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2026 IL App (4th) 241515-U · Appellate Court of Illinois · Mar 2, 2026
Jan. 1, 2011), a witness is qualified to give expert testimony if “(1) the witness may be of assistance to the trier of fact; (2) the witness is qualified to give the testimony sought; and (3) the testimony sought is supported … However, other evidence clearly established that defendant’s cell phone was at the location of the fire, so the presence or absence of the other information complained of can have had no effect on the case.
Cited 0 timesUnpublished2023 IL App (4th) 231011-U · Appellate Court of Illinois · Dec 20, 2023
The court did that here, yet it still concluded the State did not meet its burden by clearly and convincingly establishing that defendant posed a real and present threat to the community. … The court concluded the State did not clearly and convincingly show defendant had a high likelihood of willful flight.
Cited 2 timesUnpublishedAppellate Court of Illinois · Dec 16, 2010
The court later sentenced defendant to 40 years' imprisonment, finding that defendant's criminal history qualified him for extended-term sentencing. … We begin by noting that the State clearly set forth sufficient evidence of defendant's intent to deliver (at some point).
Cited 0 timesPublishedMakis v. Area Publications Corp.
77 Ill. App. 3d 452 · Appellate Court of Illinois · Oct 11, 1979
It is clearly distinguishable from the articles found nonlibelous in Lowther v. North Central College (1978), 60 Ill. App.3d 902 , 377 N.E.2d 357 , a case cited by the majority. … For defendants to claim that the matter was newsworthy and of legitimate public concern is insufficient to establish the privilege.
Cited 25 timesPublished165 Ill. App. 3d 665 · Appellate Court of Illinois · Oct 28, 1987
Defendant erroneously asserts that the corpus delicti must be established by evidence “apart from a defendant’s statements.” … Complainant clearly described defendant’s acts of taking her into the kitchen and having sex with her.
Cited 3 timesPublished2023 IL App (1st) 221303-U · Appellate Court of Illinois · Dec 11, 2023
Doctor Arroyo determined that this conviction qualified as a sexually violent conviction under the Act. … Doctor Arroyo determined that this conviction qualified as a sexually violent conviction under the Act.
Cited 3 timesUnpublished2017 IL App (3d) 140977 · Appellate Court of Illinois · Aug 22, 2017
. ¶ 59 At a postconviction evidentiary hearing, the defendant bears the burden of presenting evidence establishing a substantial showing of a constitutional violation. People v. … The trial judge clearly weighed these factors—he stated on the record that they were insufficient to overcome the nature of the crime.
Cited 8 timesPublished2020 IL App (1st) 190565 · Appellate Court of Illinois · Aug 4, 2020
Arroyo concluded that all three of the respondent’s diagnoses are qualifying mental disorders under the Act. -4- ¶ 18 Dr. … Accordingly, the expert’s testimony clearly linked the respondent’s substantial probability of reoffending to his mental disorders.
Cited 1 timesPublished2024 IL App (2d) 230062 · Appellate Court of Illinois · Jan 30, 2024
The court found that Duncan had established a prima facie case. … ¶ 46 Coleman further stated that, in addition to the substantial increase in forensic referrals, the division also faced a shortage of qualified mental health professionals and other staff.
Cited 8 timesPublishedAppellate Court of Illinois · Jul 21, 2003
He testified this was unnecessary because the revised numbers appeared clearly on the three or four carbonless copies. … The court further found that Johnson qualified as a "creditor" under the TILA due to his role as Bilfeld's de facto "partner."
Cited 0 timesPublished388 Ill. App. 3d 1072 · Appellate Court of Illinois · Mar 25, 2009
Moreover, a break clearly occurred between that earlier meeting and the custodial interrogation on December 31, 2006. … Over defense counsel’s objection, Judge Greanias found Detective Dailey qualified.
Cited 19 timesPublished2024 IL App (2d) 230043 · Appellate Court of Illinois · May 13, 2024
The record clearly established that neither the circuit court nor the State prevented defendant from pursuing the individual who took the subject image of M.A. … This court is bound to faithfully follow and apply judicial precedents established by our supreme court. Id.
Cited 3 timesPublishedBajwa v. Metropolitan Life Insurance
333 Ill. App. 3d 558 · Appellate Court of Illinois · Aug 13, 2002
The underwriter also questioned why the policy amount was $200,000 when the decedent’s income, pursuant to Met Life financial guidelines, qualified him for a policy in the amount of $150,000. … In fact, the evidence presented by plaintiff to establish defendant’s actual knowledge consisted of the information, previously discussed in this opinion, which established that there were enough discrepancies and anomalies
Cited 9 timesPublishedAppellate Court of Illinois · Aug 20, 2010
Kaletas acknowledge the breadth of section 11a-10(a), they stridently 24 1-09-0976 maintain that there is nothing in the Probate Act, including section 11(a)-10(a) that immunizes … Although the Kaletas maintain that Zagorski was required to establish her proof by clear and convincing evidence, we find the authorities relied upon are inapposite.
Cited 0 timesPublishedN. League of Prof'l Baseball Teams v. Gozdecki, Del Giudice, Americus & Farkas, LLP
428 Ill. Dec. 861 · Appellate Court of Illinois · Dec 28, 2018
The trial court found Carfagna qualified to testify as an expert witness. … We find that the court’s instruction clearly conveyed the applicable law, and no abuse of discretion occurred in giving this instruction.
Cited 6 timesUnpublished996 N.E.2d 273 · Appellate Court of Illinois · Sep 20, 2013
Our decision was cast as an effort to effectuate the principles established in People v. … There is a clearly established pattern of deviant sexual behavior and I don’t find lack of sufficient evidence to find that he will not be conditionally released at this time.
Cited 26 timesPublishedBoard of Trustees of Illinois State University v. Illinois Educational Labor Relations Board
2025 IL App (4th) 240936-U · Appellate Court of Illinois · Jul 30, 2025
Mixed questions of law and fact, which concern whether the established facts satisfy the applicable legal standard, will be reversed only when “clearly erroneous” or when the reviewing court is left with the definite and … When reviewing the IELRB’s determination that an individual qualifies as a supervisor under section 2(g), we apply a clearly-erroneous standard of review. See Board of Trustees of University of Illinois v.
Cited 0 timesUnpublished2025 IL App (1st) 231028-U · Appellate Court of Illinois · Jan 24, 2025
Counsel’s decision on whether to file a motion to suppress is generally a matter of trial strategy entitled to great deference and, as such, is “generally immune” from a claim of ineffective assistance of counsel. … To establish that counsel’s deficient performance resulted in prejudice under the second prong of Strickland, Mr.
Cited 0 timesUnpublished127 Ill. App. 161 · Appellate Court of Illinois · May 29, 1906
McGann’s official reports over his own signature as comptroller establish a pledge, not a payment of the money in question. … And this distinction is taken in the books that where the action is in affirmance of an illegal contract, the object of which is to enforce the performance of an engagement prohibited by law, clearly such an action can in
Cited 0 timesPublishedMUELLER INDUSTRIES, INC. v. Berkman
399 Ill. App. 3d 456 · Appellate Court of Illinois · Mar 23, 2010
V In order to qualify for fifth amendment protection, a communication must be (1) compelled, (2) testimonial, and (3) incriminating. Fisher v. United States, 425 U.S. 391, 408 , 48 L. Ed. 2d 39, 54 , 96 S. … At the other extreme is the “quintessential fishing expedition” in which the requesting party clearly had no idea whether the documents existed prior to making the document request.
Cited 18 timesPublished
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