Case law
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2012 IL App (1st) 93180 · Appellate Court of Illinois · May 1, 2012
Washington’s alleged statements would not qualify for admission at any retrial for the same reason. ¶ 60 Kenneith Jones is also attempting to establish a claim of actual innocence based on alleged newly … Clearly, the statements attributed to Washington are neither new nor conclusive where Buchholz was aware of them and the postconviction court found they were not trustworthy. ¶ 61 Additional witnesses testified
Cited 0 timesPublishedMiller v. Retirement Board of Policemen's Annuity & Benefit Fund
329 Ill. App. 3d 589 · Appellate Court of Illinois · Oct 15, 2001
Section 1983 provides a cause of action for “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” by any person acting “under color of any statute, ordinance, regulation, custom, … The court found that “[t]he change in the basis of computation clearly effects a reduction or impairment in the retirement benefits of the plaintiffs]” in violation of section 5 of article XIII.
Cited 13 timesPublished2022 IL App (1st) 211027-U · Appellate Court of Illinois · Dec 27, 2022
Defendant argues the State failed to establish the identity of the caller. … ¶ 35 In this case the trial court did not abuse its discretion in finding that the statement on the 9-1-1 call qualified as an excited utterance.
Cited 2 timesUnpublished2015 IL App (4th) 121103-B · Appellate Court of Illinois · Sep 14, 2015
May 30, 2007) (a provider participating in Medicaid must "[a]ccept as payment in full the amounts established by the Department"). … ¶ 74 As the contract clearly said, however, it made no guarantee that Medicaid would cover plaintiff's residency in the nursing home.
Cited 0 timesUnpublishedAppellate Court of Illinois · May 8, 1997
Qualifying as a re- payment of debt is a necessary, but not a sufficient, condition for deductibility under subsection (a)(3)(h). … Clearly, the trial court did not abuse its discretion here by adding Robert's claimed depreciation expense back to his income for purposes of determining child support and maintenance.
Cited 0 timesPublishedFilm & Tape Works, Inc. v. Junetwenty Films, Inc.
Appellate Court of Illinois · Sep 29, 2006
If a plaintiff fails to establish any element of his claim, summary judgment is appropriate. Dardeen v. Kuehling, 213 Ill. 2d 329, 335, 821 N.E.2d 227, 230-31 (2004). … In order to be liable, a defendant's interference must cause the loss or, in other words, a defendant's conduct must not only qualify as improper interference, it must also actually induce the third party to terminate
Cited 0 timesPublished2017 IL App (1st) 133398 · Appellate Court of Illinois · May 26, 2017
As such, it was unreliable hearsay that did not clearly relate to the charged offenses. … Such behavior does not necessarily qualify as an inconsistency.
Cited 28 timesPublished59 Ill. App. 3d 731 · Appellate Court of Illinois · May 31, 1978
App.3d 844, 851 , 373 N.E.2d 568 , 574: "We note, * * * that although the Juvenile Court Act clearly provides for separate hearings ( See Ill. Rev. … Illinois courts have always held that parental rights may only be terminated when unfitness is established by clear and convincing evidence.
Cited 9 timesPublished2021 IL App (4th) 190288-U · Appellate Court of Illinois · Mar 19, 2021
to establish the truth of the matter asserted. … Defendant disputes the State’s contention that the recorded statements qualified as excited utterances.
Cited 0 timesUnpublishedAppellate Court of Illinois · Jul 20, 1998
However, it is as equally well established that the legislature has the right to reasonably regulate the time, place and manner in which the citizens exercise their right to vote. McDunn v. … Notwithstanding this concession, it is the majority's view that the enrolled bill doctrine is an absolute bar to judicial examination of the clearly unethical and perhaps even fraudulent conduct of the speaker of the House
Cited 0 timesPublishedVillage of Orland Hills v. Citizens Utilities Co.
Appellate Court of Illinois · Mar 15, 2004
Clearly, this language does not transform the requirement that Citizens purchase a certain quantity of water from Oak Lawn into a mandate that Citizens supply some of this water to the A&M Parcel. … Furthermore, Citizens contends that a certificate of public convenience and necessity is not to be construed as granting a monopoly or an exclusive privilege, immunity or franchise. 220 ILCS 5/8-406(f) (West 2002).
Cited 0 timesPublished2019 IL App (1st) 161165 · Appellate Court of Illinois · Jun 28, 2019
It found an abuse of discretion in “the trial court denying defendant’s request to present relevant and probative testimony from a qualified expert that speaks directly to the State’s only evidence against him … As the court in Lawson took care to clarify, these factors do not depend on any claim that law enforcement used suggestive identification procedures because these factors are immune from manipulation.
Cited 52 timesPublished2021 IL App (1st) 171839-U · Appellate Court of Illinois · Feb 5, 2021
¶ 29 The equal protection clause of the fourteenth amendment prohibits the State from using its peremptory challenges to exclude otherwise qualified venire persons based solely on their race. … ¶ 43 Accordingly, the trial court’s decision that the State’s peremptory challenges were not based on race was not clearly erroneous.
Cited 0 timesUnpublished96 Ill. App. 3d 390 · Appellate Court of Illinois · May 15, 1981
In this instance, the warrantless entry of the police into defendant’s home was clearly consensual. … Gene had already testified that he had been given immunity, and defense counsel, on cross-examination and in closing argument, could have adequately informed the jury of the inferences he wished them to draw.
Cited 14 timesPublished2019 IL App (1st) 160184 · Appellate Court of Illinois · Dec 14, 2020
not apply, noting that the State offered “no cogent argument as to how a communication to or about a person that negligently would cause a reasonable person to suffer emotional distress fits into the established … In reaching its conclusion, the court noted that subsection (a)(2) “clearly lacks any requirement that a person threaten ‘an act of unlawful violence’ ” and it “fails to limit the threatened action to that of
Cited 7 timesPublishedPurcell v. Illinois Workers' Compensation Comm'n
2021 IL App (3d) 200359WC · Appellate Court of Illinois · Mar 30, 2021
If we answer that question in the negative, then we will decide whether she qualified as a traveling employee and satisfied the element in that capacity. … A finding of fact is against the manifest weight of the evidence when an opposite conclusion is clearly apparent. Gross v. Illinois Workers’ Compensation Comm’n, 2011 IL App (4th) 100615WC, ¶ 21.
Cited 0 timesUnpublished104 Ill. App. 3d 995 · Appellate Court of Illinois · Mar 9, 1982
When a witness is impeached by a prior inconsistent statement, the witness is entitled to an opportunity to explain or qualify the statement and show why it was made. (People v. Gammons (1970), 130 Ill. … Defendant Jones has not clearly indicated what grounds existed for suppression of the statement. He has not contended that his arrest was illegal.
Cited 22 timesPublished379 Ill. App. 3d 585 · Appellate Court of Illinois · Sep 28, 2007
Leavitt, respondent qualified for a diagnosis of paraphilia nos, which requires a recurrent pattern of sexual urges, fantasies or behaviors toward nonconsenting persons over a period of at least six months, because he was … In this case, the record establishes that, at trial, respondent explored all of the alleged inadequacies in Dr. Buck’s and Dr.
Cited 72 timesPublished2021 IL App (3d) 180242-U · Appellate Court of Illinois · Jan 27, 2021
¶ 19 Defendant argues that the State failed to establish that he caused the child’s death. … Further, the court gave a jury instruction aimed at limiting the convictions’ potential for prejudicial impact, which clearly demonstrated the court’s understanding of the applicable evidentiary rules.
Cited 0 timesUnpublishedState Farm Mutual Automobile Insurance Co. v. Bierman
2019 IL App (5th) 180426 · Appellate Court of Illinois · Sep 10, 2019
“However, the mere filing of cross-motions for summary judgment does not establish that there is no issue of material fact, nor does it obligate a court to render summary judgment.” Id. … ¶ 28 To qualify Blake for coverage under Winnie’s policies, we must also consider whether Blake “reside[d] primarily” with Winnie.
Cited 4 timesUnpublished
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