Case law

People v. Gutierrez

254 N.E.3d 463 · Appellate Court of Illinois · Sep 9, 2024

So, the night when [F.B.] came upstairs, I remember clearly I went downstairs, I saw [defendant], I asked him about [F.B.], and he told me [he would] be upstairs pretty soon.” … There, the appellate court construed section 2-106 of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/2-106 (West 2014)), which stated: “ ‘[A] local public entity is not liable for an injury

Flores v. Luxury Motors Credit, Inc.

2021 IL App (1st) 200974-U · Appellate Court of Illinois · Sep 7, 2021

A motion qualifies as a proper postjudgment motion under section 2-1203 (and therefore tolls the time for filing a notice of appeal) if it requests one or more of the types of relief listed in section 2-1203. … DePodesta, 2021 IL 125733, ¶ 56 (“A ruling is against the manifest weight of the evidence only if an opposite conclusion is clearly evident.”).

People v. Wayman

Appellate Court of Illinois · Mar 10, 2008

M ere nudity does not qualify as child pornography. Lamborn, 185 Ill. 2d at 594, 708 N.E.2d at 355. … Criminal statutes must be interpreted so that they clearly separate criminal conduct from noncriminal conduct.

Perkins v. Madison County Sheriff's Department

2023 IL App (5th) 220585-U · Appellate Court of Illinois · Sep 29, 2023

Johnson, 2016 IL App (1st) 153377, ¶ 36. 6 ¶ 24 Because the allegations in the complaint establish that the individual defendants in this case were governmental employees … ¶ 35 Arguably, no cause of action is clearly identified in the plaintiff’s complaint at all, including his constitutional claim.

Suburban Press, Inc. v. Gherardini

2020 IL App (1st) 190270-U · Appellate Court of Illinois · May 20, 2020

¶ 25 Because the District Court had jurisdiction over the parties and the subject matter, the Assignment Order was immune from collateral attack. … We find this waiver rule to be straightforward and believe that a reasonable, prudent attorney would not in good faith have brought such an appeal clearly prohibited by well-established waiver rules.

People v. Haywood

2022 IL App (3d) 190547-U · Appellate Court of Illinois · Mar 1, 2022

Enis, 194 Ill. 2d 361, 377 (2000). “ ‘Matters of trial strategy are generally immune from claims of ineffective assistance of counsel.’ ” People v. … However, decisions as to what matters to object to are matters of trial strategy and generally immune from claims of ineffective assistance.

Forest Preserve District v. First National Bank

401 Ill. App. 3d 966 · Appellate Court of Illinois · May 27, 2010

However, their motion clearly stated a constitutional claim, along with a request for an alternate valuation procedure to ensure that they received just compensation. … Will County Collector, 196 Ill. 2d 27, 38 (2001) (stating the basic principle that, “if the legislature has clearly indicated what the temporal reach of a[ ] *** statute should be, then, absent a constitutional prohibition

People v. Nowden

2026 IL App (1st) 232328-U · Appellate Court of Illinois · Mar 31, 2026

“Illinois law recognizes ‘that a physical beating may qualify as such conduct that could cause great bodily harm.’ ” People v. Kinnerson, 2020 IL App (4th) 170650, ¶ 73. … ¶ 43 Viewed that way, we are not persuaded that the court clearly and obviously erred.

Crusius v. Illinois Gaming Board

348 Ill. App. 3d 44 · Appellate Court of Illinois · Mar 31, 2004

A strong presumption of constitutionality is given to legislative enactments, and a party challenging a statute on constitutionality grounds bears the burden of clearly rebutting this presumption. … Our last consideration is defendants’ contention that, the Illinois Gaming Board should have been dismissed as a defendant (a) based on the doctrine of sovereign immunity, as described in Smith v.

Trygg v. The Illinois Relations Board

9 N.E.3d 1244 · Appellate Court of Illinois · May 6, 2014

The Board abuses its discretion only where its decision to dismiss the charge is clearly illogical. [Citation.] … Accordingly, we decline to address whether petitioner qualifies for the right of nonassociation under section 6(g) of the Act.

People v. Childress

321 Ill. App. 3d 13 · Appellate Court of Illinois · Mar 20, 2001

However, we cannot predicate our decision on either admissions or calculations by a party that a review of the record establishes to be clearly erroneous. See Cunningham, 77 Ill. … Specifically, defendant claims that the trial court used his prior convictions to both qualify defendant for an extended term and also to sentence him to a term of imprisonment nearly double the maximum of the unextended

Cassavoy v. Haayer

2021 IL App (2d) 190809-U · Appellate Court of Illinois · Nov 24, 2021

It is well established that “[a] reviewing court is entitled to have issues clearly defined with pertinent authority cited and cohesive arguments presented [citation], and it is not a repository into which an appellant … The trial court expressed its doubt that Kanter, who is not a biomechanical engineer, was qualified to render the former opinion.

Amoco Oil Co. v. Village of Schaumburg

277 Ill. App. 3d 926 · Appellate Court of Illinois · Dec 29, 1995

However, the circuit court ruled in favor of Amoco on count II, finding Schaumburg’s attempt to revoke the permit did not qualify as a reasonable exercise of Schaumburg’s legislative authority. … Indeed, the dedication requirement was clearly site-specific and adjudicative in character.

People v. Robinson

391 Ill. App. 3d 822 · Appellate Court of Illinois · Apr 30, 2009

Police officers with narcotics experience may be qualified as experts in the field. People v. Foules, 258 Ill. App. 3d 645, 660 (1993). … This argument lacks merit, as the State relied on the quantity of the drugs to establish an intent to deliver, and the testimony regarding controlled buys was clearly presented as just a foundation for Summers’ knowledge

People v. Strickland

2020 IL App (1st) 162562-U · Appellate Court of Illinois · Sep 8, 2020

¶ 38 FBI special agent Joseph Raschke, was qualified as an expert in the field of historical cell cite analysis. … The evidence clearly established that both defendant and Dashawn were frustrated with William because he was frugal.

Pekin Insurance Co. v. Centex Homes

2017 IL App (1st) 153601 · Appellate Court of Illinois · Mar 2, 2017

¶ 23 Defendants argue that Centex Real Estate qualifies as an additional insured because it was a “signatory” to the McGreal contract. … The answer, clearly, is yes. The underlying complaint alleges that it was the named insured, McGreal, who was charged with “the erection of *** a balloon wall.” The complaint further alleges that Mr.

State of Illinois ex rel. Schad, Diamond and Shedden, P.C. v. National Business Furniture, LLC

2016 IL App (1st) 150526 · Appellate Court of Illinois · Aug 2, 2016

Relator contends on appeal that the circuit court erroneously applied the “government knowledge defense” to conclude that the mere fact of the IDOR audit negated defendant’s scienter as a matter of law and “permanently immunized … According to relator, even if the evidence established that the State knew that defendant did not collect and remit use tax on shipping charges as a result of the audit, it did not establish that the State knew and approved

Merchandise Nat'l Bk. of Chicago v. Scanlon

86 Ill. App. 3d 719 · Appellate Court of Illinois · Jul 8, 1980

The court also cautioned that the “hourly rate should be commensurate with the undertaking and should not be so low as to discourage participation in such cases by highly qualified counsel.” (Leader, at 492.) … In our opinion the analysis of the trial court in the case at bar was well within the bounds of its discretion as established by our supreme court in Flynn, Leader and Fiorito.

People v. Aquisto

461 Ill. Dec. 724 · Appellate Court of Illinois · Feb 24, 2022

In turn, no link is established between the defendant and the substance. … For that - 19 - matter, given the use of the qualifier “approximately,” there is no discrepancy.

Village of DeLand v. Michael

2022 IL App (4th) 200298-U · Appellate Court of Illinois · Feb 10, 2022

¶ 16 After hearing arguments, the trial court found the Village’s affidavit “very clearly” showed no issue of material fact as to whether the house was “a menace to public safety.” … Likewise, had Michael believed Benting was not qualified to opine on the condition of the house, she was required to raise that objection in the trial court. Essig v.