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  • People v. McElrath

    2020 IL App (1st) 181198-U · Appellate Court of Illinois · Dec 30, 2020

    Whether or not Susie told him about the guns, he clearly knew they were present, and he intended to exercise control over the .357, albeit not necessarily the shotgun. See People v. … McClain, 551 P.2d 806, 807–08 (Kan. 1976) (“Clearly the state was not attempting to prove the truth of the matter stated, viz., the Miranda warnings.

    Cited 0 timesUnpublished
  • Westlake Financial Group, Inc. v. CDH-Delnor Health System

    2015 IL App (2d) 140589 · Appellate Court of Illinois · Mar 5, 2015

    .) ¶ 19 Westlake argues that the WITS Agreement’s integration clause shows that the parties clearly intended its provisions to apply only to the subject matter therein. … To allow defendants to escape liability because the amount of damages they have caused is uncertain would immunize the defendants from the consequences of their wrongful conduct.

    Cited 19 timesPublished
  • People v. Goodman

    Appellate Court of Illinois · Mar 5, 2004

    Matthew Markos "would testify" that based on his experience and training he is qualified as an expert in the field of psychiatry. … At the pretrial fitness hearing, the record clearly reflects that the parties only stipulated to what Dr. Markos "would testify."

    Cited 0 timesPublished
  • Nicholson v. State Farm Mutual Automobile Insurance

    409 Ill. App. 3d 282 · Appellate Court of Illinois · Mar 23, 2010

    This language, with its statement that the rule applies to policies that are “renewed” and its references to “the insured,” clearly expresses a legislative intent to include current policyholders, not just first-time applicants … However, the defendant does not dispute that the Janotas’ request for increased coverage qualified as a “written request for such coverage,” as required by section 143a — 2(2).

    Cited 3 timesPublished
  • Steinhauser-Walsh v. Penick

    2023 IL App (3d) 220330-U · Appellate Court of Illinois · Jul 28, 2023

    Specifically, Penick argues that even accepting Steinhauser-Walsh’s evidence at trial as true, she failed to establish two or more acts that would qualify as a course of conduct, which is required to establish … “A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly apparent or if the finding itself is unreasonable, arbitrary, or not based on the evidence presented.”

    Cited 0 timesUnpublished
  • People v. Martinez Modified on Denial of Rehearing Opinion corrected 7/28/04 (appendix added)

    Appellate Court of Illinois · May 13, 2004

    Under Crawford , this statement is clearly "testimonial"; however, this does not conclude the analysis. … Even if the evidence were clearly inadmissible, incompetency of counsel is not established by mere failure to object to such evidence; "defendant is entitled to competent, not perfect or successful, representation."

    Cited 0 timesPublished
  • People v. Hilton

    236 N.E.3d 1118 · Appellate Court of Illinois · Aug 29, 2023

    This subsection sets forth who is qualified to petition for a COI and what he may request in terms of applicable relief under the statute. … As we have clearly shown, and in direct contradistinction to his main argument, section 2-702 does not award COIs to petitioners who merely show their innocence only as to the offenses for which they

    Cited 11 timesPublished
  • Dowd and Dowd, Ltd. v. Gleason

    352 Ill. App. 3d 365 · Appellate Court of Illinois · Sep 13, 2004

    Gurber also testified that the amounts were tied to the amount of income that the firm had during the year and were an inducement for future performance and to keep qualified individuals at the firm. … This case involves a breach of fiduciary duty, and the law clearly states that a defendant should not be permitted to retain any profits from such a breach. Regnery v. Meyers, 287 Ill.

    Cited 209 timesPublished
  • Urbik v. DeRose

    156 Ill. App. 3d 278 · Appellate Court of Illinois · May 15, 1987

    Stat. 1973, ch. 73, par. 1065.62), Clary was not qualified to receive premium financing. … App. 3d 179 , 446 N.E.2d 1214 (a disagreement on the meaning of certain terms in a written guaranty did not render summary judgment improper where defendant’s guaranty clearly extended to the note in question).

    Cited 0 timesPublished
  • In re Marriage of Alpert Knight

    256 N.E.3d 1158 · Appellate Court of Illinois · Dec 27, 2024

    App. 3d at 1142 (child support obligee’s net monthly income was nominal compared to child support obligor’s net income and “clearly could not be considered sufficient to provide the reasonable needs of Keon C. taking into … The party seeking attorney fees must establish inability to pay and the other person’s ability to do so.

    Cited 2 timesPublished
  • Lozman v. Putnam

    379 Ill. App. 3d 807 · Appellate Court of Illinois · Feb 19, 2008

    Defendant Putnam testified that in October 1996, he attended a meeting with NASDAQ representatives, whereby he realized he could build his own qualified electronic communication network (ECN). … (AS), a company established by Putnam and Lozman to market and sell ScanShift to brokerage customers.

    Cited 69 timesPublished
  • People v. Alamia

    2023 IL App (5th) 230773-U · Appellate Court of Illinois · Nov 29, 2023

    “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. … Finally, the State argued that the trial court’s finding that the State established, by clear and convincing evidence, that mandatory conditions of release would fail to protect any person or the community in this case

    Cited 0 timesUnpublished
  • People v. Schrader

    353 Ill. App. 3d 684 · Appellate Court of Illinois · Dec 8, 2004

    To qualify as an included offense, the instrument charging the greater offense must, at a minimum, set out the main outline of the lesser offense. People v. … Stat. 1981, ch. 38, par. 9 — -1(f)), “[t]he burden of proof of establishing the existence of any of the factors set forth in subsection (b) is on the State and shall not be satisfied unless established beyond a reasonable

    Cited 23 timesPublished
  • In re Estate of Sippel

    2025 IL App (3d) 230227 · Appellate Court of Illinois · May 1, 2025

    Such a judgment qualifies for immediate appealability under Rule 304(b)(1). Petitioners’ citation to the wrong rule does not deprive us of jurisdiction. O’Banner v. … But undercapitalization does not establish shareholder- creditor misconduct.

    Cited 2 timesPublished
  • People v. Perkins

    2018 IL App (1st) 133981 · Appellate Court of Illinois · Mar 1, 2021

    Further, a factual determination is against the manifest weight of the evidence only if the evidence clearly and indisputably calls for the opposite factual determination. Robrock v. … Whether a statement qualifies as an excited utterance is within the trial court’s discretion. People v. Gwinn, 366 Ill. App. 3d 501, 517 (2006).

    Cited 17 timesPublished
  • Geisler v. City of Wood River

    892 N.E.2d 543 · Appellate Court of Illinois · Jul 30, 2008

    On appeal, the circuit court's finding that the plaintiffs did not meet their burden will not be set aside unless clearly contrary to the manifest weight of the evidence. … The blighting factors cited by Eric White in these areas, including inadequate utilities and grading issues, were clearly based on Mr.

    Cited 0 timesPublished
  • Doe v. Lyft, Inc.

    2020 IL App (1st) 191328 · Appellate Court of Illinois · Sep 30, 2020

    Doe does not contest that Lyft is a TNC, and it clearly is. … rules established in the Transportation Network Providers Act.

    Cited 1 timesPublished
  • People v. Coleman

    2014 IL App (5th) 110274 · Appellate Court of Illinois · Feb 5, 2015

    Clearly, this type of linguistics analysis has been going on for years. … However, our review of the record clearly shows the State did not elicit this testimony: Turnbeaugh volunteered it.

    Cited 15 timesPublished
  • People ex rel. Lindblom v. Sears Brands, LLC

    2019 IL App (1st) 180588 · Appellate Court of Illinois · Apr 23, 2019

    Dismissal under section 2-615 is proper only when “it is clearly apparent from the pleadings that no set of facts can be proven that would entitle the plaintiff to recover.” Cochran, 2017 IL 121200, ¶ 11. … two Home Depot employees (the relators’ father (former employee) and sales associate Caleb (current employee)), who sold appliances to customers, and a written quote dated September 24, 2015, both establishing

    Cited 5 timesUnpublished
  • Ilevbare v. Department of Children and Family Services

    2021 IL App (1st) 200907-U · Appellate Court of Illinois · Jun 18, 2021

    ¶ 37 On this entire record, plaintiff has not established with definite and firm conviction that a mistake has been committed. We find the final decision of the DCFS acting director was not clearly erroneous. … As the record does not establish that this evidence was before the ALJ, plaintiff’s reliance on it is unavailing and does not negate other evidence establishing the agency’s finding that he committed child neglect under

    Cited 1 timesUnpublished

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