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237 N.E.3d 1063 · Appellate Court of Illinois · Jan 9, 2024
) ¶ 12 Defendant objected, arguing in his written response that (1) introduction of the other-crimes evidence would be unfairly prejudicial and (2) the “grabbing” did not qualify as an enumerated offense under … Simply stated, defendant’s story that he touched A.W.’s bare butt on accident as he tried to protect her from a sharp cabinet handle is hard to believe and was clearly rejected by the jury.
Cited 4 timesPublished2026 IL App (1st) 242184 · Appellate Court of Illinois · Feb 19, 2026
On appeal, this court found that defendant did not qualify for Class X sentencing, vacated his sentence and remanded for resentencing as a Class 2 offender. Id. ¶ 2; see also People v. … Johnson, 218 Ill. 2d 125, 139 (2005) (“Clearly, there can be no - 17 - 1-24-2184 plain error if there is no error.”).
Cited 1 timesPublished2017 IL App (3d) 160025 · Appellate Court of Illinois · May 15, 2017
Here, the witness must be qualified still as an expert and, and must establish the effects of the drugs, which I, I just did not hear. … Clearly there was some issues with driving. But an officer must also show the [effects] of, of the drugs on this individual that he found, and none of that was done.
Cited 1 timesUnpublished260 Ill. App. 3d 136 · Appellate Court of Illinois · Mar 4, 1994
Therefore, according to defendant, the omission of isolated explosive disorder from DSM-III-R did not explain, qualify or discredit the experts’ findings of insanity and should not have been admitted. … Although the reference to chameleons was an unnecessary exaggeration, it was clearly meant to emphasize the change in diagnostic "labels” used by the defendant’s experts. This was not improper, and we find no error.
Cited 19 timesPublished2025 IL App (5th) 220088-U · Appellate Court of Illinois · Mar 24, 2025
He stated they discussed his immunity agreement. … The failure to establish either prong of Strickland precludes a finding of ineffectiveness. People v.
Cited 0 timesUnpublished2019 IL App (1st) 161626 · Appellate Court of Illinois · Jul 17, 2019
There, the State introduced testimony by an officer who was qualified as a gang expert. Id. ¶ 82. … But we never said Wyroba’s testimony was inadmissible; rather, we concluded it was insufficient to establish a necessary element of the offense because Wyroba was never qualified as an expert.
Cited 0 timesUnpublished2017 IL App (1st) 160533 · Appellate Court of Illinois · Feb 5, 2018
“A verdict is against the manifest weight of the evidence only where the opposite result is clearly evident or where the jury’s findings are unreasonable, arbitrary and not based upon any of the evidence.” … Rabinowitz testified that, based on plaintiff’s subjective complaints, he assumed that she suffered a cervical strain, although he qualified that assumption by stating that the physical findings in the emergency
Cited 1 timesPublishedAppellate Court of Illinois · Apr 30, 2004
If they fail to agree, the disagreement will be submitted to a qualified and impartial umpire chosen by the appraisers. The amount of loss agreed to by any two will be binding. … The policy clearly described Progressive's payment obligations. These obligations were not discretionary.
Cited 0 timesPublishedAppellate Court of Illinois · Jun 16, 1999
However, the defendant's subjective intent in taking the photo was not relevant or material to establishing this crime. Lamborn , slip op. at 4. … The State argues that it established that the photo was lewd beyond a reasonable doubt.
Cited 0 timesPublished2021 IL App (1st) 180488-U · Appellate Court of Illinois · Mar 31, 2021
“Matters of trial strategy are generally immune from claims of ineffective assistance of counsel.” Id. … A manifest error is that which is clearly evident, plain, and indisputable. Id. at ¶ 25 (citing People v. Morgan, 212 Ill. 2d 148, 155 (2004)).
Cited 0 timesUnpublished308 Ill. Dec. 60 · Appellate Court of Illinois · Dec 29, 2006
Alexander’s view that “shaken baby syndrome was a serious and clearly definable form of child abuse.” 3. The State’s Rebuttal Witnesses Dr. … “Thus, ‘[flormal academic training or specific degrees are not required to qualify a person as an expert; practical experience in a field may serve just as well to qualify him.’ ” Thompson, 221 Ill. 2d at 429 , quoting Lee
Cited 17 timesPublishedAppellate Court of Illinois · Jun 30, 2003
The detective's testimony concerning Miller are clearly hearsay. The statements concerning Miller were not made by him and cannot be considered statements against his penal interest. … Here, it does not appear that Alvarez's statement qualified as an admission.
Cited 0 timesPublished228 Ill. App. 3d 1061 · Appellate Court of Illinois · Apr 15, 1992
Moorman clarified that her job was to compare blood from different sources to determine common characteristics, not to be a statistician, for which she was not qualified. … She admitted not being an expert in statistics and clearly did not understand the method about which she was testifying.
Cited 15 timesPublished2023 IL App (5th) 230452-U · Appellate Court of Illinois · Nov 16, 2023
He contended a criminal conviction is neither necessary nor sufficient to establish depravity and argued there were no other facts to establish that Charles was unwilling or unable to conform to accepted moral standards … Under Moss’s care, Jaxon had excelled in school, qualified for the Youth Olympics Games, and participated in other activities. Jaxon also attended church.
Cited 1 timesUnpublished2021 IL App (2d) 200572-U · Appellate Court of Illinois · Sep 2, 2021
” ¶ 26 Such testimony never clearly established any agreement of conditional payment. Joe said that they “talked about” paying the loans back from profits or the sale of the company. … Such “evidence” is clearly insufficient to overcome the terms (or lack of same) contained in the valid contracts found by the jury.
Cited 0 timesUnpublished2025 IL App (4th) 241022-U · Appellate Court of Illinois · Aug 19, 2025
There is no dispute defendant’s 1995 robbery conviction qualifies as a forcible felony under the AHC statute despite his age at the time of the offense. … “Manifest error is error that is clearly evident, plain, and indisputable.” Id.
Cited 0 timesUnpublishedAppellate Court of Illinois · Sep 10, 2007
They were CDRs, and they contained songs by artists that were covered by the five major labels and clearly were not authorized for this distribution." … However, a criminal mental state has not been considered sufficient to qualify as an extra element.
Cited 0 timesPublished2021 IL App (4th) 180760-U · Appellate Court of Illinois · Apr 5, 2021
“[A] cause of action should not be dismissed pursuant to section 2-615 unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery.” Id. … “[T]o establish a section 1983 cause of action, the plaintiff must show that (1) a person acting under color of state law committed the conduct complained of and (2) such conduct deprived him of rights, privileges, or immunities
Cited 0 timesUnpublished469 Ill. Dec. 95 · Appellate Court of Illinois · Nov 21, 2022
Vogel testified that B.L.M “clearly met the criteria for [PTSD] *** as a result of the sexual assault.” … evidence is not closely balanced, defendant cannot establish plain error
Cited 15 timesPublished2021 IL App (1st) 180529-U · Appellate Court of Illinois · Mar 1, 2021
But clearly, Judge, this would fall under, should your Court [sic] allow, other crimes evidence to show the defendant’s intent. … The circuit court’s finding that Diaz’s injuries were severe is neither unreasonable nor arbitrary and was clearly based on the evidence presented. An opposite conclusion is not clearly evident.
Cited 1 timesUnpublished
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