Case law

People v. Lawson

29 N.E.3d 464 · Appellate Court of Illinois · Mar 6, 2015

¶33 The circumstances of this case establish that the investigative stop was warranted. … Although defendant asserts the unique shirt he was wearing when he was stopped clearly does not fit the description of the offender, the police knew that the offender had been hiding for a few hours and, like codefendant

In re Parentage of Scarlett Z.-D.

975 N.E.2d 755 · Appellate Court of Illinois · Aug 30, 2012

On May 11, 2009, Jim filed the action to establish parentage at issue here. … -8-  qualify as a parent under section 2 of the Parentage Act of 1984 because he was neither the biological nor the adoptive parent.

Kaull v. Kaull

26 N.E.3d 361 · Appellate Court of Illinois · Dec 22, 2014

Prior to her death, Barbara established the Barbara B. … Here, the trial court clearly had subject matter jurisdiction.

People v. McMichaels

2019 IL App (1st) 163053 · Appellate Court of Illinois · Apr 22, 2021

. ¶8 The State entered a stipulation between the parties that defendant had two qualifying felony convictions for purposes of the armed habitual criminal statute. … When Cannata noticed the firearm in plain sight, he knew that defendant was armed and possibly dangerous and, therefore, could clearly “point to specific, articulable facts which *** reasonably warrant[ed] the

People v. Jones

Appellate Court of Illinois · Mar 5, 2010

Furthermore, the evidence clearly established that at least two weapons were used in the shooting. … The statements purport to establish that defendant was present at the witnesses’ home on the night of the shooting.

People v. Jackson

2021 IL App (1st) 190263 · Appellate Court of Illinois · Mar 25, 2021

“Unless the petitioner’s allegations are affirmatively refuted by the record, they are taken as true, and the question is whether those allegations establish or ‘show’ a constitutional violation.” … The record should clearly reflect her efforts to obtain the clothing, the jail inventory sheet, and any arrest photos and her efforts to document what was, and was not, available to trial counsel at the

In re Y.C.

2024 IL App (4th) 240701-U · Appellate Court of Illinois · Sep 12, 2024

The court also found the evidence established the minors were left alone prior to the arrival of police officers to conduct an eviction. … The Third District concluded the DCFS investigatory report did not qualify as an indicated report because it contained “substantial amounts of information that was unverified and lacked any supporting documentation.”

Burnham Management Co. v. Davis

Appellate Court of Illinois · Dec 31, 1998

The defendant clearly had an obligation to report her change in employment income to the plaintiff. … Similarly, we find that the recertification process is a necessary step in qualifying for HUD assistance payments and therefore does not constitute a waiver of a breach of a lease.

Norris v. National Union Fire Insurance

326 Ill. App. 3d 314 · Appellate Court of Illinois · Nov 16, 2001

Because there is no form of immunity at *146 work here, the Norris plaintiffs argue that National Union would not be precluded from pursuing subrogation rights against Kidd as it would against a co-employee. … They also argue that the facts of this case do not qualify for an escape from the exclusivity of remedy rule, since the Norris plaintiffs would have to prove the decedent's injuries were not accidental, did not arise from

In re M.I.

2015 IL App (3d) 150403 · Appellate Court of Illinois · Jan 29, 2016

Respondent countered that he is bipolar and has a low I.Q., which qualifies him as mildly mentally retarded, and DCFS did not properly accommodate him as required under the ADA (42 U.S.C. § 12101 et seq. (2012 … Testimony established that respondent operates at a kindergarten to third grade level and will never be able to parent M.I.

People v. Hill

97 Ill. App. 2d 385 · Appellate Court of Illinois · Jun 18, 1968

If the trial court found these statements and they would qualify for impeachment purposes, the defendant was to receive a new trial. … Defense witnesses had not established by their preliminary testimony that the decedent committed an act of aggression upon the defendant.

Golden v. KISHWAUKEE COM. HEALTH SERV.

206 Ill. Dec. 314 · Appellate Court of Illinois · Dec 13, 1994

The circuit court struck the counts, however, because Neal failed to establish "exclusive control." … Galluzzo (1979), 77 Ill.2d 279 , 32 Ill.Dec. 900 , 396 N.E.2d 13 , maintain that Olesen was not qualified to testify as an expert against Dr. Goldin since he was neither a licensed physician or surgeon.

Chicago Tribune Co. v. Cook County Assessor's Office

109 N.E.3d 872 · Appellate Court of Illinois · Jun 29, 2018

Based on the legislature's clearly stated intent, FOIA's exemptions are to be read narrowly. Peoria Journal Star v. City of Peoria, 2016 IL App (3d) 140838, ¶ 11. … ¶ 27 Contrary to being preliminary records, the Tribune clearly seeks the disclosure of final documents.

Village of Fox River Grove v. Pollution Control Bd.

Appellate Court of Illinois · Nov 5, 1998

Clearly, issuing a permit with effluent limitation higher than 20 mg/L of BOD5 and 25 mg/L of suspended solids would violate the provisions of Section 304.120(b). … While not raised here, we note that the original organic rating for the facility was 10,000 P.E., which would have qualified it for the stricter effluent limits of section 304.120(b) even if the organic rating had been used

People v. Beck

90 N.E.3d 1083 · Appellate Court of Illinois · Nov 30, 2017

¶ 76 Berkemer involves circumstances where the defendant was “formally” arrested and questioned after having clearly been taken into custody by police. … Cir. 1923); (2) Wetstein was not qualified to offer expert opinion testimony on retrograde extrapolation; and (3) the State failed to establish a sufficient foundation for the admission of retrograde extrapolation evidence

Rylatt v. Christensen

2025 IL App (4th) 240032-U · Appellate Court of Illinois · Apr 10, 2025

The Proposed Use Does Not Qualify as a Home Occupation and is Not Consistent With Dr. … As we explained above, the Board (and the court) clearly erred in finding the proposed use was consistent with the legally established prior nonconforming use.

People v. Jones

2013 IL App (1st) 113263 · Appellate Court of Illinois · Jan 10, 2014

¶ 20 We find that Bounds is clearly distinguishable from the case at bar for several reasons. … We find that the defendant's failure to recognize his claim does not qualify as an external cause impeding his ability to raise it in his original petition.

Kazemi v. Maron Electric Co.

2026 IL App (1st) 250908 · Appellate Court of Illinois · Mar 31, 2026

App. 3d 275, 282 (2008) (same); Binkowski, 2024 IL App (1st) 221557, ¶ 78 (the jury is qualified to resolve conflicting expert testimony). The record does not substantiate that Maron was entitled to remittitur. … App. 3d 977, 994 (2003) (“It is well-established that parties to a contract do not stand in a fiduciary relationship to one another.”).

People v. Opas

2025 IL App (1st) 250208 · Appellate Court of Illinois · Jun 30, 2025

¶ 42 Second, defendant is charged with two additional counts of unlawful possession of a weapon by a felon, which also qualify. 725 ILCS 5/110-6.1(a)(6)(O)(i) (West 2022). … ¶ 46 When the legislators wanted to provide limited circumstances under which a defendant could raise certain specified constitutional challenges, they clearly stated as much.

People v. Jordan

2026 IL App (1st) 240354-U · Appellate Court of Illinois · Mar 30, 2026

a claim of ineffective assistance of counsel where he had been convicted of qualifying offenses other than those committed when he was 17. … Although petitioner argues that postconviction counsel was unreasonable for failing to establish cause and prejudice, he admits that the record clearly shows that the circuit court never considered or ruled on whether cause