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354 Ill. Dec. 833 · Appellate Court of Illinois · Jul 29, 2011
Nor does he argue the evidence was elicited for the purpose of establishing culpability. … The argument is supported by law and clearly made in good faith. For this reason, we vacate the trial court order holding Schroeder in contempt. See People v.
Cited 9 timesPublishedAppellate Court of Illinois · Mar 7, 2005
Accordingly, section 115-10 clearly provides for the constitutional admission of hearsay statements when the declarant does testify. … The statement taken by Whitaker was clearly testimonial. The similar tape-recorded statement in Crawford , "knowingly given in response to structured police questioning, qualifies under any conceivable definition."
Cited 0 timesPublished199 Ill. App. 3d 296 · Appellate Court of Illinois · Jun 28, 1990
Ink amount to “all or nothing” defenses, which do not fit into a contributory negligence framework or qualify as affirmative defenses. We find plaintiff’s argument unpersuasive. … Plaintiff argues the only way to establish the solvency issue was through plaintiff’s testimony. We note plaintiff cites no authority on this issue and does not establish the prejudice suffered. The waiver rule applies.
Cited 45 timesPublished264 Ill. App. 3d 278 · Appellate Court of Illinois · Mar 26, 1993
Clearly, the witnesses had personal knowledge of whether or not defendant had told them something. … To the extent the statements would be used to establish independent facts regarding defendant’s conduct, namely to establish that he did not commit the acts with which he was charged, the statements would not be admissible
Cited 20 timesPublished2019 IL App (3d) 170827 · Appellate Court of Illinois · Aug 23, 2019
The court found that while defendant had shown the victim was more intoxicated than initially thought, it was clearly established during the bench trial that the victim was severely intoxicated. … While establishing a “blackout” may impact the credibility of the victim’s testimony, it would - 16 - clearly prevent her from consenting to any sexual
Cited 24 timesUnpublished240 Ill. App. 124 · Appellate Court of Illinois · Mar 10, 1926
The evidence, undoubtedly, establishes — chiefly by means of the affidavit of Huitsing, an employee of the National Bank of the Republic, which recites that on July 6 the Bank certified a certain check drawn upon the account … There is no doubt that the word “until,” without a qualifying context, frequently excludes the day to which it refers.
Cited 0 timesPublishedYounge v. Cushman & Wakefield, Inc.
2024 IL App (1st) 221524-U · Appellate Court of Illinois · Aug 26, 2024
¶ 92 No Evidence That Schaeffer Acted Solely For Self-Interest or to Harm Younge ¶ 93 Regarding Schaeffer, the qualified privilege for corporate officers clearly applies. … As we do not find evidence from which Younge can establish the elements of IIED, we affirm the dismissal of count II.
Cited 1 timesUnpublished407 Ill. App. 3d 442 · Appellate Court of Illinois · Feb 10, 2011
She testified that she saw defendant’s face clearly “[w]hen he came on the side of me. And, I had to suck his penis. I was sitting down, and I was looking up. … She confirmed that there was enough light for her to be able to clearly observe their faces, their sizes, and their hairstyles.
Cited 81 timesPublishedReliable Fire Equipment Co. v. Arredondo
405 Ill. App. 3d 708 · Appellate Court of Illinois · Dec 3, 2010
App. 3d 926, 934 (2005) (there are two ways to establish a protectable interest). … But on those occasions when we depart from precedent, it is imperative that we do so clearly by expressly recognizing that we are doing so and explaining why.
Cited 7 timesPublishedStrong v. Board of Trustees of the North Chicago Police Pension Fund
2021 IL App (2d) 200417-U · Appellate Court of Illinois · May 11, 2021
A decision is against the manifest weight of the evidence only if the opposite conclusion is clearly evident. Marconi, 225 Ill. 2d at 534. … An officer who is 2 Strong argues that the clearly erroneous standard of review applies.
Cited 1 timesUnpublishedUpper Salt Fork Drainage District v. DiNovo
385 Ill. App. 3d 1083 · Appellate Court of Illinois · Oct 14, 2008
As established by the evidence, there[ ] [were] significant concerns with respect to stream[-] banks stabilization, erosion, flow of the stream[,] and other items.” … We do not find it clearly evident, plain, and indisputable that the objectors failed to produce evidence opposing the District’s prima facie case.
Cited 4 timesPublished115 Ill. App. 3d 842 · Appellate Court of Illinois · Jun 16, 1983
Overall the expert will give the opinion that work done by Azzarelli Construction Company fell far below the industry standards required of a qualified contractor on a project of this type.” … In the instant case, the record does not establish such contumacious behavior on the part of the village of Pawnee.
Cited 10 timesPublishedLockwood v. Professional Neurological Services, Ltd.
2025 IL App (1st) 231705 · Appellate Court of Illinois · Mar 14, 2025
Subsection (c)(3) allows the circuit court to order a third party to turn over qualifying assets to a judgment creditor: “[c]ompel any person cited, other than the judgment debtor, to deliver up any assets so … This court held that where the LLC’s “manager and sole class A member” was clearly aware of the “dormancy (which he raised) and the revival (which he challenged),” defects in service of the petition to revive did not create
Cited 2 timesPublished2022 IL App (1st) 210128-U · Appellate Court of Illinois · Apr 8, 2022
In our view, his claim clearly satisfies this burden. ¶ 29 By the time Mr. Jackson was sentenced in 2016, our supreme court had determined, in People v. … establishe[d] that defendant’s AUUW conviction did not affect the trial court’s sentencing decision.”
Cited 0 timesUnpublished2019 IL App (3d) 160355-U · Appellate Court of Illinois · Nov 5, 2019
Defense counsel argued it was not disputed that the victim had been assaulted but stated the State’s evidence did not establish his client was the attacker. … Clearly, the 100-year aggregate sentence defendant received was authorized by statute. ¶ 67 III.
Cited 2 timesUnpublishedBarbee v. Illinois Insurance Guaranty Fund
395 Ill. App. 3d 211 · Appellate Court of Illinois · Sep 24, 2009
This statute establishes that the legislature did not contemplate that a relation back or other type of attachment to the primary claim would be adequate notice. … As previously set forth, the law in Illinois clearly does not support this premise. A.O. Smith Corp., 109 Ill. 2d at 56 , 485 N.E.2d at 337 ; In re Ancillary Receivership of Ideal Mutual Insurance Co., 218 Ill.
Cited 2 timesPublished136 Ill. App. 3d 420 · Appellate Court of Illinois · Aug 30, 1985
Defendant correlatively contends that without his inculpatory statements, the evidence was insufficient to establish his guilt beyond a reasonable doubt. … Moreover, the comments made by the trial court at the sentencing hearing clearly demonstrate his belief that consecutive sentences were appropriate under section 5 — 8—4(b).
Cited 23 timesPublished2025 IL App (2d) 240028 · Appellate Court of Illinois · Nov 24, 2025
Court determines first whether or not the petitioner has established a prima facie case of what they need to establish. … ¶ 82 “Burden of proof” refers to the “quantum and qualify of proof” a party must present to prevail. People v. Morgan, 2025 IL 130626, ¶ 39.
Cited 6 timesPublished2025 IL App (4th) 240991-U · Appellate Court of Illinois · Jun 26, 2025
¶ 79 For applicants who do not qualify as indigent, the statute requires the court to grant a partial waiver of assessments based upon the applicant’s available income relative to the poverty level. … “Matters of trial strategy are generally immune from claims of ineffective assistance of counsel.” People v. Manning, 241 Ill. 2d 319, 327 (2011).
Cited 2 timesUnpublished2025 IL App (4th) 241551-U · Appellate Court of Illinois · Sep 16, 2025
The Court finds the following facts were proven in support of the motive established above. 1. … “[A] defendant must establish both prongs of the Strickland test, such that the failure to establish either precludes a finding of ineffective assistance of counsel.” People v. Cherry, 2016 IL 118728, ¶ 31.
Cited 0 timesUnpublished
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