322 results for 'court:"Illinois Appellate Court"'.
J. Tailor finds that the lower court properly found for the city in a Freedom of Information Act suit related to its recycling program records. There is no evidence that any of the “missing” third-party hauler reports actually exist. Rather, it appears that the city has not enforced the requirement that all third-party private haulers submit an annual report. Affirmed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: August 11, 2023, Case #: 220154, Categories: Municipal Law, Public Record
J. Coghlan finds that the lower court improperly dismissed defendant's successive post-conviction petition when defendant's power of attorney, his wife, lacked the authority to institute a legal action on behalf of anyone other than herself because she is not an attorney. Vacated.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: August 11, 2023, Case #: 220032, Categories: Criminal Procedure
J. McDade finds that the lower court properly found that the parties pre-nuptial agreement was unenforceable insofar as it waived the husband's maintenance obligations. However, it erred in finding that the husband's house was owned by the parties as tenants in common, so the wife is not entitled to additional equity from the home. Affirmed in part.
Court: Illinois Appellate Court, Judge: McDade, Filed On: August 11, 2023, Case #: 200195, Categories: Family Law
J. Tailor finds that the lower court improperly convicted defendant of murder of her five-month-old daughter under a theory of accountability. The judge erred by relying on her own understanding of domestic violence. A reasonable jury could find the mother not liable based on the boyfriend's history of domestic violence, which caused her to fear he would do her great bodily harm if she intervened to protect the child. Reversed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: August 11, 2023, Case #: 160498, Categories: Murder, Domestic Violence
J. Kennedy finds that the lower court properly dismissed defendant's pro se petition challenging a subsection of the child pornography statute that provides possession of child pornography must be voluntary as unconstitutionally vague. The computer's retention of a file does not constitute the totality of the crime, but is merely evidence of a crime. A person may take steps to delete the file, which may also be evidence that the file was possessed involuntarily. Affirmed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: August 9, 2023, Case #: 200744, Categories: Constitution, Child Pornography
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J. Van Tine finds that the lower court properly found for the insurer in a dispute over attorneys fees. The driver may not seek attorney fees because she did not prevail on any underlying claim based on her policy, as she released all policy-based claims pursuant to a settlement agreement. Affirmed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: August 9, 2023, Case #: 220853, Categories: Attorney Fees, Contract
J. Vaughan finds that the lower court improperly found the father an abuser and unfit to parent his daughter. The state presented DVD evidence at a dispositional hearing to show the father was an abuser, but allowed the dismissal of all charges of abuse against him at the adjudicatory hearing, where the DVD was inadmissible. Evidence inadmissible at an adjudicatory hearing may not be used to revive previously dismissed allegations at a dispositional hearing. Vacated.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: August 8, 2023, Case #: 230138, Categories: Family Law
J. Howse finds that the lower court properly found for the Arby's owner, finding that workers compensation is the exclusive remedy in this case stemming from an employee's murder of his co-worker with a kitchen knife. It is unclear what motivated the employee to stab his co-worker 27 times, but it is unlikely that the dispute was purely personal, unrelated to their work. Affirmed.
Court: Illinois Appellate Court, Judge: Howse, Filed On: August 8, 2023, Case #: 220742, Categories: Wrongful Death, Workers' Compensation
J. Ellis finds that the lower court properly convicted defendant of a DUI that fatally killed a person on the side of the road who was pushing their disabled car. Defendant also clearly obstructed justice by throwing a bottle of vodka out of his car when he thought no one was looking. Affirmed.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: August 8, 2023, Case #: 210875, Categories: Obstruction, Dui
J. Albrecht finds that the appeal of a defendant's $15,000 restitution amount must be dismissed. While the restitution amount presented by the state lacked supporting evidence, he did not comply with the requirements for negotiated pleas to file a motion to withdraw before the imposition of restitution.
Court: Illinois Appellate Court, Judge: Albrecht, Filed On: August 7, 2023, Case #: 220400, Categories: Theft, Restitution
J. McBride finds that the lower court properly found the mother neglected her daughters due to an injurious environment. The state was not required to prove all of the minors' allegations regarding physical abuse in the home for the court to conclude that they were neglected. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: August 2, 2023, Case #: 230006, Categories: Family Law
J. Moore finds that the lower court improperly dismissed the children's' citation to recover assets against their father's widow. The children adequately allege their father's widow converted his assets into her own while he was still alive, but while he was totally dependent on her, reducing the estate from $3 million to only $200,000. Reversed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: August 1, 2023, Case #: 220630, Categories: Wills / Probate
J. Coghlan finds that the lower court properly convicted defendant of felony driving while his license was revoked and was sentenced to 18 months in prison. The admission of a certified copy of his driving abstract did not deny defendant his constiturional right to confrontation. Affirmed.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: July 31, 2023, Case #: 220524, Categories: Confrontation, Vehicle
J. Mitchell reverses a circuit court ruling in favor of the Illinois Gaming Board. The lower court erred in dismissing the casino’s complaint that alleged violations of state gambling laws denied owners of the gaming hall the right to compete in a lawful certification process. Reversed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: July 28, 2023, Case #: 22-0883, Categories: Government, Licensing, Injunction
J. Brennan finds that defendant was properly convicted of second-degree murder in the shooting death of the male driver of a van stopped in the next lane at a red light, but improperly convicted of attempted first-degree murder of the female passenger wounded in the incident. Simply put, the jury’s finding that defendant believed in the need for self-defense is a factual determination that precludes a finding of guilt for attempted first-degree murder. Reversed.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: July 26, 2023, Case #: 210423, Categories: Firearms, Murder, Vehicle
J. Schostok affirms the no-jury trial court’s conviction of defendant on three counts of child abduction, arising from his repeated refusals to return his two daughters to their mother in Illinois in violation of a court order requiring him to return them “immediately.” The trial court had "a superior ability to observe the parties' demeanors as they testified" and believed the mother's account of events over the father's account. The evidence will not be reweighed. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: July 26, 2023, Case #: 220190, Categories: Evidence, Ineffective Assistance, Child Victims
J. Smith finds that the trial court properly ruled to relocate a separated couple’s minor children from their father’s residence in Cook County, Illinois, to their mother’s residence in Colorado Springs, Colorado. “There is no perfect solution inherent in relocation cases, which are markedly difficult, no matter the outcome. But the court’s decision here was a perfectly reasonable one based on the record.” Affirmed.
Court: Illinois Appellate Court, Judge: Smith, Filed On: July 25, 2023, Case #: 221558, Categories: Family Law
J. Mikva finds that Sears' insurance broker cannot be held liable for Sears' alleged breach of contract with a mall in Puerto Rico that was damaged by Hurricane Maria in 2017. The mall claims it was forced to pay $20 million to make repairs, despite its clear right to require Sears' insurance to pay for the repairs. However, there is no evidence the insurance broker was aware of Sears' obligations under the lease agreement or was actively advising Sears during the period in question as to compliance with the terms of the lease. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: July 21, 2023, Case #: 221352, Categories: Insurance, Contract
J. Lannerd finds that the lower court properly convicted defendant of being an armed habitual criminal. Defendant's requests for jury instructions on self-defense and necessity were properly rejected because there is no evidence in the record to support these defenses. Affirmed.
Court: Illinois Appellate Court, Judge: Lannerd, Filed On: July 21, 2023, Case #: 220381, Categories: Firearms
J. Hutchinson finds that the lower court properly convicted defendant of domestic battery for strangulating his girlfriend. The evidence was sufficient for a jury to find that defendant exerted enough pressure on his girlfriend's throat to impede her breathing. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: July 18, 2023, Case #: 220128, Categories: Domestic Violence
J. Brennan finds that the lower court properly denied the disabled firefighter's application for the payment of his health insurance premiums. The hearing officer did not revisit the pension board's finding that the firefighter suffered a catastrophic injury. Rather, he determined that the injury - slipping on ice - did not arise out of the firefighter's essential duties. Affirmed.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: July 14, 2023, Case #: 220365, Categories: Administrative Law, Pensions
J. Jorgensen finds that the lower court improperly found for the tax board in an appeal of a 2018 real estate tax assessment on a property in Highland Park, a Chicago suburb. The property owners' withdrawal of their appeal before the tax board did not foreclose them from pursuing another available appeal option, a filing in the circuit court.
Court: Illinois Appellate Court, Judge: Jorgensen, Filed On: July 14, 2023, Case #: 220242, Categories: Civil Procedure, Tax
[Consolidated.] J. Steigmann finds that the lower court properly instructed the jury on the issue of disfigurement in this medical negligence suit stemming from a woman's seven-year coma and eventual death following gastric bypass surgery. However, the court erred by reducing the estate's judgment because medical expenses that have been written off by health care providers do not qualify for reduction. Reversed in part.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: July 14, 2023, Case #: 220643, Categories: Jury, Damages, Medical Malpractice
J. Peterson finds that the lower court properly convicted defendant of aggravated driving under the influence. His speedy trial rights were not violated by the state's filing of additional felony charges stemming from the same incident a year after the initial indictment. The 160-day speedy trial period is available to defendants released on bail only if they make a demand for a trial, and defendant never made a demand. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: July 12, 2023, Case #: 220055, Categories: Dui, Speedy Trial
J. Schostok finds that the lower court properly convicted defendant of domestic battery after barring him from introducing evidence of the victim's mental health as it related to her credibility. The court correctly sustained the state's objection to questions about whether the victim's lithium prescription acted as a mood stabilizer, and whether she had been diagnosed with bipolar disorder, as those questions do not relate to the victim's ability to perceive reality. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: July 7, 2023, Case #: 210110, Categories: Domestic Violence
J. Schostok finds that the lower court properly denied defendant's request to file a successive post-conviction petition challenging his sentence to life without parole for a murder committed at age 18. The legislature later made it illegal to deny any chance of parole to offenders under the age of 22, but the law does not apply retroactively. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: July 7, 2023, Case #: 210312, Categories: Habeas, Murder
J. Ellis finds the trial court improperly convicted defendant for aggravated domestic battery for breaking his girlfriend's nose. The court prohibited reference to and excluded video evidence which defendant claimed showed his girlfriend's propensity for violence, resulting in his need to defend himself. The video was excluded because the depicted event occurred after that which is the basis for the charges. The video was improperly excluded because it was illustrative of the girlfriend's propensity to commit violence and may have bolstered defendant's claim that she was the initial aggressor. Reversed.
Court: Illinois Appellate Court, Judge: Ellis , Filed On: June 30, 2023, Case #: 1-19-2479, Categories: Evidence, Battery, Domestic Violence
J. Walker finds the circuit court properly granted summary judgment to the UK tailor's shop in this suit brought by the state of Illinois alleging the shop knowingly failed to collect and remit taxes as to special order clothing made in the UK but sold in Illinois. The relator failed to show that the tailor's shop acted with reckless disregard or that it submitted a false record to the state as required to establish a violation under the Illinois False Claims Act. Affirmed.
Court: Illinois Appellate Court, Judge: Walker , Filed On: June 30, 2023, Case #: 1-22-0195, Categories: Tax, False Claims
J. Johnson finds the county court properly dismissed the beneficiary's complaint to modify his irrevocable trust. The various proposed modifications, such as deleting provisions for gifts on his death and simply terminating the trust are inconsistent with the trust's material purposes, namely the maximizing of resources to help petitioner become self-sufficient. The modifications are also not consistent with purposes as to the trustee, which center upon the use of assets for trust purposes, including assisting petitioner with limited amounts for various purposes such as business and medical expenses. Affirmed.
Court: Illinois Appellate Court, Judge: Johnson , Filed On: June 30, 2023, Case #: 1-22-1120, Categories: Trusts, Wills / Probate, Contract
J. Mikva finds the sentencing court improperly sentenced defendant to 100 years in prison for a murder committed when he was 16 years old. After the United States Supreme Court held that mandatory life sentences without parole for juvenile offenders violate the eighth amendment, the case was remanded, and the same de facto life sentence of 100-years was imposed. The judge was predisposed on remand to impose the same sentence, failing to give fair consideration to youth-based sentencing factors or to the full range of sentences now available under the new sentencing scheme for juveniles. Reversed and remanded with directions.
Court: Illinois Appellate Court, Judge: Mikva , Filed On: June 30, 2023, Case #: 1-22-0035, Categories: Juvenile Law, Murder, Sentencing