Case law
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228 Ill. App. 3d 12 · Appellate Court of Illinois · Dec 27, 1991
Where a defendant must prove a defense by a preponderance of the evidence, the factfinder must deny the defense where it believes only that it is as likely as not that the defendant qualifies for the defense”).) … The testimony of Tiffany indicates quite clearly that defendant did not stop until she believed that she was successful in carrying out her mission, after which she “walked” to the door. Moreover, the testimony of Dr.
Cited 32 timesPublished456 Ill. Dec. 501 · Appellate Court of Illinois · Dec 10, 2021
¶ 24 Matters of trial strategy are typically immune from claims of ineffective assistance unless the strategy was unsound. Id. ¶ 89. … Moreover, Lenos telling defendant that he would tase defendant if he shot Lenos with the BB gun clearly shows his anticipation that defendant could shoot him with the BB gun once he had it out of the holster, which would
Cited 4 timesPublished979 N.E.2d 1002 · Appellate Court of Illinois · Nov 27, 2012
The State noted that he had no convictions that qualified for use in impeachment. … Specifically, he contends the State failed to establish the essential element that the contact defendant caused by flinging an unknown liquid on Officer Foltynewicz was insulting or provoking in nature.
Cited 21 timesPublishedBanco Popular v. Beneficial Systems, Inc.
335 Ill. App. 3d 196 · Appellate Court of Illinois · Nov 4, 2002
BSI filed a countersuit to quiet title and establish its priority over BPM’s mortgage. BPM, in turn, brought suit against BSI. … However, the circumstances present here fit those outlined in section 30 of the Act and may well qualify Reynolds for the exception to the general rule.
Cited 21 timesPublishedCrawley v. Board of Education of the City of Chicago
432 Ill. Dec. 454 · Appellate Court of Illinois · May 10, 2019
A teacher is given about 12 sick days in a school year for use because of a personal or qualifying family member’s illness. … Wells principal Jeffrey White testified that 100% of the students at Wells qualify for free or reduced-price lunches because of their families’ low incomes.
Cited 1 timesUnpublishedAppellate Court of Illinois · May 30, 2000
Usually, the decision of a trial court on a fourth amendment motion to quash arrest and suppress evidence will not be disturbed by a reviewing court unless that finding is determined to be clearly or manifestly erroneous. … Defendant argues that the amount of cannabis was only 1.2 grams, which is a Class C misdemeanor offense, and does not qualify as an exigent circumstance since it is not a violent or serious crime.
Cited 0 timesPublished467 Ill. Dec. 82 · Appellate Court of Illinois · Mar 6, 2023
Clearly, this testimony was similar enough to be relevant under the standard in Jackson, 2021 IL 124818, ¶ 34. … Thus, there is no support for the suggestion that defendant’s prior testimony could ever qualify as a judicial admission.
Cited 6 timesPublished260 Ill. App. 333 · Appellate Court of Illinois · Mar 2, 1931
The Chicago Title & Trust Company was appointed as executor and letters issued to that company, and it duly qualified. … But the result of establishing a trust was to convert the creditor into a cestui que trust and give him rights against a trust fund, which as a simple contract creditor he did not possess, and which did not belong to that
Cited 9 timesPublished2022 IL App (1st) 201120-U · Appellate Court of Illinois · Mar 18, 2022
Clutts had failed to offer evidence that the receiver’s actions had been the result of negligence or misconduct, or that “the Receiver should not otherwise be entitled to qualified immunity from any claims or actions by … Levin was not entitled to qualified immunity as the receiver because he had engaged in “gross negligence, willful misconduct, fraud, self-dealing and breach of fiduciary duty to the estate.
Cited 0 timesUnpublished148 Ill. App. 3d 849 · Appellate Court of Illinois · Oct 20, 1986
Clearly, the trial court here heard the evidence and ultimately discounted Butcher’s valuation by some $832,000 due in part, perhaps, to the shortcomings alleged here. … Clearly, the technique used by Jennings is essentially the same method used by Dutcher in arriving at his $2,832,532 valuation of Diesel Radiator.
Cited 20 timesPublished432 Ill. Dec. 73 · Appellate Court of Illinois · Jun 5, 2019
The activities are clearly intended to enhance Katelyn’s educational development, as she pursues her goal of becoming an equine veterinarian. … However, if the record does not contain evidence that clearly establishes the point at which the marriage began to break down, dissipation must be measured from the time the parties separated or a petition for dissolution
Cited 11 timesUnpublishedNicholson v. State Farm Mutual Automobile Insurance
Appellate Court of Illinois · Mar 23, 2010
This language, with its statement that the rule applies to policies that are "renewed" and its references to "the insured," clearly expresses a legislative intent to include current policyholders, not just first-time applicants … However, the defendant does not dispute that the Janotas' request for increased coverage qualified as a "written request for such coverage," as required by section 143a--2(2).
Cited 0 timesPublished22 N.E.3d 79 · Appellate Court of Illinois · Nov 4, 2014
way, whether the rule of law as applied to the established facts is or is not violated. … The purpose of the Act is to “protect the public health and welfare from those not qualified to practice medicine.” Ikpoh v. Department of Professional Regulation, 338 Ill. App. 3d 918, 926 (2003).
Cited 4 timesUnpublished2026 IL App (4th) 250646-U · Appellate Court of Illinois · Jan 27, 2026
The court’s order noted Amy “presented evidence that she does not qualify for social security disability, and a letter from her doctor stating that she is unable to work at this time. … Even with the ambiguity in Amy’s argument, we clearly see in the record that she failed to meet any of the necessary elements set out above to establish estoppel in any form as an affirmative defense.
Cited 0 timesUnpublished2021 IL App (1st) 190913-U · Appellate Court of Illinois · Mar 31, 2021
It is well established that the paramount consideration in all guardianship and child custody cases is the best interest of the child. … Furthermore, in a case such as this, where both parties appear qualified to have guardianship of the minor, observation of the witnesses' demeanor is acutely important.
Cited 0 timesUnpublishedWilmington Savings Fund Society v. Choi
2021 IL App (2d) 200218-U · Appellate Court of Illinois · Jun 17, 2021
Homeowners’ contend that the Lenders each qualified as a “debt collector” under the FDCPA. … Instead, they argue that she qualifies as a “borrower” because she signed the mortgage.
Cited 1 timesUnpublishedJohnson v. Equipment Specialists, Inc.
58 Ill. App. 3d 133 · Appellate Court of Illinois · Mar 10, 1978
Nonetheless, it cannot be said that the failure to qualify or register under either act was the proximate cause of the death in this case. … This record clearly shows that the conditions resulting from the design and construction were obvious and clearly apparent to any person who had occasion to be on the premises when the doors were open.
Cited 21 timesPublishedEngle v. Department of Financial and Professional Regulation
103 N.E.3d 382 · Appellate Court of Illinois · Mar 23, 2018
¶ 31 Mixed questions of law and fact are reversible if they are clearly erroneous. Windsor Clothing Store, 2015 IL App (1st) 142999, ¶ 26. … (the mere finding of a default is not final and does not even qualify as an immediately appealable interlocutory order).
Cited 5 timesUnpublished184 Ill. App. 3d 1 · Appellate Court of Illinois · Jun 8, 1989
and affords complainants the opportunity to qualify for the position of sergeant under such policy. … However, that language is clearly dicta, as the agency in question had no provision for rehearing.
Cited 6 timesPublished2025 IL App (2d) 240663-U · Appellate Court of Illinois · Jan 17, 2025
¶ 20 The record in this case establishes that the trial court clearly assessed the statutory factors and found that they weighed in favor of a finding that defendant posed a real and present threat to M.D. and the public … Moreover, the trial court was clearly cognizant of defendant’s lack of criminal history and the fact that M.D. moved to Texas.
Cited 1 timesUnpublished
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