Case law

Burke v. Burke

259 Ill. 262 · Illinois Supreme Court · Jun 18, 1913

VanAnden or whether the trust in the latter case would have been held void because the payment of the annuities might exhaust the fund, b(ut it was clearly void for the second reason stated in the opinion,—that is, because … The power of disposition here is not unlimited but is qualified, to be exercised only in case the life tenant shall deem it necessary in order to supply herself with the comforts and necessities of life.

Bunn v. Esmark, Inc.

577 F. Supp. 954 · District Court, N.D. Illinois · Jan 16, 1984

Thus, only if there is a job available could an individual be considered disabled so as to qualify for benefits. … Clearly, under the terms of Articles IV and VIII, even if plaintiff had accumulated ten years of credited service, at the time of his disabling stroke he was not an “employe” eligible for benefits.

County of LaSalle v. Milligan

143 Ill. 321 · Illinois Supreme Court · Oct 31, 1892

Supervisors, 24 Ill. 195 , is clearly distinguishable from this case. … Clearly not. They are charged with the duty of managing the county business, (Rev.

In re Detention of Diestelhorst

Appellate Court of Illinois · Aug 27, 1999

The list of crimes provided defines the offenses for which a conviction qualifies an inmate for commitment under the Act. … The legislature clearly spelled out in section 15(b)(2) that the Act only applied to persons about to be released from sentences imposed upon criminal convictions.

Mitchell v. Cook County Officers Electoral Board

Appellate Court of Illinois · Mar 5, 2010

The Board conscientiously considered those objections and took appropriate curative action based upon established decisional law. … Consequently, this matter was clearly not before the Board at the outset.

People v. Leman

95 Ill. App. 2d 212 · Appellate Court of Illinois · May 7, 1968

Clearly, an accused, regardless of ability to pay, enjoys the constitutional guarantee, in State proceedings, to legal representation for his defense. … If from only the basis of common experience, Taylor was competent and qualified to testify as to retail value, particularly inasmuch as nothing was left open to his opinion.

People v. Harris

164 Ill. 2d 322 · Illinois Supreme Court · Dec 22, 1994

We do not find the trial judge’s finding to be clearly erroneous. … clearly of an age of eighteen or older when the offense occurred; that the murder conviction also resulted in convictions for the offense of attempt armed robbery, and that is one of the qualifying factors for the imposition

Johnson v. People

113 Ill. 99 · Illinois Supreme Court · Jan 22, 1885

As a bailee is one who has the possession and a qualified property in goods or other personal property under a contract with the owner, either express or implied, it follows from what we have said, and the authorities just … If a conviction under the statute was relied on, the indictment should clearly have set out the fiduciary relation of the accused with respect to the money,—or, in other words, should have set out the facts constituting the

In Re KT

361 Ill. App. 3d 187 · Appellate Court of Illinois · Sep 23, 2005

Traci Powell, respondent's treating psychiatrist since March 2002, was qualified as an expert in the field of psychiatry. During therapy, Dr. … A trial court's finding is against the manifest weight of the evidence if a review of the record clearly demonstrates that the opposite result would be the proper one.

Boyce v. Risch

212 Ill. Dec. 800 · Appellate Court of Illinois · Nov 15, 1995

Proper foundation should be established during cross-examination. (People v. Powell (1973), 53 Ill. 2d 465 , 292 N.E.2d 409 .) … The testimony of a qualified witness only needs to assist the trier of fact. (Chem-Pac, Inc. v. Simborg (1986), 145 Ill. App. 3d 520 , 495 N.E.2d 1124 .)

Johnson v. Zaremba

381 F. Supp. 165 · District Court, N.D. Illinois · Aug 23, 1973

The affidavit submitted by the defendants clearly brings their apartment building within this exemption of Title VIII. … Moreover, lower federal courts have consistently interpreted Jones to have established that the ban against racial discrimination which exists under Section 1982 was not modified by the passage of Title VIII.

In re Schmidt

Appellate Court of Illinois · Sep 1, 1998

The court's order also established a visitation schedule for Tom, Mandy (Cindy's daughter, Amanda), and Cindy's other relatives. William timely appeals. … The law clearly permits such a decision by either the guardian or the surrogate, but only if certain criteria are met.

Ladd

District Court, S.D. Illinois · Feb 3, 2026

The Court may dismiss a case or deny a party’s IFP application if the action is clearly frivolous or malicious, fails to state a claim, or seeks monetary damages from a defendant who is immune. 28 U.S.C. § 1915(e)(2) … Prosecutors Featherstun and Kozuszek have absolute immunity for acts they took during criminal proceedings. Such immunity applies to actions within the scope of prosecutorial duties, Bianchi v.

People v. Cetwinski

2018 IL App (3d) 160174 · Appellate Court of Illinois · Feb 4, 2019

Yet the court clearly prefaced its smoking-related instructions by stating “I know that some of you want to go outside for a few minutes.” … Rep. 1027, 1028 (King’s Bench) (no immunity when the court was without jurisdiction); Pulliam v.

In Re Marriage of Anderson

409 Ill. App. 3d 191 · Appellate Court of Illinois · Mar 31, 2011

In addition, the judgment awarded an equal division of petitioner’s retirement account from McGraw-Hill Publishers pursuant to a qualified domestic relations order. … As discussed previously, his intent with regard to the sale of his property is relatively immaterial, since it is not immune from the court’s consideration in determining the potential sources of funding by either party.

Polich v. Chicago School Finance Authority

79 Ill. 2d 188 · Illinois Supreme Court · Mar 11, 1980

It was further clearly a concern of the committee that through court construction ‘narrow’ and ‘unintended’ limits might be placed upon the General Assembly’s power.” … The enrolled bill rule is clearly applicable here, and we hold the legislation was properly enacted.

Anderson v. Illinois Department of Professional Regulation

Appellate Court of Illinois · May 13, 2004

Gorchynsky to be more qualified and giving his testimony more weight, disagreed with the ALJ. The Board found that the following acts or omissions by Dr. … The Director’s decision was not clearly erroneous and therefore must be affirmed.

People v. Bernasco

138 Ill. 2d 349 · Illinois Supreme Court · Oct 18, 1990

(The terms “a lawyer appointed for me,” “waiver,” “immunity,” and “intimidated” are contained in the waiver form signed by defendant.) … All three cases clearly require that a Miranda waiver be both constitutionally voluntary and a decision taken knowingly and intelligently.

One Equal Voice v. Illinois Educational Labor Relations Board

Appellate Court of Illinois · Sep 26, 2002

Accordingly, we review the Board's decision under the clearly erroneous standard. … Without having considered the appropriate test to the given set of facts, we find that the decision of the Board was clearly erroneous.

People v. Webb

125 Ill. App. 3d 924 · Appellate Court of Illinois · Mar 30, 1984

Finally, the statement clearly relates to the circumstances of the startling occurrence. … Ann. 1397, 1426 , 26 So. 390, 401 , in which a dying declaration made 24 hours previously was held to be an insufficient foundation for establishing the declarant’s belief of his imminent death so as to qualify an identification