Case law

People v. Adams

394 Ill. App. 3d 217 · Appellate Court of Illinois · Aug 14, 2009

Forensic investigator Kathleen Gahagan, qualified as an expert, testified that she collected bullet casings, bullet fragments, and a shotgun from the alley on July 5, 2002. … There was no dispute, however, that the evidence established that only one of the shooters struck the bystander.

Moon v. Rhode

2015 IL App (3d) 130613 · Appellate Court of Illinois · Aug 7, 2015

Dachman provided plaintiff with a report stating that the radiologist who read and interpreted the CT scan failed to identify the breakdown of the anastomosis, which a “reasonably, well-qualified radiologist … It is well established that we will strictly construe a statute that is in derogation of the common law. In re W.W., 97 Ill. 2d 53, 57 (1983).

People v. Harris

2020 IL App (5th) 160454 · Appellate Court of Illinois · Feb 1, 2021

Nelson clearly made the statements under the belief that death was imminent. Nelson had suffered several gunshot wounds and expressed the belief he was dying. … Although many dying declarations may not be testimonial, there is authority for admitting even those that clearly are. [Citations.]

Vandermyde v. Cook County, Illinois

2024 IL App (1st) 230413-U · Appellate Court of Illinois · Feb 20, 2024

in the public interest to provide a system of identifying persons who are not qualified to acquire or possess firearms [or] firearm ammunition *** within the State of Illinois *** establishing a practical and workable system … Section 1983 of the Civil Rights Act of 1964 provides that “every person who, under color of any *** ordinance *** subjects *** any citizen of the United States *** to the deprivation of any rights, privileges, or immunities

People v. Levin

207 Ill. App. 3d 923 · Appellate Court of Illinois · Jan 25, 1991

The court stated that defendant clearly qualified for the “extended term” without specifying the statutory provision upon which it was relying. … Therefore, we conclude that, upon remand for resentencing, the State is precluded from attempting to establish defendant’s eligibility for sentencing as a Class X offender.

People v. Tatera

2018 IL App (2d) 160207 · Appellate Court of Illinois · Jul 27, 2018

Finally, defendant contends that the trial court erred in passing sentence by double-counting his previous convictions, both as a qualifying factor for a Class X offense and as an aggravating factor to increase … The defense attorney did not object to this second set of remarks. ¶ 56 Defendant argues that he objected to the second and third rhetorical questions, but the record shows clearly that he did not.

Tool Works v. Commerce and Industry Ins.

962 N.E.2d 1042 · Appellate Court of Illinois · Dec 12, 2011

But Binks clearly owned those rights, whether or not it ever needed to assert them, and it could properly assign them. ¶ 25. … Once an injury or loss occurs, the chose in action is established and assignable without the consent of the insurer.

People v. Latimore

33 Ill. App. 3d 812 · Appellate Court of Illinois · Nov 13, 1975

After being qualified as a medical expert, he testified that he had examined the complaining witness on the day in question. … In view of these circumstances, which demonstrate that the defense counsel failed to establish a proper foundation, we find no error in the actions taken by the trial court.

Stockton v. Oldenburg

305 Ill. App. 3d 897 · Appellate Court of Illinois · Jul 1, 1999

However, in this case, the evidence only established that a name change "could be nice." That does not make it necessary. … However, the legislature did qualify the expenses as "related to the mother's pregnancy and delivery of the child." "Related" connotes a relationship or connection. Webster's 1916.

People v. Carrasquillo

2023 IL App (1st) 211241 · Appellate Court of Illinois · Aug 18, 2023

Carrasquillo failed to establish prejudice, finding that he was not sentenced to a de facto life sentence because he was eligible for parole. … I cannot agree that the court’s ruling is an error nor that such error is “clearly evident, plain, and indisputable.” Ruiz, 177 Ill. 2d at 384-85.

Grubb v. Illinois Terminal Co.

286 Ill. App. 499 · Appellate Court of Illinois · Jun 3, 1936

Appellant had established a system of flash signals at this crossing to warn persons using the same of the approach of trains. … As before shown the evidence was conflicting as to material facts, and the jury, having seen the witnesses and heard them testify, were qualified to pass upon the facts.

People v. Poree

119 Ill. App. 3d 590 · Appellate Court of Illinois · Nov 18, 1983

Even when such comments are considered to be error, reversal is not required if the evidence so clearly indicates the defendant’s guilt that the verdict would not have been otherwise had the improper remarks not been made … Moreover, even if the references to “professionals” and “terror” are considered to be error, we believe that the evidence established defendant Poree’s guilt beyond a reasonable doubt and that the verdict as to Poree would

People v. Oliver

2013 IL App (1st) 120793 · Appellate Court of Illinois · Feb 18, 2014

S.S. could clearly see the man in that space. He tried covering her face with the jacket to keep her from seeing him, but it kept slipping off during the assault. … To establish ineffective assistance of appellate counsel, Oliver must show that counsel’s performance was deficient and that, but for counsel’s errors, his appeal would have been successful. People v.

Dorrnbos Heating and Air Conditioning, Inc. v. Schlenker

Appellate Court of Illinois · Jul 12, 2010

Nobody from Doornbos ever indicated that the firm was unfamiliar with state codes or was not qualified to design and install the Project’s HVAC system. … A trial court’s factual finding is against the manifest weight of the evidence only when a contrary conclusion is clearly apparent. Mani, 243 Ill. App. 3d at 668.

McElligott v. Illinois Central Railroad

74 Ill. App. 2d 121 · Appellate Court of Illinois · Aug 3, 1966

At no time during the instruction conference did the defendant’s counsel or the court indicate any dissatisfaction with the use of the word “safe” without a qualifying adjective or adverb. … Ordinarily, an appellate court will not review an order granting a new trial unless there is a showing that the court clearly and palpably abused its discretion.

People v. Anderson

364 Ill. App. 3d 528 · Appellate Court of Illinois · Apr 11, 2006

Officer Koehn testified that he and Officer Berke used clearly audible voices. When they called out to defendant, he began to run. … On appeal, the defendant argues that the undisputed facts in Set A do not establish his guilt.

Bailey v. Mercy Hospital & Medical Center

445 Ill. Dec. 272 · Appellate Court of Illinois · Sep 30, 2020

¶ 68 Reingold testified that menstrual toxic shock syndrome in a woman in her forties was extremely rare because individuals develop antibodies and immunity. … A plaintiff establishes a prime facie case when she presents “some” evidence on every essential element. Hemminger v.

People v. Castejon

2022 IL App (1st) 221918 · Appellate Court of Illinois · Jun 13, 2025

” ¶5 At trial, the State presented testimony from Jonathan Seiba, another passenger, and Steve Jaimes, the driver of the car, who established the occurrence facts. … So this case is clearly distinguishable from People v. Brown, 2017 IL App (3d) 140921, and others, where counsel alleged their own ineffectiveness.

People v. Dalcollo

282 Ill. App. 3d 944 · Appellate Court of Illinois · Aug 19, 1996

Rather, only significant disputes between qualified experts will preclude a finding of "general acceptance.” Cauthron, 120 Wash. 2d at 887 , 846 P.2d at 505 ; Porter, 618 A.2d at 634 ; see Acri, 277 Ill. … These developments clearly debunk the notion that a "bitter debate” — if ever there was one — is still raging in the scientific community.

Fields v. Schaumburg Firefighters' Pension Fund

Appellate Court of Illinois · May 30, 2008

The court suggested the issue could resolved “if the facts and circumstances surrounding the actions in January and July can be established.” … A party seeking preliminary injunction must plead facts which “clearly establish a right to injunctive relief.” Village of Lake in the Hills v. Laidlaw Waste Systems, Inc., 143 Ill.