318 results for 'court:"Illinois Appellate Court"'.
J. Lavin finds that the lower court properly found defendant, age 70, a sexually violent person and committed him to a secure facility. The record shows that defendant did not object to the state's repeated continuances, so he was not denied a speedy trial. Further, the state's Sexually Violent Person petition was timely, as it could not be filed until defendant's prison term was over. Affirmed.
Court: Illinois Appellate Court, Judge: Lavin, Filed On: December 26, 2023, Case #: 220168, Categories: Sex Offender, Commitment
J. Hyman finds that the lower court improperly denied the allegedly tortured man's petition to replace the special prosecutor appointed to investigate the claims due to a conflict of interest. The man's statement to detectives, although it did not acknowledge guilt, contained other incriminating statements and therefore qualifies as a "tortured confession." As a supervisor of the felony review unit in the Cook County State's Attorney's Office, the special prosecutor initiated the criminal prosecution of the man years ago and, in addition, failed to disclose his relationship with the detective accused of torture, warranting his removal. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: December 22, 2023, Case #: 220372, Categories: Civil Procedure, Prisoners' Rights
J. Hyman finds for the hospital in a medical malpractice suit because the patient failed to call an expert witness to establish the hospital had deviated from the standard of care when it punctured her left atrium while performing heart surgery. The deposition testimony of the two doctors involved in her surgery does not enunciate a standard of care. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: December 22, 2023, Case #: 230078, Categories: Experts, Medical Malpractice
J. Mikva finds that the lower court improperly found for the therapy practice on the basis that suicide is an independent act by the decedent that precludes liability. On the contrary, a mental health provider can be held liable when treated an outpatient clinic for a suicide that is proximately caused by the provider's failure to act within the standard of care. Reversed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: December 22, 2023, Case #: 221736, Categories: Health Care, Tort
J. Vaughan finds that the lower court properly granted the state's petition to deny defendant pretrial release after he was charged with home invasion. Defendant has a history of not appearing for court dates, tried to dig out of his cell at the county jail, and asked his girlfriend to research locations that will not extradite him. Further, he remains a threat to the people whose home he entered with a firearm threatening to kill someone. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: December 21, 2023, Case #: 230970, Categories: Assault, Bail
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J. Boie finds that the lower court properly granted the state's petition to deny defendant pretrial release based on his charged offense of armed violence. Defendant's selling of crack cocaine posed a danger to others in the community who may purchase and use those dangerous drugs, and poses a risk to others due to the inherent violent present in the drug trade. Affirmed.
Court: Illinois Appellate Court, Judge: Boie, Filed On: December 21, 2023, Case #: 230714, Categories: Drug Offender, Firearms, Bail
J. McLaren finds that the lower court properly restricted the mother's parenting time with her three children after finding that she engaged in conduct that seriously endangered the children's mental health. The mother must pay the father's attorneys fees for litigation related to this frivolous appeal. Affirmed.
Court: Illinois Appellate Court, Judge: McLaren, Filed On: December 18, 2023, Case #: 220055, Categories: Family Law, Sanctions
J. Lampkin finds that the lower court erred in denying defendant pretrial release on his charge of aggravated battery/discharge of a firearm. Defendant has no criminal record and believed his wife, who was divorcing him, had left the house when he discharged the gun. While his behavior was dangerous, even defendants accused of violent offenses are presumed eligible for pretrial release. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: December 18, 2023, Case #: 231753, Categories: Firearms, Bail
J. Van Tine finds that the lower court properly granted the state's petition for pretrial detention. The state sufficiently showed that defendant poses a real and present threat to the safety of the community given that his prior convictions, although more than seven years old, are both violent crimes. Affirmed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: December 18, 2023, Case #: 231856, Categories: Firearms, Bail
J. Oden Johnson finds that the lower court properly convicted defendant of murdering a taxi driver, and sentenced him to 39 years in prison for a crime committed at age 17. Defendant's actual innocence claim, based on a new witness affidavit, must be dismissed because the testimony does not align with the video footage of the shooting. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: December 15, 2023, Case #: 220123, Categories: Murder, Sentencing
J. Walker finds that the lower court improperly granted the landlord's motion to quash service of process. The tenant exercised reasonable diligence in its attempt to serve the landlord, and nothing in the law requires the tenant to seek out the new location of the registered agent once the agent moves from the address filed with the state. Reversed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: December 15, 2023, Case #: 220549, Categories: Civil Procedure, Landlord Tenant
J. Lampkin finds that the lower court properly upheld the state agency's subpoena issued to the capital firm's bank. The scope of the subpoena was valid and reasonably related to the state's interest in determining if the firm committed fraud by misusing investments through related-party transactions, including loans or payments to insiders. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: December 13, 2023, Case #: 230002, Categories: Agency, Discovery, Banking / Lending
J. Cates finds that the lower court properly found defendant's continued pretrial detention necessary under the Safety, Accountability, Fairness and Equity Today Act. Defendant was charged with sexual assault, and the court reasonably found he poses a real and present threat to the victim, other minors, and the community. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: December 8, 2023, Case #: 230881, Categories: Sex Offender, Bail
J. Ellis finds that the lower court improperly denied defendant's request for pretrial release after she was charged with her fourth DUI. The court must at least consider the option of SCRAM (Secure Continuous Remote Alcohol Monitor) monitoring in the mix of possible pretrial release conditions before finding defendant too dangerous to release. Vacated.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: December 8, 2023, Case #: 231801B, Categories: Bail, Dui
J. Ellis finds that the lower court properly ruled that the construction industry groups are unable to challenge the county's expenditures under previous fiscal years dating back to 2016. However, it improperly found for the county on the groups' claims that the county's spending of transportation funds in 2023 violated the Illinois Constitution. It remains unclear from the record which expenses qualified for the comptroller's list of transportation-related expenses, and whether these expenses were correctly designated as related to transportation enforcement or safety. Reversed in part.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: December 7, 2023, Case #: 231459, Categories: Constitution, Municipal Law, Transportation
J. Mitchell finds that the lower court properly denied defendant's request for pretrial release. While the bail reform measure of the Pretrial Fairness Act apply to defendant, the state showed the defendant poses a real and present real to the safety of community due to police having found him in possession of a bomb made of commercial grade fireworks. Affirmed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: December 7, 2023, Case #: 231807B, Categories: Bail
J. McBride finds that the lower court properly adjudicated the minors neglected and abused. The evidence overwhelming supported a finding of neglect, as the son could not even sit up on his own at 34 months old, so any ineffective assistance on the part of her counsel did not prejudice her case. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: December 5, 2023, Case #: 230261, Categories: Family Law
J. Oden Johnson finds that the lower court properly dismissed the retirees' claims against the city seeking additional money and guarantees of health care. In a prior appeal, this court already found that the retirees' have "no right to receive" either money or additional healthcare guarantees from the city or its four pension funds. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: December 1, 2023, Case #: 211317, Categories: Health Care, Pensions
J. Reyes finds that the lower court properly found for the insurer, finding that the White Sox are not additional insureds on the ballpark cleaning service's insurance policy. There was no written agreement between the cleaning service and the White Sox requiring the White Sox to be named as additional insured under the policy, so the White Sox are not entitled to coverage by the insurer in this trip and fall suit. Affirmed.
Court: Illinois Appellate Court, Judge: Reyes, Filed On: November 29, 2023, Case #: 230101, Categories: Insurance, Contract
J. Pucinski finds that the lower court properly denied the lender's motion to compel arbitration on counterclaims asserted by the car purchasers who defaulted on their payment obligations. The lender exercised its contractual right to litigate this dispute, and its choice to litigate extends to the purchasers' counterclaims. Affirmed.
Court: Illinois Appellate Court, Judge: Pucinski, Filed On: November 27, 2023, Case #: 221804, Categories: Arbitration, Banking / Lending, Contract
J. Mikva finds that the lower court improperly denied the pension fund's request to revive a judgment lien after seven years. A judgment creditor may record a revived judgment as a new lien on a debtor's property after the expiration of seven years. Reversed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: November 22, 2023, Case #: 230574, Categories: Debt Collection, Property
J. Van Tine finds that the lower court improperly dismissed a woman's consumer fraud claims against her dentist. The Consumer Fraud Act does not bar causes of action arising from the provision of dental services, and the woman can arguably allege that billing her to complete work on a tooth the dentist had already drilled into was dental malpractice. Reversed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: November 22, 2023, Case #: 221703, Categories: Fraud, Health Care, Consumer Law
J. Mitchell finds that the lower court abused its discretion in ordering the sale of the marital residence during the pendency of this divorce action. The sale of a marital asset prior to final dissolution is appropriate only in extraordinary circumstances, and was unnecessary in the circumstances of this case. Reversed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: November 22, 2023, Case #: 221763, Categories: Family Law
J. McHaney finds that the lower court improperly re-imposed monetary bail as a condition of defendant's pretrial release. The only way monetary bail could remain a condition of defendant's pretrial release was if defendant chose to stand on the terms of his original bond, which was set before the effective date of the Safety, Accountability, Fairness and Equity-Today Act. Reversed.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: November 21, 2023, Case #: 230723, Categories: Bail
J. McHaney finds that the lower court improperly granted the defendant's petition alleging that service of process using "drop service" in a real estate dispute was insufficient. This type of personal service can be acceptable in situations where the party to be served is unwilling to accept the paperwork. Vacated.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: November 20, 2023, Case #: 220731, Categories: Civil Procedure, Real Estate
J. Peterson finds that the lower court properly dismissed a citizen's claim alleging voter disenfranchisement during the April 2021 election for Glendale Heights village president, but improperly dismissed his claim alleging deviations from the election code. While the verification affidavits were mistakenly not filed with the original petition, the petition was filed within the 30-day time period as required by law. Reversed in part.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: November 16, 2023, Case #: 220446, Categories: Civil Procedure, Elections
J. Lampkin finds that the lower court properly found for the city in a trip and fall suit after the court refused the woman's ordinary negligence liability issue instruction. The evidence does not support a finding that the city conducted any activity on the premise that created the hole in the sidewalk, nor did the hole arise as part of the city's business. Therefore, the court correctly instructed the jury on premises liability rather than ordinary negligence. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: November 15, 2023, Case #: 221116, Categories: Jury, Negligence