Case law

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.

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. Porter

2021 IL App (1st) 192467-U · Appellate Court of Illinois · Jul 16, 2021

Although the petition must “ ‘clearly set forth’ ” how a defendant’s rights were violated, because a pro se defendant may be unaware of the precise legal basis for his claim, he need only allege enough facts to state a … Gayden, 2020 IL 123505, ¶ 28; see also Manning, 241 Ill. 2d at 327 (“Matters of trial strategy are generally immune from claims of ineffective assistance of counsel.” (internal quotation marks omitted)).

People v. Hardy

2020 IL App (1st) 172485 · Appellate Court of Illinois · Dec 28, 2020

Before the man ran away, he turned, and Gutierrez “clearly s[aw] his face again.” Milton Garza saw the offender twice. … Neither party disputes, and we agree, that Hardy’s 2006 juvenile adjudication for sexual assault qualifies him for discretionary extended term sentences. See 730 ILCS 5/5-5-3.2(b)(7) (West 2016).

People v. Latto

Appellate Court of Illinois · Mar 31, 1999

Joerg Pirl, a toxicologist whom the State qualified as an expert. Using the method of "retrograde extrapolation," which he indicated was scientifically accepted, Dr. … to establish reckless homicide.

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.

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.

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.

Bouton v. Cameron

99 Ill. App. 600 · Appellate Court of Illinois · Jan 30, 1902

In the present case we can not say that the finding of the chancellor is clearly and manifestly against the evidence. … Jnrisp., Sec. 801, the author writes: “But one who is only a volunteer can not invoke the aid of subrogation, for such a person can establish no equity.

Argueta v. Baltimore & Ohio Chicago Terminal Railroad

224 Ill. App. 3d 11 · Appellate Court of Illinois · Dec 19, 1991

Where a third party is authorized by a business to generate the record at issue, the record is of no use to the business unless it is accurate and, therefore, the record bears sufficient indicia of reliability to qualify … B&OCT has failed to establish, by clear and convincing evidence, that Parsec’s settlement with the plaintiffs was in bad faith.

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.

People v. Murray

254 Ill. App. 3d 538 · Appellate Court of Illinois · Sep 17, 1993

A reviewing court is entitled to have the issues clearly defined with a cohesive legal argument and the citation of pertinent authority and is not a depository in which an appellant can dump the entire matter of pleadings … He was qualified as an expert and testified that in November 1987 the Black Souls used the building at 3233 West Fulton for their meetings.

Guzeldere v. Wallin

170 Ill. Dec. 740 · Appellate Court of Illinois · Apr 15, 1992

For a judgment to be reversed, a closing argument must be clearly improper and prejudicial. (In re Salmonella Litigation (1990), 198 Ill. App. 3d 809, 820 .) … The record establishes that the defense counsel’s closing argument remarks were proper. He argued the evidence presented at trial and reasonable inferences to be drawn. The defense presented the theory that Dr.

People v. Edwards

2017 IL App (3d) 130190-B · Appellate Court of Illinois · Jun 8, 2017

The trial court clearly found the officers’ testimony credible that they initially only brought defendant in to establish his whereabouts and ask a few questions. ¶ 61 Finally, the officers were not bound by … (b) Upon request of the defendant that a qualified expert be appointed to examine him or her to determine prior to trial if a bona fide doubt as to his or her fitness to stand trial may be raised

In Re Davonte L.

298 Ill. App. 3d 905 · Appellate Court of Illinois · Aug 7, 1998

At that time, Hakeem was five months old but had not had any immunizations. … Contrary to the trial court's determination, the record establishes that Tawanda was an unfit parent where she failed to maintain a reasonable degree of interest, concern, or responsibility as to Davonte's welfare, failed

Luster v. Jones

70 Ill. App. 3d 1019 · Appellate Court of Illinois · Apr 6, 1979

THE DEVELOPERS’ CASE Nathan Miller was called and was duly qualified as the Developers’ accounting expert. He testified that he examined the records of 247 E. … SCM Corp. [ 1969 Trade Cases par. 72, 880 ], 415 F. 2d 55 (4th Cir. 1969), the court, citing Fortner, held that *7,000,000 of copying paper was clearly a substantial volume of commerce.

In the Interest of A.R.

2022 IL App (1st) 220700-U · Appellate Court of Illinois · Dec 15, 2022

¶ 27 Mary Lenling, who was qualified as an expert in occupational therapy in the early intervention setting, next testified. … ¶ 72 Clearly, Isabel loves her daughter deeply and desires to care for her.

Metropolitan Capital Bank & Trust v. Feiner

2020 IL App (1st) 190895 · Appellate Court of Illinois · Sep 18, 2020

Nowhere in its decision did the Racine court list the elements of a claim of fraud, differentiate between standards of proof necessary to establish each of those elements, or even mention the element of justifiable … Accordingly, “[a] finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident or if the finding itself is unreasonable, arbitrary, or not based on the evidence presented

People v. Taylor

2024 IL App (5th) 220116-U · Appellate Court of Illinois · Oct 23, 2024

The party challenging the validity of a statute has the burden to clearly establish that it is unconstitutional. Id. Here, the defendant contends that his constitutional challenge is an as-applied challenge. … ¶ 36 We again note that the supreme court cases clearly established that the proximate cause theory of felony murder was followed in Illinois at the time that Coleman was killed.

Martin v. Board of Trustees of the Police Pension Fund of the Village of Shiloh

2017 IL App (5th) 160344 · Appellate Court of Illinois · Mar 2, 2018

A question of fact is reviewed under the manifest weight of the evidence standard, a question of law is reviewed de novo, and a mixed question of law and fact is reviewed under the clearly erroneous standard … The defendant’s interpretation envisions a police officer involved in a gun battle, a high-speed car chase, or some other obviously dangerous situation in order to qualify for duty-disability