318 results for 'court:"Illinois Appellate Court"'.
J. Steigmann finds that the Board properly entered a final order for a set of state-wide standards regulating the storage and disposal of coal ash in surface impoundments, rejecting several energy companies' objections. The Board did not act arbitrarily by adopting a requirement for monthly groundwater monitoring, and by requiring an operator who elects to close an impoundment to remove containment system components such as the impoundment liner and contaminated subsoils. Affirmed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: March 14, 2024, Case #: 210304, Categories: Administrative Law, Energy, Environment
J. Birkett finds that the lower court properly convicted defendant of criminal sexual assault of his stepdaughter. Defendant cannot blame the trial court for his counsel's decision not to play the victim's full interview for the jury when he had the opportunity to do so. Further, it was a reasonable trial strategy not to present this evidence to the jury because it might have generated additional sympathy for her in the eyes of the jury. Affirmed.
Court: Illinois Appellate Court, Judge: Per curiam, Filed On: March 13, 2024, Case #: 230125, Categories: Evidence, Sex Offender
J. Davenport dismisses the wife's petition for leave to appeal the lower court's denial of her request to transfer a post-dissolution proceeding from Will County to Grundy County. The appeal is untimely, as her motion to reconsider before the lower court did not toll the 30-day deadline to appeal.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: March 13, 2024, Case #: 240103, Categories: Civil Procedure, Family Law
J. Hyman finds that the lower court properly found the doctor guilty of medical malpractice by failing to properly intubate a patient, causing permanent brain damage. The court correctly instructed the jury that it needed to unanimously find the doctor was negligent, but did not need to be unanimous as to which one of his acts constituted the negligence. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 8, 2024, Case #: 230134, Categories: Jury, Medical Malpractice
J. Hettel finds that the village's appeal of the lower court's decision to suppress evidence of a man's field sobriety test must be dismissed for lack of jurisdiction. The village does not have a right to appeal because it charged defendant with violating a local ordinance, not with a violation of the vehicle code.
Court: Illinois Appellate Court, Judge: Hettel, Filed On: March 7, 2024, Case #: 230002, Categories: Evidence, Municipal Law
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J. McDade finds that the lower court properly rejected the husband's petition to terminate his monthly payments to his ex-wife. There is no merit to the husband's claim that the court's original 1992 order was void because it lacked jurisdiction to divide his federal benefits. Affirmed.
Court: Illinois Appellate Court, Judge: McDade, Filed On: March 7, 2024, Case #: 220125, Categories: Family Law
J. Mitchell finds that the lower court improperly enjoined the Board of Elections from counting and reporting votes related to the "Bring Chicago Home" referendum on the March 19, 2024 ballot, which relates to the creation of a graduated transfer tax on Chicago real estate. The complaint challenging the proposed initiative is premature, and the lower court erred by interfering with the legislative process. Reversed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: March 6, 2024, Case #: 240417, Categories: Elections, Real Estate, Tax
J. McHaney finds that the lower court improperly convicted defendant of aggravated battery without providing him a preliminary hearing or indicting him by grand jury. Therefore, there was no probable cause determination on the charges he faced as required by the Illinois Constitution. Reversed.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: March 5, 2024, Case #: 220492, Categories: Constitution, Battery, Due Process
J. Van Tine finds that the lower court properly granted the state's petition to deny defendant pretrial release on charges of being an armed habitual criminal and reckless discharge of a weapon after firing a revolver at people at a gas station. The court reasonably found that defendant's conduct shows he poses a threat to the community and that even electronic monitoring would mitigate that threat. Affirmed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: March 1, 2024, Case #: 232453, Categories: Firearms, Bail
J. Hyman finds that the lower court improperly found the crime-fraud exception to attorney-client privilege applicable to alleged defamatory conduct by attorneys in this suit where a law firm published the results of its investigation into its client's financial governance, finding that its former pastor had misappropriated church resources to fund an extravagant lifestyle. The pastor presented no evidence showing the church sought advice from its attorneys with the intent to defame him, and extending the crime-fraud exception to this kind of claim would risk deterring clients from seeking legal advice. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 1, 2024, Case #: 230089, Categories: Fraud, Privilege, Legal Malpractice
J. Cates finds that the lower court properly convicted defendant of attempted murder, after defendant knowingly and voluntarily waived his right to counsel. There were no significant changes during the trial that required re-admonishments of the risks of proceeding pro se. Further, defendant forfeited the issue of whether the state made improper remarks during closing arguments. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: March 1, 2024, Case #: 220008, Categories: Murder, Prosecutorial Misconduct, Self Representation
[Consolidated.] J. Rochford finds that the lower court improperly found for Motorola on negligence claims stemming from the plaintiffs' fathers' exposure to reproductively toxic chemicals at their employment, allegedly causing their children to be born with severe birth defects. There is a genuine issue of fact as to whether Motorola's health policy actually increased its employees' risk of child birth defects, as well as the feasibility of the plaintiffs' expert's proposed recommendations as to how the company should guard against injuries to its workers' unborn children. Reversed.
Court: Illinois Appellate Court, Judge: Rochford, Filed On: February 29, 2024, Case #: 220884, Categories: Employment, Tort, Negligence
J. Hoffman finds that the tax tribunal properly determined that the aviation supplier was not entitled to a sales tax exemption for property temporarily store in-state before being transported and used out-of-state. The supplier's customers' purchases of aviation fuel were partially consumed in Illinois. Affirmed.
Court: Illinois Appellate Court, Judge: Hoffman, Filed On: February 29, 2024, Case #: 230072, Categories: Tax
J. Zenoff finds that the lower court improperly granted the state's petition to revoke defendant's pretrial release conditions based on his arrest for meth possession. The state's petition to revoke defendant's probation did not allege that defendant committed a new criminal offense, so defendant was entitled to pretrial release pending the hearing on this petition. Vacated.
Court: Illinois Appellate Court, Judge: Zenoff, Filed On: February 28, 2024, Case #: 231524, Categories: Drug Offender, Bail
J. McBride finds that the lower court properly terminated the father's parental rights to his son. The father failed to maintain a reasonable degree of interest in the child's welfare or make progress toward reunification, while the child's foster family wishes to adopt him. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: February 27, 2024, Case #: 231530, Categories: Family Law
J. Brennan finds that the lower court improperly granted the state's untimely petition to deny defendant pretrial release on drug charges. The state's petition was due 21 days after defendant's arrest, but it was not filed until 51 days later. Vacated.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: February 26, 2024, Case #: 230728, Categories: Drug Offender, Bail
J. Doherty finds that the lower court improperly convicted defendant of possession of cannabis plants and possession of meth after denying his motion for a Franks evidentiary hearing. Defendant sufficiently showed that the affidavit supporting the application for a search warrant for his home contained facts shown to be false, and those facts were necessary to establish probable cause for the search. Reversed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: February 26, 2024, Case #: 221109, Categories: Drug Offender, Search
J. Tailor finds that the lower court improperly granted the mother's petition on behalf of her daughter for an order of protection against the father on the basis of alleged sexual abuse. The trial court's decision to question the 18-year-old girl in camera about her preference regarding allocation of parental responsibility violated the father's due process rights, as he was prevented from challenging her credibility through cross-examination. Reversed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: February 23, 2024, Case #: 230935, Categories: Family Law, Due Process
J. Mullen finds that the lower court improperly denied the defendant's motion for pretrial release after being charged with a probation violation for unlawful use of a weapon. The alleged violation is not a detainable offense, so he is entitled to pretrial release pending his hearing on the state's petition to revoke his probation. Reversed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: February 22, 2024, Case #: 230512, Categories: Probation, Bail, Weapons
J. Cates finds that the lower court properly found for the doctor in a medical malpractice suit stemming from a patient's death. The court did not err in allowing the defense expert to opine regarding other possible causes of the patient's death. His testimony that the patient could have died of stroke was based upon the patient's medical history and not mere speculation. Further, it correctly refused to admit the patient's death certificate into evidence as the cause of death listed on the certificate was an opinion of the coroner, but not based on any postmortem examination. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: February 20, 2024, Case #: 220552, Categories: Experts, Wrongful Death, Medical Malpractice
J. Hutchinson finds that the lower court properly revoked defendant's pretrial release on charges of attempted aggravated assault. Defendant was released on the condition he not commit any additional offenses, and was charged with an additional violent offense for punching a minor only 12 days later. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: February 15, 2024, Case #: 230504, Categories: Assault, Bail
J. Lampkin finds that the lower court properly denied the law firm's motion to dismiss on the basis of forum non conveniens. The international law firm is based in Chicago, and there is no basis for finding that London is a more appropriate forum when England has no greater interest in applying Russian law than Cook County, and none of the alleged malpractice took place in London. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: February 14, 2024, Case #: 230095, Categories: International Law, Jurisdiction
J. Pucinski finds that the lower court properly denied the tax purchaser's petition for a tax dead. The purchaser failed to obtain leave of court for an extension of its redemption period or to diligently serve an interested party entitled to notice. Affirmed.
Court: Illinois Appellate Court, Judge: Pucinski, Filed On: February 13, 2024, Case #: 220670, Categories: Property, Tax
J. Coghlan finds that the lower court properly convicted defendant of unlawful use of a weapon for possessing a short-barreled shotgun. Unlike handguns, short-barreled shotguns are not considered a class of weapons used for self defense and they are regulated precisely because they are concealable and not typically possessed for lawful purposes. Therefore, his conviction does not violate the Second Amendment. Affirmed.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: February 13, 2024, Case #: 221455, Categories: Constitution, Firearms
J. Fitzgerald Smith finds that the lower court properly entered judgment in favor of the family in a wrongful death suit, awarding them $42.5 million against the hospital after it failed to prevent a patient's baclofen withdrawal, despite being well-informed of his need for the drug ahead of his surgery. The jury reasonably found that a complete breakdown of communication between hospital departments led to to his organ failure from not receiving the drug he needed for his muscle spasms. Affirmed.
Court: Illinois Appellate Court, Judge: Fitzgerald Smith, Filed On: February 13, 2024, Case #: 230355, Categories: Damages, Wrongful Death
J. Oden Johnson finds that the lower court properly vacated a prior judgment in this family estate dispute, finding that the intervenors were necessary parties. The record shows there was no effort to notify the intervenors of the existence of the case prior to October 2021, which was the date judgment was entered for the son. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: February 9, 2024, Case #: 221667, Categories: Wills / Probate
J. Hyman improperly convicted defendant of being an armed habitual criminal based on video surveillance evidence. The scant evidence shown in the videos does not establish probable cause to search defendant's car. This case is remanded to give defendant an opportunity to litigate a motion to suppress. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: February 9, 2024, Case #: 220830, Categories: Evidence, Firearms, Search
J. Mikva finds that the board properly determined the firefighter is not entitled to a non-duty disability pension. The firefighter had less than seven years of creditable service with his last pension fund, so he is not entitled to a non-duty disability pension. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: February 9, 2024, Case #: 230565, Categories: Pensions
J. Lampkin finds that the lower court properly denied defendant pretrial release on charges of armed violence and unlawful use of a weapon by a felon. There is strong evidence supporting the state's case that defendant threatened his landlord with a gun while in possession of crack cocaine. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: February 8, 2024, Case #: 232336, Categories: Firearms, Bail