Case law

People v. Lynon

2026 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.

LaSalle National Bank v. City of Highland Park

344 Ill. App. 3d 259 · Appellate Court of Illinois · Oct 31, 2003

L. 403 , 417 (1997) (the language in Lucas is a “clear warning[ ] *** that parties should not assume that previously settled case law has accurately established a test for determining what constitutes the relevant property … Since, in my assessment, plaintiffs clearly proved their case for a variance before the Board, I beheve the Board’s decision was against the manifest weight of the evidence.

Siegel v. Lake County Officers Electoral Board

Appellate Court of Illinois · Sep 9, 2008

Section 7--61 provides in pertinent part: "The resolution to fill a vacancy in nomination shall be duly acknowledged before an officer qualified to take acknowledgments of deeds and shall include, … Accordingly, we will not reverse the Board's decision unless it is clearly erroneous. Belvidere, 181 Ill. 2d at 205.

In re Estate of Lasley

44 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.

People v. McKiness

105 Ill. App. 3d 92 · Appellate Court of Illinois · Mar 25, 1982

While we do not attempt to delineate herein the parameters of a prosecutor’s comments when confronted with a similar factual situation, we do hold that the statements made under the circumstances before us are clearly improper … Under these circumstances, we find that the defendant waived the asserted error in the jury instruction by his failure to object and that the case also does not qualify for the Rule 451(c) exception to the waiver rule.

People v. Zerbst

252 N.E.3d 388 · Appellate Court of Illinois · Sep 24, 2024

The legislature clearly demonstrated that it knew how to craft such qualifications in sections 104-13 and 104-17. … The defendant is clearly not subject to commitment under the [Mental Health Code].

Martin v. City of Chicago

2023 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.

Silver Fox Limousine v. City of Chicago

306 Ill. App. 3d 103 · Appellate Court of Illinois · Jun 9, 1999

While payment under protest is clearly sufficient to preserve a plaintiffs objection to the tax and seek a refund or credit (see In re Application of Rosewell, 236 Ill. … Plaintiffs fault the city for its lack of action and failure to articulate what qualifies as an exemption.

In Re Estate of Berger

166 Ill. App. 3d 1045 · Appellate Court of Illinois · Dec 23, 1987

The testimony was not offered to establish that Berger's condition was, in fact, permanent. … While I agree with Berger that this trip clearly did not constitute a necessity (see McKanna v.

Fakes v. Eloy

2014 IL App (4th) 121100 · Appellate Court of Illinois · May 15, 2014

Eloy objected, arguing that both veniremembers clearly stated they would be impartial jurors. The trial court denied Fakes’ motions to strike for cause. … Thus, Fakes was required to establish that Eloy “failed to possess and apply the knowledge and use the skill and care ordinarily used by a reasonably well qualified physician practicing in the same or similar

Kleidon v. City of Hickory Hills

120 Ill. App. 3d 1043 · Appellate Court of Illinois · Dec 16, 1983

bound, however, by the rule that when testimony is contradictory in a trial without a jury, the weight to be accorded testimony is a matter to be determined by the trial court and its findings will not be disturbed unless clearly … During cross-examination, plaintiffs' counsel succeeded in qualifying Pollock as a traffic expert and thereafter elicited testimony favorable to plaintiffs’ position.

People v. Hill

468 Ill. Dec. 321 · Appellate Court of Illinois · Feb 14, 2022

- 11 - 2022 IL App (2d) 200416 ¶ 34 We presume that statutes are constitutional, and the party challenging the statute’s constitutionality has the burden of clearly … establishing its invalidity.

People ex rel. Watson v. House of Vision

16 Ill. App. 3d 487 · Appellate Court of Illinois · Nov 21, 1973

Clearly, the definitional aspect and the proscriptive aspects are not mutually exclusive. … In the absence of sufficient proof necessary to establish a prima facie case, we cannot tangentially use these authorities in order to support a position we might be drawn to, but which we believe was inadequately established

Solorzano v. Magnani

2024 IL App (1st) 221169 · Appellate Court of Illinois · Jan 5, 2024

¶ 26 Here, the record establishes a genuine issue of material fact on the “holding out” element. … Prutton, 2020 IL App (2d) 190346, ¶ 55 (concluding that the signed consent forms, which “clearly and unambiguously informed plaintiff that the physicians at the hospital *** were independent contractors,” were sufficient

People v. Miller

115 Ill. App. 3d 592 · Appellate Court of Illinois · Jul 11, 1983

A consistent pattern was established by the four transactions. … Here the trial court made it clear in its remarks at sentencing that it was aware that defendant’s earlier conviction did not qualify him for an enhanced penalty.

People v. Palinski

2026 IL App (3d) 230371-U · Appellate Court of Illinois · Mar 6, 2026

Depends how far along the road you go, but it is clearly known to decrease *** your ability to restrain yourself ***.” … ¶ 30 The evidence at the hearing established that the use of Paxil can cause manic episodes.

Atkins v. Robbins, Salomon & Patt, Ltd.

2018 IL App (1st) 161961 · Appellate Court of Illinois · Apr 27, 2018

The Corporation’s attorney added: “And, your Honor, just we’ve established with [D]r. … These items are clearly some of the overhead expenses for the Corporation as a whole.

People v. Gray

2026 IL App (2d) 250079-U · Appellate Court of Illinois · Apr 16, 2026

¶ 18 The State moved for a directed finding, arguing that there were multiple traffic violations that established probable cause for a traffic stop. … Smith, 172 Ill. 2d 289 (1996), our supreme court held: “The plain language of the statute establishes two separate requirements for lane usage.

People v. Luckett

309 Ill. App. 3d 14 · Appellate Court of Illinois · Nov 22, 1999

His testimony also established that this incident took place in three different locations over a period of time. … Whether the conduct here qualified as felony murder, second degree murder or self-defense was a question of fact for the jury to resolve.

People v. West

263 Ill. App. 3d 1041 · Appellate Court of Illinois · Jun 3, 1994

It is well established that proof of a prior consistent statement made by a witness is hearsay and therefore inadmissible to bolster the witness’ trial testimony. (People v. … App. 3d 141 , 475 N.E.2d 606 (in order for a prior consistent statement to be admitted it must rebut the charge of recent fabrication or it must qualify or explain the inconsistent statement); accord People v.