Case law

People v. Morse

2026 IL App (5th) 250438-U · Appellate Court of Illinois · Mar 30, 2026

He chased the victim down and clearly did not think the victim, who did not possess a gun, was going to shoot him. … The evidence established that no firearm was recovered from the victim.

People v. Messina

2026 IL App (3d) 240308-U · Appellate Court of Illinois · Apr 21, 2026

The court qualified O’Donnell as an expert in toxicology, pharmacology, and nutrition. … Manifest error is “clearly evident, plain, and indisputable.” (Internal quotation marks omitted.) People v.

People v. Lopes

2019 IL App (5th) 170258 · Appellate Court of Illinois · Jun 28, 2019

It was apparently ordered by another judge in this county to evaluate him for the purposes of establishing an opinion for fitness to stand trial. … The State posited that the statement would qualify as an excited utterance and thus would constitute an admissible exception to the hearsay doctrine.

In re Marriage of Brill

2017 IL App (2d) 160604 · Appellate Court of Illinois · Jul 13, 2017

Findings are “against the manifest weight of the evidence where the opposite conclusion is clearly evident or where the court’s findings are unreasonable, arbitrary, and not based on any of the evidence.” … App. 3d 448, 458 (2006) (stating that in Rogers the supreme court did not reach the issue of whether loans would qualify as income for purposes of child support).

Cabrera v. Wiremasters, Inc

2023 IL App (1st) 220484-U · Appellate Court of Illinois · Jan 31, 2023

This immunity applies to loaning and borrowing employers. [Citation.]” Morales v. Herrera, 2016 IL App (1st) 153540, ¶ 14. … ¶ 14 Thus, if plaintiff was a borrowed employee of defendant, defendant is entitled to the immunity provided by the Act.

Masters Enterprises, LLC v. The Landings at Henry Harbor, LLC

2026 IL App (4th) 250116-U · Appellate Court of Illinois · Jan 27, 2026

Furthermore, even though the final judgment order has come and gone, the acts of the circuit court in the postjudgment setting are not immune from review. … Masters clearly raised the issue, and we reject Landings’s argument to the contrary.

People v. McCall

2022 IL App (3d) 190780-U · Appellate Court of Illinois · May 12, 2022

The record clearly indicates that defense counsel made no objection at the time of the State’s motion and raised the issue for the first time in a posttrial motion. … May 17, 2019), which provides that the circuit court retains jurisdiction to correct certain errors in sentencing, clearly states the remedy in such cases.

Jaeger v. Illinois Municipal Retirement Fund

2026 IL App (1st) 250557-U · Appellate Court of Illinois · May 12, 2026

Gilman concluded that it had not been established that plaintiff’s “physical ability is limited in any way.” Regarding plaintiff’s anxiety disorder, Dr. … A finding is against the manifest weight of the evidence if the opposite conclusion is clearly evident. Id. Mixed questions of law and fact are not to be reversed unless they are clearly erroneous. Id.

Cole v. Chicago Transit Authority

2025 IL App (1st) 230797 · Appellate Court of Illinois · Mar 14, 2025

Dowd, pay him, or exercise control over his employment, sufficient to establish an agency relationship with him or AGB. … The platform area was clearly marked and separated from the track area with blue tactile warning strips.

R. A. Watson Orchards, Inc. v. New York, Chicago & St. Louis Railroad

250 Ill. App. 22 · Appellate Court of Illinois · May 2, 1928

The court held: “We are clearly of the opinion that experiments of that character, and their results, and inferences drawn from them by witnesses, were mere collateral matters which could have no legitimate bearing upon the … Nothing therefore is proved which tends to show that they were any better qualified to express an opinion on the subject than were any of the jurors before whom the cause was being tried.

People v. Williams

2022 IL App (4th) 210526-U · Appellate Court of Illinois · Sep 26, 2022

A person commits the offense of being an armed habitual criminal when he possesses a firearm after having been convicted of two qualifying offenses—in this case, aggravated discharge of a firearm, and unlawful possession … Accordingly, defendant cannot establish plain error, and we honor his forfeiture.

E & E HAULING, INC. v. Pollution Control Bd.

116 Ill. App. 3d 586 · Appellate Court of Illinois · Aug 3, 1983

noted and evidently accepted the District’s claims that the proposed modification of the Mallard Lake landfill would “improve [the site’s] final use as a scenic and recreational facility” and “improve the environmental qualify … To hold that the PCB (or this court) may not consider the ex parte contacts involved here because they are not part of the record certified by the County Board would immunize such contacts frorp. review because of the very

People v. Albarran

2018 IL App (1st) 151508 · Appellate Court of Illinois · Feb 14, 2019

Defendant contends that Detective Castaneda was not qualified as an expert, that his testimony as to facts in other cases was irrelevant, and that the circuit court compounded the error by sustaining the State … Clearly, some mistakes can be avoided with the use of helpful reminders, such as checklists.

People v. Gariano

Appellate Court of Illinois · Jun 23, 2006

Finally, the facts establish that Investigator Everett and Gariano did not conduct their conversations 1 Compare Deal v. … The eavesdropping statute clearly provides that any person, including law enforcement officers like Investigator Everett, may be an eavesdropper.

People v. Hargrow

2020 IL App (1st) 181615-U · Appellate Court of Illinois · Nov 20, 2020

The court’s inquiries were consistent with the principle that a defendant “should be made aware of the dangers and disadvantages of self-representation, so that the record will establish that he knows what he is doing and … This court found that the trial court “clearly abused its discretion” when it denied defendant’s request to represent himself “based on its belief that the request was not in defendant’s best interest, rather than determining

People v. Tawanda R.

298 Ill. App. 3d 905 · Appellate Court of Illinois · Aug 7, 1998

At that time, Hakeem was five months old but had not had any immunizations. … Contrary to the trial court’s determination, the record establishes that Tawanda was an unfit parent where she failed to maintain a reasonable degree of interest, concern, or responsibility as to Davonte’s welfare, failed

Tuna v. Airbus

2017 IL App (1st) 153645 · Appellate Court of Illinois · Sep 15, 2017

The court found that Wisner established due diligence in obtaining the ACC’s letter, but the most recent declaration of defendants’ experts showed it would be improper to vacate the summary judgment order. … That mutual consent is clearly not present here, making that doctrine inapplicable.

Dancor Construction, Inc. v. FXR Construction, Inc.

2016 IL App (2d) 150839 · Appellate Court of Illinois · Dec 9, 2016

Thus, the private-interest factors clearly favored New York as the proper forum. The public-interest factors likewise favored New York. … Statutes involving the rights of an individual insured against an insurance company would qualify.

People v. Smith

Appellate Court of Illinois · Dec 7, 2001

A petition filed under the Act must “clearly set forth the respects in which petitioner’s constitutional rights were violated.” 725 ILCS 5/122-2 (West 1998). … doubt, appellate counsel argued that Officer McCann’s testimony that a .357 Magnum handgun was capable of firing .38 caliber bullets was not probative of the issue because the testimony was irrelevant and McCann was never qualified

People v. Munoz

2020 IL App (1st) 180167-U · Appellate Court of Illinois · Sep 30, 2020

Matters of trial strategy are generally immune from claims of ineffective assistance of counsel. [Citations.]” Id., ¶¶ 56-58. … We find -9- 1-18-0167 defendant has established, at best, a tactical error but definitely has failed to establish a misunderstanding of the law.