Case law

In re Marriage of Bonneau

294 Ill. App. 3d 720 · Appellate Court of Illinois · Feb 9, 1998

Petitioner refused to produce the requested records, despite a trial court order to the contrary, arguing that the records were protected from disclosure under the privilege established in the AIDS Confidentiality Act (Act … On July 8, 1996, respondent filed a motion to produce medical records alleging that “on information and belief, [petitioner] was recently hospitalized for an immune system disorder (blood disease and pneumonia).”

Hulman v. Evanston Hospital Corp.

259 Ill. App. 3d 133 · Appellate Court of Illinois · Mar 11, 1994

Greenspan’s testimony had a sufficient factual basis, since it was established that plaintiff was in a rehabilitation unit for the purpose of rehabilitation after her stroke. See Collins, 219 Ill. … Greenspan qualified her statement of no outer time limit by pointing out that plaintiff had previously mastered use of the toilet and knew how to use the call button. The fact that Ms.

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. Randall

2016 IL App (1st) 143371 · Appellate Court of Illinois · Dec 9, 2016

An investigative alert was established for a 1999 gold or tan Chevy Malibu with a certain license plate number. … The trial court then concluded defendant’s sentencing: “THE COURT: I’ve looked at the factors in mitigation, none of which qualify ***.

People v. Williams

Appellate 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.

People v. Falco

17 N.E.3d 671 · Appellate Court of Illinois · Aug 12, 2014

If the defendant fails to establish either prong, his ineffective assistance claim must fail. Strickland, 466 U.S 668. … “Such decisions enjoy a strong presumption that they 5 No. 1-11-1797 reflect sound trial strategy, rather than incompetence,” and therefore, are “generally immune

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. Moore

32 N.E.3d 30 · Appellate Court of Illinois · Apr 28, 2015

The court found that "Defendant cannot merely make vague or conclusory assertions but must clearly demonstrate his diligent efforts to uncover matters he now claims entitle him to relief," citing People v. … The defendant's only recourse was to file a postconviction petition and attempt to establish lack of culpable negligence, but he expressly rejected this option.

Lesure v. Illinois High School Ass'n

2024 IL App (1st) 242546-U · Appellate Court of Illinois · Dec 30, 2024

¶ 22 The first three showings required of plaintiff below have been clearly satisfied. … Thus, the constitution clearly grants the Board authority to interpret “all questions and appeals arising from *** interscholastic activities” as necessary to undertake its mandate, which clearly includes

People v. Ernsting

94 N.E.3d 1278 · Appellate Court of Illinois · Jan 31, 2018

Colvis indicated that he was not qualified to testify regarding how blood in a subject’s mouth might affect the reliability of the results of a breath-alcohol test. … ¶ 18 Following the presentation of the defendant’s evidence, the trial court determined that the defendant had established a prima facie case that the results of her breath-alcohol test were unreliable.

People v. Walker

2024 IL App (1st) 220985-U · Appellate Court of Illinois · Mar 22, 2024

Coriano, the highway was well-lit and dry, and the lanes were clearly marked. … Milenkov’s testimony established only that Mr. Walker’s urinalysis indicated a -7- No. 1-22-0985 positive result for PCP and cannabis.

People v. Burke

2021 IL App (1st) 200250-U · Appellate Court of Illinois · Oct 13, 2021

Counsel remarked that defendant is “clearly not 5, 7 to 5, 8, not as he sits there and not as it was documented during the lineup.” … ¶ 32 Decisions regarding which witnesses to call at trial ultimately rest with trial counsel, and as matters of trial strategy, they are “generally immune from claims of ineffective assistance of counsel.”

People v. Evans

173 Ill. App. 3d 186 · Appellate Court of Illinois · Jul 15, 1988

Charlene attempted to lead her away from the house, defendant pushed Charlene to the ground and then pulled G.B. off to the side where he threatened, “If you ever tell anybody, I will blow your house up, you and your family,” clearly … As stated above, a complaint made only as a result of questioning ordinarily does not qualify as a corroborative complaint. (E.g., People v. Harris (1985), 134 Ill. App. 3d 705 , 480 N.E.2d 1189 .)

Djikas v. Grafft

Appellate Court of Illinois · Oct 27, 2003

Pursuant to these terms, count I of the complaint requested a declaratory judgment construing the lease and option to purchase, particularly the above-mentioned paragraph 33, in order to establish the purchase price of the … The hearing was not continued for consideration of additional issues, nor did the court overtly indicate any intent to retain jurisdiction, as it clearly did in Guzik .

Bruntjen v. Bethalto Pizza, LLC

2014 IL App (5th) 120245 · Appellate Court of Illinois · Oct 28, 2014

In Martin, the court found that “McDonald’s clearly established a security policy which unquestionably included a follow-up. Nevertheless, its key security people *** admittedly failed to follow up.” … Again, any requirement that a delivery be made “timely” was qualified by the requirement that the delivery also be made safely.

People v. Clark

2019 IL App (4th) 160782-U · Appellate Court of Illinois · Nov 6, 2019

“If at the second stage a substantial showing of a constitutional violation is established, the petition proceeds to the third stage for an evidentiary hearing.” Id. … In its motion to dismiss defendant’s amended postconviction petition, the State clearly asserted as a basis for dismissal that Brooks’s notarized statement failed to qualify as an affidavit, as it was not sworn and did

Home Healthcare of Illinois, Inc. v. Jesk

112 N.E.3d 594 · Appellate Court of Illinois · Nov 27, 2017

The hospital moved for summary judgment, arguing that it was immune from damages under a provision of the Hospital Licensing Act (210 ILCS 85/1 et seq. … However, that 24 No. 1-16-2482 edition, like later ones, clearly provides two opposing definitions of the word.

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.

People v. Lomeli

2023 IL App (3d) 200291-U · Appellate Court of Illinois · May 25, 2023

Thus, counsel’s decision not to call these witnesses was “clearly” trial strategy. Defendant appeals. ¶ 13 II. … “[M]anifest error” is that which is “clearly evident, plain, and indisputable.” People v. Coleman, 206 Ill. 2d 261, 277 (2002).

Illinois Power Co. v. Illinois Commerce Commission

254 Ill. App. 3d 293 · Appellate Court of Illinois · Sep 10, 1993

Real estate taxes, no less than depreciation, are clearly test year expenses and cannot be recovered without violating test year principles. BPI II, 146 Ill. 2d 175 , 585 N.E.2d 1032 . … The court there prefaced its discussion by observing that to qualify for an accounting variance for recording purposes during the lag period, the utility “must show that (1) circumstances beyond its control have created a