Case law

People v. Bonslater

261 Ill. App. 3d 432 · Appellate Court of Illinois · May 2, 1994

Mares’ testimony along with the stipulated testimony of the police laboratory chemists established every element of the offense and was sufficient to support defendant’s conviction of possession of a controlled substance … Although we do not believe that this testimony was "so improbable and unsatisfactory” that no rational trier of fact could have believed it, it definitely raised numerous questions and clearly was not immune from attack.

City of Charleston v. System of Administrative Hearing of the City of Charleston

2019 IL App (4th) 180634 · Appellate Court of Illinois · Oct 8, 2020

The hearing officer began his analysis by stating what Englum had to prove to qualify for health insurance benefits under section 10 of the Act (820 ILCS 320/10 (West 2008)). … An administrative decision is clearly erroneous if “the reviewing court, on the entire record, is left with the definite and firm conviction that a mistake has been committed.”

Hallowell v. University of Chicago Hospital

Appellate Court of Illinois · Sep 6, 2002

If A's testimony is offered for the purpose of establishing that B said this, it is clearly admissible--if offered to prove that event X occurred, it is clearly inadmissible.' Carpenter , 28 Ill. 2d at 121 ." … People qualified in their fields stated their views and gave their reasons for these opinions. Nothing was said that was not grounded somewhere in the evidence.

Rogers v. Von Nida

District Court, S.D. Illinois · Oct 22, 2020

The Seventh Circuit directs courts to consider whether, “at the time the defendant filed his notice in federal court, clearly established law demonstrated that he had no basis for removal,” likening the analysis to one … Page 4 of 5 made under the qualified immunity doctrine.

People v. Liberg

138 Ill. App. 3d 986 · Appellate Court of Illinois · Dec 10, 1985

Consequently, defendant has not established any prejudice as a result of trial defense counsel’s alleged error. … Zi-poryn had authored a book during direct examination while qualifying him as an expert. The State added the information about the title, however that was not dwelt upon.

Campbell v. Campbell

6 L.R.A. 167 · Illinois Supreme Court · Oct 31, 1889

If Enos had qualified as executor, he would have been a necessary party to the bill. His refusal to qualify, and the appointment of an administrator, removed his interest as executor. … The fact, if conceded, that they were heirs-at-law of the testator, would not, of itself, establish their incom-petency, or show that they would take a greater share as heirs than as devisees.

People Ex Rel. Sears v. Romiti

50 Ill. 2d 51 · Illinois Supreme Court · Dec 17, 1971

To permit such an attack upon an indictment would tend to immunize persons involved in events upon which the news media concentrated their attention. … Clearly, the motion for leave to file the petition was improvidently allowed and the petition should be denied.

Hall v. Burlington Northern Santa Fe

977 F. Supp. 1344 · District Court, N.D. Illinois · Sep 15, 1997

Hall asserts that she became aware that the job of Yardmaster was awarded to Debbie Winters, an allegedly less qualified white female. On November 11, 1994, Ms. … The only letter from Burlington Northern that clearly rejected Ms. Hall for a position is dated outside the limitation period for Ms. Hall's claim. (Pl. Ex. 5A).

People v. Richardson

123 Ill. 2d 322 · Illinois Supreme Court · Mar 23, 1988

Ernest Warner is a firearms examiner for the City of Chicago police department and was qualified by the court as an expert witness. … The identifications were admissible because the totality of circumstances clearly and convincingly establishes that those identifications had an independent origin in the witnesses’ memories of events at the time of the crime

People v. Martinez

462 Ill. Dec. 272 · Appellate Court of Illinois · Sep 24, 2021

Initially, defendant testified that decedent came out of nowhere, but he later admitted on cross-examination that he could clearly see the sidewalk area prior to approaching it. ¶ 39 Aside from defendant … offense, not whether he would now be convicted of the qualifying offense, and his argument should be rejected under the plain language of the statute.

Maun v. Department of Professional Regulation

Appellate Court of Illinois · Sep 3, 1998

The party chal­ lenging the statute bears the burden of "clearly establishing that the statute is unconstitutional." Rehg v. … A decision is contrary to the manifest weight of the evidence only where the opposite conclu­sion is clearly evident. Caldwell v. Department of Profes­sional Regulation , 292 Ill.

Ryan v. Beshk

339 Ill. 45 · Illinois Supreme Court · Feb 21, 1930

That this is the law in Illinois is established by many decisions. Department of Public Works v. Porter , 327 Ill. 28 ; Biwer v. Martin , 294 id. 488; Kamerer v. Kamerer , 281 id. 587; Blakeley v. … The language employed in paragraph 4 clearly purports to set up for certain individuals certain remainders.

Kohl v. Housing Auth. of City of Bloomington, Ill.

537 F. Supp. 1207 · District Court, C.D. Illinois · May 3, 1982

In other words, if a family qualifies for Section 8 housing assistance, a maximum of thirty per cent of its income will be used to pay rent. The rest is paid to the landlord by the PHA with federal funds. … It found that the regulations clearly allowed the application of eligibility criteria other than income and family composition. See also Ressler v.

Graumenz v. Fritcher

District Court, S.D. Illinois · Jul 26, 2024

The Court will dismiss the complaint if it is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant. 28 U.S.C. § 1915(e)(2)(B); see also Hoskins v. … Neither does the detained-goods exception apply, as the allegedly damaged property was never removed from the property or in the possession of law enforcement and plainly does not qualify as “detained.”

People v. Shiflet

125 Ill. App. 3d 161 · Appellate Court of Illinois · Jun 20, 1984

It is clear that the communications between defendant and his attorney or the attorney’s investigator were privileged and thus immune from compelled disclosure unless waived. (People v. … Defendant argues that affiant’s statements the exhibits were “soaked” or “covered” with blood were clearly false, thus entitling him to an evidentiary hearing regardless of whether the remaining allegations were sufficient

Illinois Central Railroad v. Haskins

115 Ill. 300 · Illinois Supreme Court · Sep 23, 1885

There was certainly a controversy upon each side as to what facts the evidence established. … of comparative negligence is as clearly within its province.

People v. Johnson

2015 IL App (1st) 123249 · Appellate Court of Illinois · Mar 17, 2015

Prosecutors are entitled to respond to comments the defense makes during closing that clearly invite a response. People v. … Counsel’s decision whether to call certain witnesses on a defendant’s behalf is a matter of trial strategy and is generally immune from claims of ineffective assistance unless counsel abandoned his role as an

Von Kettler v. Johnson

57 Ill. 109 · Illinois Supreme Court · Sep 15, 1870

D. 1866, and duly qualified as such; and afterward, on the 3d day of June, A. D. 1868, she intermarried with one John H. Von Kettler; and afterward, to wit: on the 5th day of March, A. D. 1870, one Julius K. … This is a jurisdictional fact, and should be clearly and distinctly set forth. This the defendant has not done in either of his pleas.

People v. Hammond

355 Ill. Dec. 1 · Illinois Supreme Court · Dec 1, 2011

R. 210 (Aug. 1, 2006)), that established a procedural preference for sanctions over revocation proceedings where qualifying violations are concerned. ¶ 6 BACKGROUND ¶ 7 (Issue No. 1) ¶ 8 The case presenting the first issue … Under those circumstances, the department must be able to verify and document risk factors surrounding the violation, which clearly establish that administrative sanctioning is inappropriate and that a petition to revoke

Ciacco v. City of Elgin

85 Ill. App. 3d 507 · Appellate Court of Illinois · Jun 25, 1980

While the testimony of Kyser, the plaintiffs’ expert, did clearly express the opinion that certain properties would not be benefited by the special service area, he was testifying as an expert on behalf of the plaintiffs, … and the trial court was not obligated to accept his opinion as establishing a fact.