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3.16s
17 Ill. App. 3d 746 · Appellate Court of Illinois · Feb 11, 1974
The objection, rather, is based in this court on the contention that no proper foundation was established for Wiberg’s opinion. … The Court is of the opinion that at this time the defendant clearly understood all of the proceedings that were taking place, there was presented, a person who was intelligent and clearly could answer substantially all of
Cited 18 timesPublishedAppellate Court of Illinois · Aug 20, 2010
Our Illinois Act clearly satisfies the due process requirements under Addington. … Respondent has failed to establish a due process violation. Accordingly, the judgment of the circuit court is affirmed. Affirmed.
Cited 0 timesPublished2018 IL App (1st) 140725 · Appellate Court of Illinois · Aug 24, 2018
A party must lay a foundation sufficient to establish the reliability of the bases for the expert’s opinion.” … I, § 11. ¶ 99 All statutes carry a strong presumption of constitutionality and “the party challenging the statute bears a heavy burden of clearly establishing its constitutional infirmities.
Cited 26 timesPublished2022 IL App (5th) 200288-U · Appellate Court of Illinois · Dec 2, 2022
Section 122-2 of the Act requires that the petition must, among other things, “clearly set forth the respects in which petitioner’s constitutional rights were violated.” 725 ILCS 5/122-2 (West 2018). … Such decisions are generally immune from claims of ineffective assistance of counsel.” People v. Munson, 206 Ill. 2d 104, 139-40 (2002).
Cited 0 timesUnpublished2021 IL App (4th) 200213-U · Appellate Court of Illinois · Sep 27, 2021
She stated that she had been granted immunity for her testimony and the State agreed to dismiss the charge against her. … Because defendant cannot establish Strickland-type prejudice, he has failed to establish Corum’s ineffectiveness. ¶ 65 3.
Cited 1 timesUnpublished2020 IL App (1st) 171830-U · Appellate Court of Illinois · Aug 31, 2020
¶ 17 The State presented a stipulation that defendant had been previously convicted of two qualifying felony offenses. … Decisions regarding what evidence to present at trial are matters of trial strategy, and as such, are generally immune from claims of ineffective assistance of counsel. People v.
Cited 0 timesUnpublishedO'Loughlin v. Servicemaster Co. Limited Partnership
216 Ill. App. 3d 27 · Appellate Court of Illinois · Jun 19, 1991
If covered by the Act, both borrowing employer and loaning employer share the immunity conferred by section 5(a) of the Act (Ill. Rev. … However, neither by citing Dildine nor in any other way have defendants established that they were plaintiff’s joint employer.
Cited 22 timesPublishedGrako v. Bill Walsh Chevrolet-Cadillac Inc.
229 N.E.3d 869 · Appellate Court of Illinois · Oct 13, 2023
, depositions, admissions, and affidavits on file, 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 … If that desire was the sole motive behind the interference, it is “almost certain” to qualify as improper interference. Id.
Cited 15 timesPublishedCitizens Nat. Bank of Decatur v. Doran
3 Ill. App. 2d 383 · Appellate Court of Illinois · Nov 29, 1954
Hardin, an incompetent-, duly qualified as such, and thereafter was substituted as a party plaintiff, and the title of the action was changed accordingly. … The evidence objected to comes clearly within the rule. Illinois Central Railroad Co. v. Sutton, 42 Ill. 438 ; West Chicago Street Railroad Co. v. Carr, 170 Ill. 478 .”
Cited 7 timesPublished244 Ill. App. 3d 820 · Appellate Court of Illinois · Apr 8, 1993
The petition does not state what number of signatures is required to form a majority and what number qualified in any category. There is no circulator's certification of the signatures. … However, unlike the case before us, in two of the cases relied on by the petitioners, the evidentiary record clearly showed that the information in the petition was also sufficient.
Cited 18 timesPublishedPeople ex rel. Madigan v. Cochonour
361 Ill. App. 3d 1021 · Appellate Court of Illinois · Oct 20, 2005
Clearly, he did not purge himself of contempt in the trial court. The court’s finding therefore was not an abuse of discretion or against the manifest weight of the evidence. C. … Even assuming defendant could prove his compliance or inability to comply with the order by proxy, the paralegal’s affidavit does not establish that no agency would issue a surety, as several indicated they would mail or
Cited 1 timesPublished59 Ill. App. 2d 441 · Appellate Court of Illinois · May 20, 1965
One of these single family residences is devoted to two-family use but there is nothing in the record to show when such use was established, and whether it is a legal nonconforming use. … The court there found that it was clearly apparent and virtually conceded by one of plaintiff’s witnesses that the predominant characteristic of the neighborhood is its single-family residential development.
Cited 17 timesPublished2025 IL App (1st) 241923 · Appellate Court of Illinois · Jun 17, 2025
Patton believed that Alena did not pose a threat to anyone, that she was a good mother, and that she was qualified to be alone with J.K. … During Alena’s closing argument, the court made several comments that establish it was mindful of the relevant factors in section 214(c)(1).
Cited 0 timesPublished245 N.E.3d 583 · Appellate Court of Illinois · Mar 4, 2024
The State then addressed the timeline of recent events, stating defendant established a record that he was a concern and a danger. … Swan, 9 2023 IL App (5th) 230766, ¶ 12. “ ‘A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident or if the finding
Cited 7 timesPublishedAppellate Court of Illinois · Sep 26, 2000
In light of the inconsistent, contradictory testimony presented at trial, along with the clearly questionable credibility of the State's occurrence witnesses, we cannot say that evidence of defendant's guilt in this case … If believed, Matthews' testimony would have established that the October 15, 1991, rape could not have occurred.
Cited 0 timesPublished288 Ill. App. 3d 701 · Appellate Court of Illinois · May 14, 1997
According to the report, the "establishment of the Public Service Administrator class is consistent with a broad banding approach to classification and will enable management flexibility in the assignment of duties and creation … As a reviewing court, we must employ this standard of review because administrative agencies are inherently more qualified to decide technical problems and the mechanics of dealing with them.
Cited 23 timesPublishedCommunity Unit School District No. 5 v. The Illinois Educational Labor Relations Board
12 N.E.3d 120 · Appellate Court of Illinois · Jun 5, 2014
¶ 65 Although the District had considered outsourcing as far back as 2003, the evidence clearly established that the transportation department's problems had significantly worsened over the years. … Thus, the IELRB's finding that the District violated section 14(a)(5) of the Act is clearly erroneous. ¶ 86 4.
Cited 1 timesUnpublishedSkrabets v. Tikhvinskiy Law, LLC
2023 IL App (2d) 210635-U · Appellate Court of Illinois · Sep 19, 2023
Our supreme court has instructed that United States Supreme Court interpretation of federal law “is clearly binding” on Illinois courts. Id. … To recover under the FDCPA a plaintiff must make a threshold showing that the money being collected qualifies as a “debt” pursuant the FDCPA. Oppenheim v. I.C.
Cited 0 timesUnpublished395 Ill. App. 3d 224 · Appellate Court of Illinois · Oct 15, 2009
“A decision regarding parental fitness is against the manifest weight of the evidence where the opposite conclusion is clearly the proper result.” In re D.D., 196 Ill. 2d at 417 . … The evidence presented at the best-interests hearing established that Shirley has provided Brandon with an appropriate home for many years.
Cited 15 timesPublished2023 IL App (1st) 211452-U · Appellate Court of Illinois · Sep 6, 2023
These facts are similar enough to both Petraitis and Platt to make neither case more clearly applicable. … Even if we were to accept the simple request for fees, our supreme court has established that “a party seeking contribution must establish that he or she is unable to pay his or her attorney fees and
Cited 2 timesUnpublished
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