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2025 IL App (5th) 240017-U · Appellate Court of Illinois · Sep 19, 2025
In order to support a Brady violation, the defendant must establish that the State withheld favorable evidence. See Brady, 373 U.S. at 87. … The record clearly establishes that the State disclosed all information in its possession requested by the defense.
Cited 1 timesUnpublished29 Ill. App. 3d 670 · Appellate Court of Illinois · May 28, 1975
Both sides were represented by exceptionally qualified trial lawyers and both parties presented extensive evidence, including expert testimony. … A jury question on the issue was clearly presented.
Reversed on other grounds by Lawson v. G. D. Searle & Co., 64 Ill. 2d 543 (1976)Cited 6 timesPublished65 N.E.3d 864 · Appellate Court of Illinois · Sep 30, 2016
Smith, 2014 IL 115946, ¶ 29 ("The legislature clearly intended for further proceedings on successive postconviction petitions."). ¶ 25 II. … Smith, 2014 IL 115946, ¶ 29 ("The legislature clearly intended for further proceedings on successive petitions.").
Cited 10 timesUnpublishedBajwa v. Metropolitan Life Insurance Co.
Appellate Court of Illinois · Aug 13, 2002
The underwriter also questioned why the policy amount was $200,000 when the decedent's income, pursuant to Met Life financial guidelines, qualified him for a policy in the amount of $150,000. … In fact, the evidence presented by plaintiff to establish defendant's actual knowledge consisted of the information, previously discussed in this opinion, which established that there were enough discrepancies and anomalies
Cited 0 timesPublishedJ.H. v. Ada S. McKinley Community Services, Inc.
Appellate Court of Illinois · Dec 29, 2006
With respect to the issue of his age, the In re Spain court actually stated as follows: “It is well established that a minor who is a defendant in a purely civil action may not act in his own name … In the present case, the record clearly reveals that respondent was 19 years of age at the time of the hearing.
Cited 0 timesPublished2025 IL App (1st) 231762-U · Appellate Court of Illinois · Sep 9, 2025
Milburn was not qualified to give an opinion on the issue, nor did he offer one. See Ill. R. Evid. 701 (eff. … Additionally, it is well-established that the credibility of witnesses is a proper subject for closing argument. People v. Richardson, 123 Ill. 2d 322, 356 (1988).
Cited 0 timesUnpublished2021 IL App (1st) 190086-U · Appellate Court of Illinois · Nov 1, 2021
Rodriguez was indicted for first degree murder and DeBartolo was offered immunity to testify against Rodriguez at trial. … Therefore, error clearly occurred.
Cited 0 timesUnpublished111 Ill. App. 3d 551 · Appellate Court of Illinois · Dec 23, 1982
Where an examining psychiatrist is clearly aware that his patient was found not guilty of murder by reason of insanity, we cannot help but suggest that this information could have had a significant impact upon a doctor’s … While a diagnosis of schizophrenia may qualify as a mental disease or defect under the Illinois insanity statute (People v. Kuhn (1979), 68 Ill.
Cited 41 timesPublished2025 IL App (4th) 241541-U · Appellate Court of Illinois · Mar 13, 2025
Counsel further emphasized the two qualifying felonies for defendant’s being-an-armed-habitual-criminal charge occurred in 2005 and 2009. … In support, defendant points to evidence establishing he posed no threat to the community, including testimony he volunteered in the community, was deeply involved with his family, had a strong character, and had full-time
Cited 0 timesUnpublishedNationstar Mortgage LLC v. Jones
2020 IL App (1st) 191737-U · Appellate Court of Illinois · Sep 3, 2020
Vieau explained that she is so qualified because reviewing plaintiff’s business records related to servicing residential loans is one of her job responsibilities. … Rule 113(c)(4) clearly states that the affidavit need only “substantially” adopt the appearance and content of the form provided.
Cited 0 timesUnpublished378 Ill. App. 3d 1083 · Appellate Court of Illinois · Feb 15, 2008
If the child is an Indian child, section 1912(e) of the Act provides that no foster-care placement may be ordered absent a determination, supported by both conclusive evidence and qualified expert testimony, that the continued … Clearly, the notice provisions of the Act are intended to serve the interests of the Indian tribes and cannot be forfeited by a parent. See In re J.O., 170 P.3d 840, 842 (Colo.
Cited 7 timesPublished163 Ill. App. 3d 384 · Appellate Court of Illinois · Nov 9, 1987
Amos stated that the bus terminal was brightly lit by fluorescent lighting, so that he could clearly see defendant’s face. Amos estimated that he saw defendant’s face for approximately 15 minutes. … The court also noted that although defendant qualified for an extended-term sentence of up to 60 years, it would impose only a 30-year sentence.
Cited 3 timesPublished243 Ill. App. 3d 153 · Appellate Court of Illinois · Feb 9, 1993
Clearly, defendants secretly solicited Veco employees for Cor-Mac and orchestrated a mass exodus of Veco’s NEBT servicing employees to follow Babcock’s resignation. Such conduct is a breach of fiduciary duties. … The same testimony by Year established at trial that exhibits 19, 20, 21, 23, 24, and 25 met these requirements. Defendants do not dispute this claim. The circuit court should have allowed the summaries into evidence.
Cited 48 timesPublished62 N.E.3d 341 · Appellate Court of Illinois · Aug 22, 2016
The court found that, based on the “totality of the evidence,” the State had met its burden of establishing defendant’s fitness. … This was established in People v.
Cited 4 timesUnpublished2021 IL App (3d) 190507-U · Appellate Court of Illinois · Aug 23, 2021
(3) The defendant has received immunity from prosecution for the offense charged. … Betts and Troutt are clearly distinguishable.
Cited 2 timesUnpublished137 Ill. App. 3d 704 · Appellate Court of Illinois · Oct 18, 1985
It is well established that a judge has a right to question witnesses in order to elicit the truth or to bring enlightenment on material issues which seem obscure (People v. Wesley (1959), 18 Ill. 2d 138 ; People v. … Accordingly, the judge was exceedingly well qualified to render the most informed judgment possible. Moreover, the record provides no evidence the defendant felt the judge was prejudiced against him personally.
Cited 15 timesPublishedDillon v. Christie Clinic, LLC
2025 IL App (5th) 241211-U · Appellate Court of Illinois · Aug 6, 2025
It concluded that if called to testify about these matters, she was competent and qualified to do so. … He contended that he established a factual basis that would entitle him to a judgment.
Cited 0 timesUnpublishedIllinois Road & Transportation Builders Ass'n v. County of Cook
451 Ill. Dec. 491 · Appellate Court of Illinois · Mar 3, 2021
The doctrine “is firmly established in federal law” and was first adopted in Illinois in International Union, 215 Ill. 2d at 48. … At issue there was a federal law that established a preferential procurement program for women-owned small businesses (WOSBs). Id. at *1.
Cited 1 timesPublished2021 IL App (2d) 200146-U · Appellate Court of Illinois · Apr 1, 2021
” ¶6 The State moved for reconsideration, arguing that the court’s ruling would prevent it from establishing the degree of injury suffered by Anterson. It made the following offer of proof: “a. … We decide de novo whether a trial court’s evidentiary ruling qualifies under Rule 604(a)(1) as a reviewable suppression ruling.
Cited 0 timesUnpublished2020 IL App (1st) 182551-U · Appellate Court of Illinois · Jan 31, 2020
Act (Tort Immunity Act) (745 ILCS 10/2-102 (West 2016)) on punitive and exemplary damages against Illinois municipalities. … that the discharge violates a clearly mandated public policy)
Cited 4 timesUnpublished
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