Case law

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  • The Board of Education of Valley View Community Unit School District No. 365-U v. Illinois State Board of Education

    2013 IL App (3d) 120373 · Appellate Court of Illinois · Oct 25, 2013

    ¶ 22 The District then established a “Final Remediation Plan” for Reid, effective on January 11, 2010. … ¶ 52 Further, the statute clearly dictates the role and qualifications of a consulting teacher.

    Cited 1 timesUnpublished
  • Applegate v. Human Rights Commission

    2020 IL App (1st) 191419-U · Appellate Court of Illinois · Dec 22, 2020

    ¶ 38 The Department requires that employers must make reasonable accommodations of known physical limitations of otherwise qualified disabled employees. 56 Ill. Admin. Code 2500.40(a) (2009). … ¶ 40 Here, the facts clearly demonstrate that Progressive was unaware of petitioner’s hip disorder.

    Cited 1 timesUnpublished
  • People v. Piscotti

    136 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 timesPublished
  • People v. Toney

    2011 IL App (1st) 90933 · Appellate Court of Illinois · Sep 19, 2011

    Moreover, the first- degree murder charges in this case were clearly still pending at the time defendant was convicted of second-degree murder. … Therefore, the offense of second-degree murder did not qualify as an “other charge” arising out of the same incident that gave rise to the charge of first-degree murder. 4 Section

    Cited 4 timesPublished
  • People v. Lomax

    975 N.E.2d 115 · Appellate Court of Illinois · Jun 29, 2012

    See Holloway, 290 F.3d at 1338 (holding that probable cause may be established by a reasonable belief that someone is in danger). … Reports of gunshots certainly qualify as an ongoing emergency because someone could have been seriously injured.

    Cited 28 timesPublished
  • Bridgestone/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 timesPublished
  • People v. Hoard

    249 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
  • People v. Lenley Opinion corrected 01/23/04 Opinion corrected 01/27/04

    Appellate Court of Illinois · Dec 23, 2003

    No one tried to explain how proof of three other burglaries served to establish intent, motive, design, or a lack of mistake. … We think the jurors convicted the defendant, in large part, because the evidence clearly demonstrated his propensity for burglary and theft.

    Cited 0 timesPublished
  • In re Estate of Shapiro

    2020 IL App (1st) 192417-U · Appellate Court of Illinois · Jun 5, 2020

    Further, it was not clearly explained how Ladon used the many different subaccounts that appeared in the record. … Plaintiffs contend that the $1.7 million in the trust does not establish an adequate remedy because Rhoda is not a trust beneficiary.

    Cited 0 timesUnpublished
  • People v. Relwani

    99 N.E.3d 152 · Appellate Court of Illinois · Feb 21, 2018

    It looks like a little bitty X that was there, but it is light and it’s faint. *** Now, the defendant did testify that he did not—he clearly testified that he was woken up by the police officers and that … Courts, however, should liberally construe that limitation to allow inquiry into whatever subject tends to explain, qualify, discredit, or destroy the witness’s direct testimony. Ill. R.

    Cited 6 timesUnpublished
  • People v. Ward

    Appellate Court of Illinois · Feb 2, 2007

    After being qualified as an expert in firearm identification, Parise testified that he received a Glock model 17, 9- millimeter semiautomatic pistol, and two fired 9-millimeter Luger cartridge cases for analysis. … But, we may still dispose of defendant's claim because he has clearly failed to meet other, established, procedural requirements.

    Cited 0 timesPublished
  • Gillenwater 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 timesPublished
  • People v. Royark

    215 Ill. App. 3d 255 · Appellate Court of Illinois · Jun 20, 1991

    During the time defendant was represented by the Rock Island public defender’s office, he clearly wanted private counsel. He wanted, in fact, two attorneys. … I know from his reputation that there are few better qualified defense attorneys in the State of Illinois and it is of great concern to me that either his, either his integrity or his ability is impugned. * * * Mr.

    Cited 15 timesPublished
  • Gore v. Provena Hospital

    29 N.E.3d 707 · Appellate Court of Illinois · Mar 31, 2015

    It held: "The form at issue states clearly and concisely that none of the physicians at defendant hospital are its employees, agents, or apparent agents … In other words, the majority seems to rule that the plaintiff's signing of such a consent form retroactively immunizes the hospital by making it impossible for the plaintiff to prove the "holding out" element

    Cited 1 timesUnpublished
  • People v. Crutchfield

    2015 IL App (5th) 120371 · Appellate Court of Illinois · Aug 5, 2015

    If no prejudice to the defendant is established, there is no need to separately determine whether counsel’s performance was deficient. People v. … The Illinois Supreme Court determined that by enacting Public Act 89-428, “the legislature clearly crossed that line.

    Cited 19 timesPublished
  • Curry v. Jeffreys

    2021 IL App (4th) 200341-U · Appellate Court of Illinois · Oct 7, 2021

    Unfortunately for Curry, he could have obtained as much protection from the application of the doctrine with a claim of diplomatic immunity—they are equally inapplicable to the situation before us. … Moreover, defendant’s admitted disregard of the most basic procedural requirements demonstrates a complete disregard of established law, which we decline to ignore.

    Cited 0 timesUnpublished
  • People v. Coleman

    Appellate Court of Illinois · Apr 29, 2011

    ”) “ ‘[A]ll statutes are presumed to be constitutional, and the burden of rebutting that presumption is on the party challenging the validity of the statute to demonstrate clearly a constitutional violation.’ ” … The State responds that defendant failed to establish that he spent was in custody for the additional 31 days. We agree with defendant.

    Cited 0 timesPublished
  • Economy Packing Co. v. Illinois Workers' Compensation Commission

    387 Ill. App. 3d 283 · Appellate Court of Illinois · Dec 9, 2008

    For a finding of fact to be contrary to the manifest weight of the evidence, an opposite result must be clearly apparent. Caterpillar, Inc. v. … This language plainly shows the legislature's intent that illegal aliens qualify as employees.

    Cited 14 timesPublished
  • In Re Possession & Control of the Commissioner of Banks

    327 Ill. App. 3d 441 · Appellate Court of Illinois · Dec 28, 2001

    Clearly, subsection (4) is but one part of the definition of an IRA and does not stand alone as a rule of law. … These cases merely follow the well-established principles of law set forth above.

    Cited 75 timesPublished
  • Old Second National Bank, N.A. v. Karolewicz

    462 Ill. Dec. 333 · Appellate Court of Illinois · Mar 18, 2022

    A postjudgment stay does not qualify as an interlocutory order for the purposes of Rule 307, and thus Rule 307 cannot be the basis for our jurisdiction over plaintiff’s appeals. … Our supreme court in Steinbrecher clearly set forth that when the third-party purchaser ‘acquired title to the property pursuant to the judgment and sale, and at all times prior, neither was

    Cited 9 timesPublished

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