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225 Ill. App. 3d 286 · Appellate Court of Illinois · Feb 7, 1992
Krishen Kaishtha testified as a qualified expert that on May 19, 1988, he received a GSR kit for testing. … In view of the fact that some use of the nickname was clearly justifiable and in view of the further fact that defense counsel himself referred to the defendant three times as “Dillinger” in closing argument, we cannot say
Cited 21 timesPublished2019 IL App (1st) 151276 · Appellate Court of Illinois · Dec 30, 2020
The State clearly elicited an answer from him about the nature of his plea that the prosecutor knew or should have known was false. … fails outright because he has failed to show that the State’s failure to correct Vargas’s testimony was a clear and obvious error that falls into the unique category of nonstructural second-prong plain errors established
Cited 6 timesPublished2017 IL App (3d) 150156 · Appellate Court of Illinois · Jun 30, 2017
. ¶ 11 Michael Murphy was qualified as an expert in the field of fingerprint examination. He testified that two of seven latent prints submitted by Delaney were suitable for comparison. … Maldonado, 2015 IL App (1st) 131874, ¶ 23. ¶ 28 In the instant case, the defendant was clearly not found in actual possession of the .40-caliber handgun.
Cited 19 timesPublishedAppellate Court of Illinois · Dec 17, 2001
The plaintiff has the right to have the jury clearly and fairly instructed on any theory supported by the evidence. To justify an instruction, some evidence in the record must support the theory. … Generally, the opinion testimony of an expert is admissible if the expert is qualified by knowledge, skill, experience, training, or education in a field that has "at least a modicum of reliability" and the testimony would
Cited 0 timesPublishedWarren v. The Illinois Human Rights Commission
2021 IL App (5th) 200289-U · Appellate Court of Illinois · Dec 2, 2021
Freeman failed to establish a prima facie case of retaliation because she failed to establish that she made a qualifying “protest” of sexual harassment and questioned whether an alleged protest of sexual harassment in an … The Department argues that the applicable standard of review is the more deferential clearly erroneous standard.
Cited 1 timesUnpublishedFarwell v. Pyle-National Electric Headlight Co.
212 Ill. App. 450 · Appellate Court of Illinois · Nov 11, 1918
It is true that the contract which he seeks to enforce against the defendant was in the first instance made with persons who were qualified to deal with the corporation, but we can see no essential difference between the … There is no merit in the contention that the defendant corporation, under the circumstances of the case, was called upon to sever the relationship which was established by the unlawful conduct of its directors.
Cited 0 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 timesUnpublished351 Ill. Dec. 855 · Appellate Court of Illinois · May 31, 2011
In support of its holding, the supreme court observed that "the elements that the State would have had to prove to establish defendant's guilt as an accomplice are different from those necessary to prove his guilt as a principal … In Marshall , the supreme court held that section 5-4-3 "authorizes a trial court to order the taking, analysis and indexing of a qualifying offender's DNA, and the payment of the analysis fee only where that defendant is
Cited 52 timesPublishedPerkins & Will v. Security Insurance
219 Ill. App. 3d 807 · Appellate Court of Illinois · Sep 19, 1991
Security argues that subsections 3a and 3b essentially form a single qualifying clause containing the requirements of subsections 3b(1) through (3). … The majority then proceeds to engage in a tedious grammatical exercise which leads to a result not only clearly unintended by the parties, but also flagrantly at odds with basic principles of insurance law.
Cited 7 timesPublished77 Ill. App. 3d 59 · Appellate Court of Illinois · Oct 12, 1979
Finally, although a judge may not have acted arbitrarily or capriciously in denying probation or in imposing a particular sentence, we do not believe for that reason alone, a sentence should necessarily be immune from modification … Defendant has affirmatively established that the sentence imposed was erroneous.
Reversed by People v. Cox, 82 Ill. 2d 268 (1980)Cited 35 timesPublished2019 IL App (5th) 170430-U · Appellate Court of Illinois · Oct 30, 2019
A finding is against the manifest weight of the evidence if the opposite conclusion is clearly evident or if the trial court’s conclusion is unreasonable, arbitrary, and not based on the evidence presented. … While proceedings brought under the Act are civil in nature (id. § 20), the State still must establish beyond a reasonable doubt that an individual is an SVP (id. § 35(d)(1)).
Cited 0 timesUnpublished2024 IL App (1st) 241039-U · Appellate Court of Illinois · Sep 10, 2024
“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 … Conway, 2023 IL 127670, ¶ 18 (it is well established that a single eyewitness identification is sufficient to sustain a conviction); People v.
Cited 1 timesUnpublished2026 IL App (2d) 240714-U · Appellate Court of Illinois · Feb 4, 2026
These messages do not qualify as proof of “specific instances of the alleged victim’s prior violent conduct,” (Chavez, 2025 Ill App (1st) 221601 ¶ 163). … Matters of trial strategy are generally immune from ineffective assistance of counsel claims. People v. Jones, 2023 IL 127810, ¶ 51.
Cited 0 timesUnpublishedGillenwater v. Honeywell International, Inc.
996 N.E.2d 1179 · Appellate Court of Illinois · Sep 18, 2013
. ¶ 72 Because a conspiracy requires a conspiratorial agreement between the active wrongdoer and the other conspirators, a logical first step when evaluating a claim of conspiracy is to clearly identify … Usually, it must be established from circumstantial evidence and inferences drawn from evidence, coupled with common-sense knowledge of the behavior of persons in similar circumstances.”
Cited 9 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 timesPublished2024 IL App (5th) 230087-U · Appellate Court of Illinois · Mar 18, 2024
“ ‘To establish that a defendant was deprived of effective assistance of counsel, a defendant must establish both that his attorney’s performance was deficient and that the defendant suffered prejudice as a result.’ ” … Thus, defendant has failed to establish that the failure to use the interviews was ineffective assistance.
Cited 1 timesUnpublished2021 IL App (1st) 180991 · Appellate Court of Illinois · Aug 26, 2021
Hodges, 234 Ill. 2d 1, 9-10 (2009). ¶ 51 Section 122-2 of the Act specifically provides that “[t]he petition shall *** clearly set forth the respect in which petitioner’s constitutional rights were violated … Again, defendant argues that, although the judge stated that circumstances in his case did not appear to qualify him for the death penalty, “the judge raised the specter that circumstances could come to light
Cited 6 timesPublished232 N.E.3d 1078 · Appellate Court of Illinois · Aug 8, 2023
Though defendant is a native Spanish speaker, he clearly understood the officer. He just could not complete the test as instructed. … ¶ 88 Defendant’s other principal citation, Casler, 2020 IL 125117, does not purport to tell us what qualifies as a material impediment.
Cited 7 timesPublishedBridgestone/Firestone, Inc. v. Doherty
Appellate Court of Illinois · May 27, 1999
Hoskins was quoted as qualifying his statements by adding that full or continuous production did not mean full capacity and that it would be some time before prestrike production levels were achieved. … Because the claimants were originally disqualified from receiving benefits, they had the burden to establish their eligi bility.
Cited 0 timesPublished249 Ill. App. 3d 21 · Appellate Court of Illinois · Jun 25, 1993
He watched the shooting from about 25 feet away, but could hear and see clearly. Officer James Treacy was qualified as an expert in firearms identification. … Stat. 1987, ch. 38, par. 115 — 10.1), established probable cause to believe that Atkins was guilty of the deceased’s murder under an accountability theory.
Cited 6 timesPublished
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