Case law

Khungar v. Department of Financial & Professional Regulation

2021 IL App (1st) 200077-U · Appellate Court of Illinois · May 18, 2021

The appellant’s motions to dismiss were properly denied, and the appellant failed to establish that evidence at the administrative hearing was erroneously admitted. … ¶ 26 The purpose of the Medical Practice Act is to protect the public health and welfare from those not qualified to practice medicine. Nwaokocha v.

People v. Harris

2015 IL App (1st) 133892 · Appellate Court of Illinois · Jan 14, 2016

It is quite a large gun, a handgun and it's clearly visible on the videotape ***. *** The other question is whether or not *** I could find or should find that the weapon that is admitted … Whether an object is sufficiently susceptible to use in a manner likely to cause serious injury so that it qualifies as a dangerous weapon is generally a question of fact. People v.

People v. Wolf

2025 IL App (5th) 230520-U · Appellate Court of Illinois · Jun 5, 2025

Meeting that 4 burden requires the party challenging a statute to “clearly establish its invalidity.” People v. Mosley, 2015 IL 115872, ¶ 22. … To that end, the legislature enacted “a system of identifying persons who are not qualified to acquire or possess firearms *** within the State of Illinois by the establishment of a system of Firearm Owner’s Identification

People v. Cunningham

2026 IL App (1st) 241398-U · Appellate Court of Illinois · Apr 14, 2026

¶ 30 It was petitioner’s burden, at a third-stage hearing, to establish his actual innocence by a preponderance of the evidence. People v. McCoy, 2026 IL 131565, ¶ 50. … And requiring counsel to raise this claim would clearly exceed the scope of the reasonable assistance to which petitioner was entitled.

People v. Garcia

236 N.E.3d 488 · Appellate Court of Illinois · Mar 31, 2023

” ¶ 51 Here, the record clearly establishes that Garcia’s counsel was acutely aware that Garcia had reported suffering from mental health issues in the past and that Garcia had been receiving Social Security disability … Dennis was very clearly decided on the unique facts of the case.

People v. Kathleen C.

326 Ill. App. 3d 225 · Appellate Court of Illinois · Nov 6, 2001

Dvorsky recommended that permanency be established in order for the children to feel more safe and stable. … Dvorsky testified that Hephzibah, upon examining psychological evaluations tendered by Yates, determined that he was not qualified to provide respondent and Ernie C. with the counseling services that they needed.

People v. Harper

254 Ill. App. 3d 44 · Appellate Court of Illinois · Sep 17, 1993

She explained that she remembered to tell the police about the scar on the following day because she had been able to sleep and thus was calmer and thinking more clearly. … Most important, her testimony established that in her initial encounter with the defendant he was attempting to sell her narcotics.

People v. Adamson

2020 IL App (4th) 180631-U · Appellate Court of Illinois · Jul 2, 2020

Aside from several preliminary questions about the grant of use immunity and agreement there would be no further charges, Shafer refused to answer. … The problem, of course, is that not only was it not fine, it was clearly inadmissible as hearsay and not proper impeachment.

National Bank of Commerce v. J. W. Council

339 Ill. App. 585 · Appellate Court of Illinois · Mar 9, 1950

countercomplaint filed by Weber Costello Company alleges, inter alia, "the fact to be that said Joseph William Council was adjudicated a bankrupt on the 13th day of December, 1947, and that this defendant was duly appointed and qualified … Despite the arguments of the able attorneys for the Bank it clearly appears from the record that the trial court passed upon the validity of the alleged lien of the Bank against the funds deposited with the clerk of the court

In re Commitment of Floyd

2025 IL App (1st) 230047-U · Appellate Court of Illinois · Mar 31, 2025

Jury instructions do not warrant reversal on appeal “unless they clearly misled the jury and resulted in prejudice to the appellant.” Id. … See Conley, 2023 IL App (1st) 211084, ¶¶ 47-48 (OSPD Nonconsent qualifies as mental disorder under the Act).

Palen v. Daewoo Motor Co., Ltd.

358 Ill. App. 3d 649 · Appellate Court of Illinois · Jun 14, 2005

The Maunder court found that a foreign parent corporation was doing business through its subsidiary, and, thus, the subsidiary was qualified, as an agent, to accept service of process on behalf of the corporation, 12 when … Clearly, there is less evidence in the instant case to support a finding that Daewoo Corp. was doing business through DMA than there was in Haubner.

Follett Corp. v. Illinois Department of Revenue

Appellate Court of Illinois · Nov 13, 2003

Follett also argues the Department's reading would encourage corporate shell games since Follett could make Follett Stores a wholly owned division to qualify as one "person" that is taxable in every sales state and avoid … In addition, "[t]he courts especially should avoid unnecessary interference with the system of taxation established by the legislature." Koeppel , 92 Ill. 2d at 527 , 442 N.E.2d at 178 .

Brandt Construction Co. v. Ludwig

376 Ill. App. 3d 94 · Appellate Court of Illinois · Sep 21, 2007

dispute Brandt’s claim that the Cities failed to personally or directly notify Brandt of the rate change, it does argue that the posting of the rate change on the Department’s website and at the Department’s main office qualifies … Clearly, the above language places an affirmative obligation on all public bodies to notify the contractor that the prevailing wage has been revised.

People v. Thompson

462 Ill. Dec. 117 · Appellate Court of Illinois · Apr 22, 2022

Our supreme court in Buffer knew of the defendant’s MSR term following his 50-year sentence, but clearly excluded it when determining whether he had received a de facto life sentence. … Since defendant qualifies for day-for-day sentence credit, he is required to serve at least 50 percent, or 40 years, of his sentence.

People v. Hill

297 Ill. App. 3d 500 · Appellate Court of Illinois · Jun 17, 1998

He qualified his diagnosis by stating that it was in part based on information provided by defendant, on whose credibility he did not rely. … The federal decisions do not establish a bright line rule.

People v. Thornton

2025 IL App (4th) 240243-U · Appellate Court of Illinois · Apr 11, 2025

“To overcome this presumption, the party challenging the statute must clearly establish that it violates the constitution.” People v. Sharpe, 216 Ill. 2d 481, 487 (2005). … Consequently, defendant has not, and cannot, clearly establish the AHC statute violates the second amendment. Sharpe, 216 Ill. 2d at 487. ¶ 36 III.

People v. Dresher

Appellate Court of Illinois · Mar 24, 2006

Abrams was qualified to testify as an expert in psychiatry. Defendant told Dr. … Rather, the State contended that the evidence presented as to defendant=s depression was insufficient to establish that he was guilty but mentally ill.

McHenry County Defenders, Inc. v. City of Harvard

384 Ill. App. 3d 265 · Appellate Court of Illinois · Jul 2, 2008

As section 2 — 619 grounds for dismissal, defendants argued that plaintiffs did not have standing to pursue declaratory or monetary relief and that the aldermen were immune from suit as government officials. … We stated that “such a role clearly requires more active participation in the action than that which would satisfy the traditional dictionary definition of the term ‘authorize.’ ” Pierce Downer’s, 302 Ill.

People v. Frye

2025 IL App (2d) 250381-U · Appellate Court of Illinois · Dec 8, 2025

circuit court properly denied pretrial release because, under section 110-6.1, potential suppression issues affect only the weight of the State’s evidence and not its sufficiency, and the State established … -5- 2025 IL App (2d) 250381-U ¶ 15 Therefore, under section 110-6.1, a defendant may be detained when the evidence clearly indicates he committed the offense, even

People v. Couloute

2025 IL App (4th) 250516-U · Appellate Court of Illinois · Jul 28, 2025

Clearly, for investigative purposes, safety issues, and flight issues, the Sheriff and State Police did not respond to these inquiries. … would not matter whether he established error in the preceding three contentions.