Case law

People v. Hood

469 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

Hardman v. Helene Curtis Industries, Inc.

48 Ill. App. 2d 42 · Appellate Court of Illinois · Mar 11, 1964

The question of what is an ordinary use, however, is clearly one of fact. … As to this, we believe that there was testimony which, when taken in the light most favorable to the plaintiff, tended to establish that the product was flammable.

People v. Alvarez

Appellate 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.

People v. Reza

2021 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.

City of Chicago v. Didier

131 Ill. App. 406 · Appellate Court of Illinois · Feb 7, 1907

In the absence of any countervailing’ testimony it conclusively establishes the claim of appellee. … The case at bar is clearly distinguishable, for the rule announced in Schneider v. Manning, 121 Ill. 376 , was neither changed, modified or overruled in the Pyle case.

People v. White

78 N.E.3d 623 · Appellate Court of Illinois · May 8, 2017

White to be evaluated as a sexually dangerous person by two qualified psychiatrists. … Covey, 34 Ill. 2d 195, 197 (1966) (noting that at least one evaluator must testify in order to establish a prima facie case against the respondent).

People v. Ollie

2022 IL App (5th) 160282-U · Appellate Court of Illinois · Mar 15, 2022

escape the danger other than the use of force which is likely to cause death or great bodily harm to the other person; or in good faith, he withdraws from physical contact with the other person and indicates clearly … “Such decisions enjoy a strong presumption that they reflect sound trial strategy, rather than incompetence,” and therefore, are “generally immune from claims of ineffective assistance of counsel.”

Winters v. Wangler

Appellate Court of Illinois · Nov 26, 2008

Accordingly, Winters' allegation is sufficient to establish that liability may attach and, therefore, survives a section 2-615 motion to dismiss. D. … In Umble, the court noted that the defendant's acts of repairing a tire for an obviously intoxicated person who injured another did not qualify for in-concert liability.

People ex rel. Department of Children & Family Services v. Virgil Warren Sparrow

59 Ill. App. 3d 731 · Appellate Court of Illinois · Mar 23, 1978

App. 3d 844, 851 , 373 N.E.2d 568 , 574: “We note, * * * that although the Juvenile Court Act clearly provides for separate hearings (See Ill. Rev. … Illinois courts have always held that parental rights may only be terminated when unfitness is established by clear and convincing evidence.

People v. Averett

381 Ill. App. 3d 1001 · Appellate Court of Illinois · Mar 31, 2008

The parties also stipulated that forensic chemist Penny Evans from the Illinois State Police crime laboratory would qualify as an expert in the area of forensic chemistry and that she found the total estimated weight of the … Having failed to show deficient performance, defendant cannot establish that his trial counsel was ineffective. See Love, 377 Ill. App. 3d at 310 . C.

Danigeles v. Illinois Department of Financial & Professional Regulation

397 Ill. Dec. 207 · Appellate Court of Illinois · Sep 25, 2015

His curriculum vitae was admitted into evidence and Hayes was qualified as an expert in handwriting analysis. … Bertagni's testimony established that a clerical error could have occurred with respect to the billing for treatment on certain unerupted teeth of the M family children; (2) Hayes established that it was unlikely that the

People v. Lopez

228 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.

People v. Alberts

Appellate Court of Illinois · Jun 26, 2008

Defendant clearly under- stood the proceedings and assisted counsel with the defense. Defense counsel had defendant examined by Dr. Cuneo and afterward did not want a report. Dr. … "I am unable to form an opinion at the current time as to whether [defendant] would qualify for an intoxication defense.

Erlenmeyer v. Holzhauer Auto & Truck Sales, Inc.

2024 IL App (5th) 231239-U · Appellate Court of Illinois · Dec 10, 2024

A decision is against the manifest weight only where the opposite conclusion is clearly evident. Gerber v. Hamilton, 276 Ill. App. 3d 1091, 1093 (1995). … ¶ 79 Thus, the rule requires that (1) the proffered expert testimony be helpful to the trier of fact in understanding a technical or complicated fact and (2) the expert be qualified to give the testimony sought.

People v. Robinson

2 N.E.3d 383 · Appellate Court of Illinois · Dec 2, 2013

Although many dying declarations may not be testimonial, there is authority for admitting even those that clearly are. [Citations.] … In general, the Montiero judge found the methodology of firearms identification is sufficiently reliable (id. at 372) and would allow a qualified examiner who has documented and had a second qualified examiner verify her

J. Maki Construction Company v. Chicago Regional Council of Carpenters

Appellate Court of Illinois · Feb 1, 2008

Plaintiffs alleged that the banner imputed a criminal conviction to Maki, thereby establishing defamation per se to Maki individually. … Instead, the trial court instructed the jury that defendants had a qualified privilege to publish the handbill but lost the privilege if they acted with malice.

People v. Hunter

331 Ill. App. 3d 1017 · Appellate Court of Illinois · Jun 28, 2002

Smithee was also unable to read clearly the name of the person who had signed the check. … The parties stipulated that a qualified questioned-documents examiner had examined copies of the check and the traffic ticket.

Rumbolt v. Human Rights Commission

2020 IL App (1st) 191997-U · Appellate Court of Illinois · Nov 23, 2020

In addition, Rumbolt listed some services used by the Academy and stated that she was unsure whether any of them had state or municipal contracts which would qualify the Academy as an “employer” under the Act. … An agency’s factual findings are against the manifest weight of the evidence only where the opposite conclusion is “clearly apparent.” Id. The agency’s decision should be affirmed where the evidence supports it.

People v. Dunning

2025 IL App (5th) 230475-U · Appellate Court of Illinois · Feb 18, 2025

It is well established that matters of trial strategy are generally immune from claims of ineffective assistance of counsel. People v. Smith, 195 Ill. 2d 179, 188 (2000). … As this decision was a matter of trial strategy, it is generally immune to the claim of ineffective assistance of counsel.

People v. Schmidt

2025 IL App (4th) 241046-U · Appellate Court of Illinois · Aug 5, 2025

Then, on cross-examination, the prosecutor asked him if, at the time of the shooting, he knew that (1) paternity testing had established that he was the father and (2) a hearing was set for May 15, 1996, “ ‘to establish … The State’s impeachment of Preston did not make her testimony meaningless or clearly unworthy of serious consideration.