Case law

People v. Stackhouse

Appellate Court of Illinois · Nov 30, 2004

Nor do we believe that Officer Ferguson's testimony qualifies as "some evidence" that Ortiz "perceived" the defendant. … Ortiz testified very clearly that he recognized the woman because she approached him and they had a conversation.

People v. Davis

145 Ill. 2d 240 · Illinois Supreme Court · Oct 31, 1991

Further, the burden is on the defendant to establish that the circumstances existing at the time of the plea, judged by objective standards, justified the mistaken impression. People v. … Stat. 1989, ch. 111½, par. 6360—1) clearly indicates that, with defendant’s criminal record, he did not qualify for TASC.

Armstrong v. United Insurance Co. of America

98 Ill. App. 3d 1132 · Appellate Court of Illinois · Jul 30, 1981

He admitted on cross-examination that the mere fact somebody was unemployed did not necessarily mean they would not qualify for insurance. … The words of the receipt do not clearly counter this assumption.

People v. Rollins

237 N.E.3d 602 · Appellate Court of Illinois · Aug 9, 2023

If the plain text of the statute sets forth clearly perceived boundaries, the vagueness challenge fails, and our inquiry ends. [Citation.]” Villareal, 2023 IL 127318, ¶ 33. … Thus, termination of possession is indicative of a potential exception that the State -9- 2023 IL App (2d) 200744 has to overcome; it is not an automatic and complete immunity

Echevarria v. Jackson

District Court, N.D. Illinois · Jan 22, 2025

Further, Plaintiff argues that whether Officer Jackson and Sergeant Spina are entitled to qualified immunity is a question for a jury. (Id. at ¶¶ 9-10). … Siemens Indus., 4 Even if the Court found probable cause to be lacking in this case, it would find that Defendants were protected by qualified immunity.

Kane v. City of Chicago

392 Ill. 172 · Illinois Supreme Court · Nov 21, 1945

Clearly, under the well-established rule that the damage to property not taken is the difference in the fair market value of the property as a whole, before and after the improvement, benefits may always be set off against … The evidence was clearly incompetent. It was merely hearsay and should have been stricken.

Oakridge Development v. Property Tax Appeal

938 N.E.2d 533 · Appellate Court of Illinois · Nov 15, 2010

However, petitioners by their own admission do not qualify for special treatment under section 10-30. … Second, although the legislature removed the recapture provision, it included language that quite clearly indicates an intent that present use and two years' prior use as a farm were both required to qualify property for

People v. Moody

97 Ill. App. 3d 758 · Appellate Court of Illinois · Jul 2, 1981

In Dunaway, the police, who clearly had no probable cause to arrest, picked up and brought the defendant to the police station where he was interrogated about a robbery-murder. … On the other hand, an officer might have sufficient facts, but he may conclude that those facts do not establish probable cause.

Lower E. Side People's Fed. Credit Union v. Trump

289 F. Supp. 3d 568 · District Court, S.D. Illinois · Feb 1, 2018

Alternatively, "an organization can 'have standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself may enjoy.' " Id. … No. 37) at 37) The cases cited by Plaintiff are clearly distinguishable, however. In United States v. Storer Broad. Co. , for example, "[t]he process of rulemaking was complete."

Thomas v. Page

Appellate Court of Illinois · Oct 20, 2005

Accordingly, the fourth condition for the establishment of a privilege is also satisfied. … There are crucial distinctions between an absolute and a qualified privilege.

Ass'n of Franciscan Sisters of Sacred Heart v. County of Vermilion

304 Ill. App. 243 · Appellate Court of Illinois · Mar 11, 1940

Section 24 clearly establishes an obligation upon the county to pay for the medical and surgical expenses of those persons who are not technically paupers, but who are nevertheless unable to pay the necessary expenses of … Qualifying words are made applicable to those preceding and not extended to the following words, unless such extension or inclusion is clearly required by the intent and meaning of the context or disclosed by an examination

Elliott v. University of Illinois

365 Ill. 338 · Illinois Supreme Court · Dec 16, 1936

People, 121 Ill. 84 : “This proviso does not confer upon the ten years’ practitioners any special privilege, immunity or franchise. It does not confer upon them anything — it leaves them as they are.” … We also held it clearly indicates that an office established by the constitution, with a different manner of filling such office than by the Governor’s appointment, is not subject to the portion of the section which provides

In Re Briedis

238 F. Supp. 149 · District Court, N.D. Illinois · Feb 2, 1965

Although that case dealt with deportation proceedings, the language clearly applies to the case at bar. … He is qualified to partake in those rights, and duties inherent in citizenship in these United States. He shall now have-an opportunity to justify our faith in. him. The petition for naturalization is. granted.

Bearden v. Hamby

240 Ill. App. 3d 779 · Appellate Court of Illinois · Dec 22, 1992

The propriety of that order is clearly before this court. … Plaintiff claims that the income tax returns are necessary to establish Dr. Hamby’s motive for deviating from the standard of care.

Fonda v. Miller

411 Ill. 74 · Illinois Supreme Court · Nov 27, 1951

The question of delivery is one of fact and must be gathered from all , the surrounding circumstances established by the evidence. … The fact of acceptance may be established by circumstances as well as by direct proof.

People v. Sanchez

11 Ill. App. 3d 1079 · Appellate Court of Illinois · May 31, 1973

After qualifying the expert there followed: “Q. … We do, however, find that the sentence was excessive and it clearly appears that the sentence constitutes a great departure from the fundamental law and its spirit and purpose.

City of Wheaton v. Sandberg

215 Ill. App. 3d 220 · Appellate Court of Illinois · May 3, 1991

Clearly, in this instance, the City’s exercise of eminent domain is a valid home-rule power. We must now determine whether the legislature has specifically limited or preempted this power. … Accordingly, the defendants’ argument regarding the uniform standards established by the Act must fail. II.

People v. Sutton

Appellate Court of Illinois · Aug 14, 2007

in Zayas has determined that a previously hypnotized witness is virtually immune from effective cross-examination because having been hypnotized, the witness "gains complete confidence in his 'restored' memory, forgets … For a statement to qualify as a spontaneous declaration, three requirements must be met, (1) there must be an occurrence sufficiently startling to produce a spontaneous and unreflecting statement; (2) there must be an

Waugh v. MORGAN STANLEY AND CO., INC.

359 Ill. Dec. 219 · Appellate Court of Illinois · Mar 1, 2012

Levinson testified at deposition that Turek was a qualified pilot with many hours of flying experience in a Cessna 421B. … The answer to this question clearly requires an analysis of the educator's conduct in providing educational services.

Advincula v. United Blood Services

211 Ill. Dec. 182 · Appellate Court of Illinois · Aug 22, 1995

AIDS is a fatal disease; infection with HIV results in the total collapse of the immune system. … So that we can talk about three levels of staircase and, as a licensed establishment, we are committed to all three layers.”