellate Court of Illinois · Feb 20, 2025
To qualify for benefits under the Act, Mr. Ford was required to establish eligibility under both sections 10(a) and (b). … Accordingly, we will reverse the Village’s decision only if we find that it is clearly erroneous.
Cited 0 timesUnpublished44 N.E.3d 1117 · Appellate Court of Illinois · Jul 8, 2015
According to the motion, "DNA testing provides a means to establish with certainty the relationship of the individuals in question and ascertain that [decedent] was not the father of Marean Lasley, Inda C. … Regardless of the affidavits petitioner attached to his complaint, Fontaine clearly alleged decedent was not the biological or adoptive father of Inda, Marean, or Timmy.
Cited 2 timesUnpublished394 Ill. App. 3d 170 · Appellate Court of Illinois · Sep 2, 2009
After the trial court dismissed the negligence count on grounds of immunity, the plaintiffs voluntarily dismissed the willful-and-wanton-misconduct count. Hudson, 228 Ill. 2d at 466 , 889 N.E.2d at 212 . … In establishing discovery deadlines and ruling on permissible discovery and testimony, the court shall consider discovery undertaken (or the absence of same), any misconduct, and orders entered in prior litigation involving
Cited 49 timesPublished425 Ill. Dec. 887 · Appellate Court of Illinois · Oct 26, 2018
Yet the court clearly prefaced its smoking-related instructions by stating “I know that some of you want to go outside for a few minutes.” … Rep. 1027, 1028 (King’s Bench) (no immunity when the court was without jurisdiction); Pulliam v.
Cited 4 timesUnpublishedVillage of Orland Hills v. Citizens Utilities Co.
347 Ill. App. 3d 504 · Appellate Court of Illinois · Mar 15, 2004
Clearly, this language does not transform the requirement that Citizens purchase a certain quantity of water from Oak Lawn into a mandate that Citizens supply some of this water to the A&M Parcel. … Furthermore, Citizens contends that a certificate of public convenience and necessity is not to be construed as granting a monopoly or an exclusive privilege, immunity or franchise. 220 ILCS 5/8 — 406(f) (West 2002).
Cited 10 timesPublishedJ.H. v. Ada S. McKinley Community Services, Inc.
308 Ill. Dec. 255 · Appellate Court of Illinois · Dec 29, 2006
With respect to the issue of his age, the In re Spain court actually stated as follows: “It is well established that a minor who is a defendant in a purely civil action may not act in his own name but must appear through … In the present case, the record clearly reveals that respondent was 19 years of age at the time of the hearing.
Cited 10 timesPublishedCook v. AAA Life Insurance Co.
2014 IL App (1st) 123700 · Appellate Court of Illinois · Aug 11, 2014
The court noted that the focus is on whether the proposed amendment alters the nature and qualify of proof required for the defendant to defend the claim. … Neither of those reasons can reasonably be said to establish a moral or legal high ground for AAA Life.
Cited 34 timesPublished53 N.E.3d 186 · Appellate Court of Illinois · Apr 13, 2016
After discussing this, Lokesh agreed to allow Rakesh to find qualified counsel. Rakesh did so and found Potter. All the parties agreed to meet on March 11, 2006. … Instead, it looks only to, as we have noted, whether it has been established that an instrument in writing exists, that instrument establishes an amount due and the time for payment, and that amount
Cited 22 timesUnpublished2021 IL App (4th) 200316-U · Appellate Court of Illinois · May 14, 2021
The contribution from Petitioner’s nonmarital estate established the majority of this equity.” … Given that increased equity, petitioner concluded, “$200,000.00 of that [was] clearly attributable to the contribution from [his] non-marital estate.
Cited 0 timesUnpublished2023 IL App (1st) 221116-U · Appellate Court of Illinois · Sep 29, 2023
An instruction does not justify reversal unless it clearly misled the jury and resulted in prejudice to the appellant. Dynek v. City of Chicago, 2020 IL App (1st) 190209, ¶ 25. … Illinois Power Co., 62 Ill. 2d 456, 468 (1976), the supreme court established the standard for a landowner’s liability for a dangerous condition on the land.
Cited 4 timesUnpublishedAppellate Court of Illinois · Jun 26, 1998
Thus, while the general rule governing preagency [contacts] does not require disclosure of the terms of a prospective agent's compensation, we believe that facts could be established which would support imposition of a … This would mean that the defrauding defendant has successfully accomplished his fraud and is still immune from an action in deceit.
Cited 0 timesPublished34 Ill. App. 3d 7 · Appellate Court of Illinois · Nov 6, 1975
We feel that the foundation for the admission was clearly adequate, regardless of whether the identifying witness knew details of the taldng of the photographs or the condition of the boxcar at the time. … Ill.App.2d 97 , 260 N.E.2d 415 , in which it was stated at page 104: “With reference to subjects on which opinions are usually formed without analyzing the reason for them or noticing their elements and where the witness is qualified
Cited 20 timesPublishedAppellate Court of Illinois · Aug 3, 1998
In order for a statement to qualify for admission as a prior inconsistent statement under section 115-10.1, the witness who made the statement must be subject to cross-examination concerning the statement. … Having met all the necessary requirements, Vargas' statement was clearly admissible as substantive evidence as a prior inconsistent statement under section 115-10.1.
Cited 0 timesPublishedLyons v. Chicago City Railway Co.
171 Ill. App. 374 · Appellate Court of Illinois · Jun 14, 1912
, and it is also true that the party holding the burden of proof must establish his case by a preponderance of the evidence, and that the number of witnesses upon either side is an element in determining where the preponderance … It is insisted that the use of the term ‘plaintiff’s case’ and authorizing a verdict for plaintiff if he proves ‘his case’ was erroneous, for the reason that the words were not qualified by any reference to the allegations
Cited 0 timesPublished977 N.E.2d 1189 · Appellate Court of Illinois · Sep 21, 2012
To demonstrate performance deficiency, a defendant must establish that counsel’s performance fell below an objective standard of reasonableness. People v. Edwards, 195 Ill. 2d 142, 162 (2001). … This authority existed only if the second qualifying conviction occurred prior to the commission of the current offense. Holmes, 405 Ill. App. 3d at 184.
Cited 39 timesPublished247 N.E.3d 661 · Appellate Court of Illinois · Mar 28, 2024
Stokes was qualified as an expert witness in the field of psychiatry. She noted it was her first time testifying in court. ¶9 According to Dr. … Stokes, the State, and the circuit court establish a reasonable expectation respondent will be subject to the same actions again.
Cited 2 timesPublishedMcMillan v. The Board of Zoning Appeals and Planning of the City of Charleston
2022 IL App (4th) 210501-U · Appellate Court of Illinois · Apr 19, 2022
Put another way, a mixed question asks whether the facts satisfy the statutory standard or whether the rule of law as applied to the established facts is or is not violated.” Id. … preserves and public hunting areas operated or licensed by the Department of Natural Resources. *** (c) An owner or operator of a firearm range *** is immune
Cited 0 timesUnpublished2026 IL App (1st) 242141-U · Appellate Court of Illinois · May 21, 2026
Flournoy, 2024 IL 129353, ¶ 73 (explaining that evidence that establishes a claim of constitutional trial error by definition cannot qualify as the kind of new evidence needed to establish an actual innocence … The only requirement is that the motion clearly designate the statute under which each ground for dismissal is being brought. Id.
Cited 0 timesUnpublished
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