Case law

Kleiss v. Bozdech

285 Ill. Dec. 89 · Appellate Court of Illinois · Jun 9, 2004

At this point in the proceedings, the court should have considered only whether Bateman and Ries would be qualified to testify as experts at trial. … Bateman testified that 2,4-D damage was clearly identifiable but later testified that Banvel or Dicamba damage would be similar.

Moore v. The Board of Education of the City of Chicago

56 N.E.3d 457 · Appellate Court of Illinois · Jun 21, 2016

another way, whether the rule of law as applied to the established facts is or is not violated.” … In such circumstances, we review an agency’s decision under the clearly erroneous standard of review. Swoope, 323 Ill. App. 3d at 529.

May v. Industrial Commission

195 Ill. App. 3d 468 · Appellate Court of Illinois · Feb 6, 1990

The program was seeking young persons, and the claimant did not qualify. … Further, the evidence that the doctor told the claimant of the importance of taking this medication and the long-range effects of not doing so was vague and did not clearly establish that the claimant was told specifically

People v. Nasser

223 Ill. App. 3d 400 · Appellate Court of Illinois · Dec 30, 1991

App. 3d 790, 794 , 497 N.E.2d 351 , 354: “The opportunity for [committing] an arson, the motive inducing an arson and the identity of a person accused of arson may all be established through circumstantial evidence because … As such, it clearly does not fall within the definition of ‘violent crime,’ and the parties to whom defendant was ordered to make restitution do not qualify as ‘victims’ within the meaning of the restitution statute.

People v. Bowen

38 N.E.3d 98 · Appellate Court of Illinois · Jul 31, 2015

App. 3d 893 (1998) (evidence was sufficient to establish that a sharpened clip was a “weapon” coming within definition of contraband). … It is the defendant's burden to affirmatively establish that the sentence was based on improper considerations (People v. Conley, 118 Ill.

People v. Tegeler

2024 IL App (2d) 240069-U · Appellate Court of Illinois · Mar 25, 2024

As the appellant, the burden is on the State to establish the existence of error in the record. In re Alexander R., 377 Ill. App. 3d 553, 557 (2007); McGann v. Illinois Hospital Ass’n, Inc., 172 Ill. … These conditions were clearly individualized to her case.

Crawford County State Bank v. Marine American National Bank

199 Ill. App. 3d 236 · Appellate Court of Illinois · Jun 27, 1990

The court ruled Janiak was not qualified as an expert witness and rejected the offer of proof. … He does not contact the transfer agent to establish ownership. The value assigned by Marine to the stock in the First State Bank of Monticello was $130 per share.

People v. McCaleb

2024 IL App (1st) 240514-U · Appellate Court of Illinois · May 24, 2024

and present threat”; and (3) no condition or combination of conditions existed to mitigate any threat he posed, because five months had elapsed after the alleged attack without incident, “[a] number of conditions could clearly … At the hearing, the State bears the burden to establish by clear and convincing evidence that, in relevant part, (1) “the proof is evident or the presumption great that the defendant has committed” a qualifying offense;

First Fercury Insurance Company v. Nationwide Security Services, Inc.

54 N.E.3d 323 · Appellate Court of Illinois · May 18, 2016

Quoting the policy language, First Mercury asserted, "Clearly, the deductible does not apply on a per 'occurrence' basis." … not fulfilled its burden of establishing that there is coverage above and beyond the deductible.

People v. Bosek

210 Ill. App. 3d 573 · Appellate Court of Illinois · Mar 18, 1991

Paul Meyer, a board-certified orthopedic surgeon, was qualified as an expert in spinal trauma with particular expertise in the area of gunshot wounds to the spine. … He clearly saw the barrel of the rifle and the clips. He saw Gilbert turning a lever and then he shot him. He did not kick the rifle out of Gilbert’s hands because he was too far away.

People v. Anderson

Appellate Court of Illinois · Apr 11, 2006

Officer Koehn testified that he and Officer Berke used clearly audible voices. When they called out to defendant, he began to run. … On appeal, the defendant argues that the undisputed facts in Set A do not establish his guilt.

People v. Moorman

Appellate Court of Illinois · Nov 29, 2006

Clearly, questioning defendant about drugs was completely unrelated to the observed violation--an expired license-plate sticker--that provided the basis for the stop. … As law, this is bad, as it clearly contradicts not only Gonzalez but also an explicit holding of the United States Supreme Court.

People v. Fields

2014 IL App (1st) 110311 · Appellate Court of Illinois · Feb 11, 2014

¶ 15 The State read the jury a stipulation that Fields had "two qualifying felony convictions to be considered in connection with the armed habitual criminal charge." … A statute bears a strong presumption that it is constitutional; defendant bears the burden of overcoming that presumption and clearly showing that the statute is unconstitutional. People v.

In re Estate of Kirsten Johnson

303 Ill. App. 3d 696 · Appellate Court of Illinois · Mar 2, 1999

The court noted the failure of both Vera and Eric to have established a future “care plan” for Kirsten. … Clearly, Kirsten’s financial interests have not been jeopardized and there.is no indication that they will be jeopardized in the future.

People v. King

2022 IL App (1st) 210254-U · Appellate Court of Illinois · Jun 23, 2022

The trial court found that the two officers testified “clearly and convincingly.” The trial court rejected defendant’s version of events. … Defendant does not contest that those two convictions sufficed to prove that he had twice been convicted of qualifying offenses. Thus, the sole issue on appeal is whether defendant possessed a firearm.

La Salle National Bank v. City of Chicago

54 Ill. App. 3d 944 · Appellate Court of Illinois · Nov 17, 1977

The plaintiff, an experienced developer who qualified as an expert appraisal witness, testified that the.highest and best use of the property as of 1975 was multifamily, R-4. … Indeed, it must do so, for it has long been recognized in Illinois that where it clearly appears that the relative gain to the public is small when compared with the hardship imposed upon the property owner by the zoning

Jackson v. Callan Publishing, Inc.

459 Ill. Dec. 722 · Appellate Court of Illinois · Jun 30, 2021

“The subcontractor will call potential sponsors at their homes to qualify them as a potential sponsor. … The court found that the evidence against Safety Publications, Herdman, and Olivera “clearly established that damages were incurred,” and they received $1,454,921.63 from their solicitations.

People v. Bobo

Appellate Court of Illinois · Aug 24, 2007

Defendant Failed to Establish a Prima Facie Case of Racial Discrimination in State’s Exercise of Peremptory Challenges Defendant alleges the trial court erred in finding defendant failed to establish … In support of that argument, defendant contends the State removed from the jury by use of its peremptory challenges two unbiased, qualified jurors solely because of race.

People v. Zuniga

2020 IL App (1st) 170983-U · Appellate Court of Illinois · Jan 17, 2020

Thus, the evidence established defendant was in possession of the gun that was used to shoot Otero-Correa a matter of minutes after Otero-Correa was shot. … The parties’ stipulation clearly established that the left cuff “contacted [GSR] related items or was in the environment of a discharged firearm.” (Emphasis added.)

People v. Nichols

2023 IL App (1st) 221391-U · Appellate Court of Illinois · Dec 15, 2023

First, we must determine whether the evidence was closely balanced such that the error would qualify under the first prong. … The defendant must establish both prongs, and if the reviewing court determines that a defendant cannot establish prejudice, it need not analyze whether counsel’s conduct was deficient. See People v.