318 results for 'court:"Illinois Appellate Court"'.
J. Walker finds that the lower court properly found the pension fund correctly terminated the firefighter's pension benefits following his guilty plea to various federal crimes. The law permits the fund to file a new action, as it did here, to divest a member of his pension benefit award upon a conviction for a service-related felony without the need to retain jurisdiction upon the granting of the initial award. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 8, 2024, Case #: 231311, Categories: Administrative Law, Pensions, Jurisdiction
J. Vaughan finds that the lower court improperly denied the state's petition to deny defendant pretrial release on charges of unlawful possession of a stolen vehicle. The defendant fled from police in the stolen vehicle, driving over spike strips and into oncoming traffic, hitting another car in a head-on collision before stopping. The state was not required to prove defendant was willing to use force necessary to cause great bodily harm. Reversed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: May 8, 2024, Case #: 240231, Categories: Bail, Vehicle
J. McHaney finds that the lower court properly convicted defendant of home invasion and aggravated battery. The state sufficiently proved that defendant, the victim's ex-husband, was not authorized to enter the home when he came in with a baseball bat and attacked his ex-wife and her new boyfriend. The jury was in the best position to judge the credibility of the witnesses on this issue. Affirmed.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: May 8, 2024, Case #: 220296, Categories: Assault, Trespass
J. McBride finds that the lower court properly found for the police department on an officer's challenge to his termination seeking $1 million in back pay. The officer lied about his spinal injury, maintaining he could not drive while taking a second job requiring him to drive hundreds of miles and falsely claiming he had submitted secondary employment authorization forms to the department. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: May 7, 2024, Case #: 230256, Categories: Administrative Law, Employment
J. Davenport finds that the lower court properly ordered defendant committed as a sexually violent person. It is not apparent from the record that defendant is no longer a sexually violent person, notwithstanding his age, and this court may not reweigh the evidence. Affirmed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: May 7, 2024, Case #: 230334, Categories: Sex Offender, Commitment
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J. Harris finds that the lower court properly awarded the woman $316,000 in damages after the man disseminated a sex tape, including her full name and her city and state, without her consent. Expert testimony is not required for a jury to find the woman was significantly affected by having a sexually explicit video of her posted online where it was viewed over 50,000 times. Further, punitive damages are warranted even if the video was recorded with the woman's consent, because the evidence shows the man acted willfully and in retaliation for the woman breaking off the relationship. Affirmed.
Court: Illinois Appellate Court, Judge: Harris, Filed On: May 7, 2024, Case #: 230585, Categories: Tort, Damages, Technology
J. Walker finds that the lower court improperly dismissed defendant's post-conviction petition alleging ineffective assistance of counsel. The record is insufficient as to counsel's actions in obtaining any excuse for his delay in filing the postconviction petition. Reversed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 3, 2024, Case #: 221644, Categories: Ineffective Assistance, Arson
J. Walker finds that the lower court properly granted the state's petition for pretrial detention of defendant on charges of unlawful possession of a weapon by a felon. Defendant was on parole for armed robbery when he was caught in possession of a loaded firearm in violation of the terms of his parole. Having disregarded the conditions of his release, the court reasonably found defendant could be a danger to the public. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 3, 2024, Case #: 240154, Categories: Firearms, Robbery, Bail
J. Lyle finds that the lower court properly denied the plaintiff driver's request for statutory costs and but improperly denied her prejudgment interest as the prevailing party in an arbitration proceeding stemming from a motor vehicle suit. The driver did not request costs in her litigation papers, which is a required step even before the arbitrator designated her as the prevailing party. However, as the assessment of interest does not qualify as "damages," the driver is still entitled to this money without having made a prior request to the arbitrator. Reversed in part.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: May 3, 2024, Case #: 230079, Categories: Arbitration, Vehicle, Damages
J. Navarro finds that the lower court improperly ordered defendant detained while awaiting trial on armed robbery charges. The prosecutor failed to tender the police report from defendant's prior aggravated unlawful use of a weapon case to defense counsel so defendant is entitled to a new bail hearing. Reversed.
Court: Illinois Appellate Court, Judge: Navarro, Filed On: May 1, 2024, Case #: 240299, Categories: Robbery, Bail
J. Lampkin finds that the lower court properly denied defendant's request for pretrial release on child pornography charges. Defendant repeatedly victimized vulnerable children within the privacy of his own home, and the court reasonably determined it could not effectively impose a "no internet" condition if defendant were released on bail. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: May 1, 2024, Case #: 240422, Categories: Bail, Child Pornography
J. Schostok finds that the lower court properly granted the state's petition to deny defendant pretrial release on charges of aggravated unlawful use of a weapon. The firearm, gun parts, and ammunition found at defendant's house sufficiently show that he posed a danger to the community and no condition of release could mitigate that risk. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: April 30, 2024, Case #: 240077, Categories: Firearms, Bail
J. Pucinski finds that the lower court properly dismissed the estate's suit challenging a former correctional officer's termination for punching an inmate in the face. In order to challenge that hearing board's decision based on an alleged illegal composition of the board, the officer was required to assert his challenge while his case was still pending. Affirmed.
Court: Illinois Appellate Court, Judge: Pucinski, Filed On: April 29, 2024, Case #: 221088, Categories: Administrative Law, Civil Procedure
J. Doherty finds that the lower court properly denied defendant pretrial release on charges of unlawful possession of a weapon by a felon based on his threats to kill his girlfriend. While electronic monitoring could alert law enforcement if he violated a home confinement restriction, it would not provide the girlfriend any protection if defendant wanted to make good on his threat. Affirmed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: April 29, 2024, Case #: 240248, Categories: Firearms, Bail, Domestic Violence
J. Albrecht finds that the lower court properly denied defendant pretrial release on charges of aggravated battery and armed robbery. Defendant planned to commit the robbery, and text messages indicated his pride in having shot his victim. The court reasonably found that no conditions would mitigate the threat defendant posed to the community. Affirmed.
Court: Illinois Appellate Court, Judge: Albrecht, Filed On: April 29, 2024, Case #: 240046, Categories: Firearms, Robbery, Bail
J. Walker finds that the lower court improperly denied the foster parents' motion to stay the change of placement of two child in their care. The foster parents were not given a chance to address the court at a second hearing on the children's placement before the court ordered the children removed from the foster home where they had lived for the last five years. Reversed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: April 26, 2024, Case #: 231670, Categories: Family Law
J. Lampkin finds that the lower court improperly granted the state's motion to detain defendant pending trial on charges of armed violence and possession of a controlled substance, followed by new charges of domestic violence committed while he was on bail. The state's petition was untimely, as it was not filed within 21 days of defendant's arrest. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: April 25, 2024, Case #: 232351, Categories: Bail
J. Zenoff finds that the lower court properly granted the state's petition to detain defendant before trial on charges of murder and possession of a firearm by a felon. Defendant is charged with multiple offenses, and the trial court did not err in finding the presumption great that he committed the charged offenses. Affirmed.
Court: Illinois Appellate Court, Judge: Zenoff, Filed On: April 24, 2024, Case #: 240187, Categories: Murder, Bail
J. Lampkin finds that the lower court properly dismissed an attorney's First Amendment challenge to a village ordinance requiring public comments of special village board meetings to be germane to agenda items. This relevancy restriction on council meetings is reasonable, even though it is content based, in light of the purpose of board meetings to effectively conduct business of specified matters and ensure citizens have the time to present their views. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: April 24, 2024, Case #: 230139, Categories: Municipal Law, First Amendment
J. Hutchinson finds that the lower court properly ordered defendant detained prior to trial on charges of aggravated DUI as a danger to the community. Defendant is responsible for the death of a mother and infant in a car accident, and never turned himself in on the warrant for his arrest until he was arrested on unrelated drug charges. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: April 22, 2024, Case #: 230489, Categories: Bail, Dui
J. Coghlan finds that the lower court properly granted the fiancée $176,000 after her estranged fiancé took her engagement ring then returned it after replacing the diamond with a synthetic diamond. The fiancée qualifies as an innocent insured under the policy on the ring because the contract does not contain a clear statement that it is void as to all insureds in the event of wrongdoing by one of the insureds. Affirmed.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: April 22, 2024, Case #: 230224, Categories: Insurance, Contract
J. lyle finds that the lower court properly found for the insurer, ruling it does not have a duty to indemnify the food manufacturer in an underlying detinue and conversion suit alleging it wrongly seized another company's manufacturing equipment and refused to return it. The complaint alleges that this conduct was intentionally and done without legal authority, leaving no possibility it was accidental or negligent. Further, the policy does not provide coverage for the tortious interference claims because these claims do not rely on the manufacturer's alleged disparagement of the company to a rival. Affirmed.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: April 19, 2024, Case #: 221396, Categories: Tort, Business Practices, Indemnification
J. Peterson finds that the lower court properly denied defendant's petition for a certificate of innocence on two aggravated unlawful use of a weapon convictions which were vacated as unconstitutional. Defendant has not attempted to show he was innocent of the nol-prossed charges pursuant to a negotiated plea agreement, so he does not qualify for a certificate of innocence. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: April 19, 2024, Case #: 210414, Categories: Criminal Procedure, Weapons
J. Davenport finds that the lower court improperly convicted defendant on two charges of unlawful use of a weapon by a felon, but properly convicted him of being an armed habitual criminal. The state provided beyond a reasonable doubt that he possessed a firearm, but the multiple convictions violate the one-act, one-crime doctrine. Reversed in part.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: April 19, 2024, Case #: 230113, Categories: Firearms
J. Peterson finds that the lower court properly granted the state's three petitions to deny defendant pretrial release on multiple drug charges. The record shows that defendant was charged with new criminal offenses while on probation for other charges, indicating he was at high risk of reoffending. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: April 17, 2024, Case #: 230782, Categories: Drug Offender, Bail
J. Mullen finds that the lower court properly affirmed the workers' compensation commission's decision denying the worker's claim for additional injuries after originally awarded him permanent partial disability benefits of $609 per week for 41 weeks. The commission reasonably relied on medical expert testimony that there is way that the worker's ankle injury would cause arthritis in his knee and hip. Affirmed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: April 15, 2024, Case #: 230180WC, Categories: Agency, Workers' Compensation
J. Mullen finds that the lower court properly found the deceased's partner was not his valid spouse, as they were never legally married despite having a marriage ceremony because the deceased was a ward and lacked the capacity to consent to the marriage. Illinois does not recognize common law marriage, and the woman raised her putative-spouse claim more than two years after the man's death, leaving them barred by the Probate Act. Affirmed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: April 15, 2024, Case #: 230195, Categories: Family Law, Wills / Probate
J. Doherty finds that the lower court properly denied defendant pretrial release on domestic violence charges. The state presented evidence of defendant's past violent misconduct while on probation in support of its position that no set of conditions could make it safe for the victim to allow defendant's release on bail. The court was not required to address defendant's recent diagnosis of bipolar disorder when making its decision. Affirmed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: April 12, 2024, Case #: 240103, Categories: Bail, Domestic Violence
J. Cobbs finds that the lower court properly revoked defendant's pretrial release on misdemeanor charges of endangering the life of a child. Defendant got drunk while taking care of his child, allowing the child to get hold of a loaded gun and shoot himself in the foot. Then, while on pretrial release, he lied to officers about whether he had a gun when police responded to a domestic disturbance call. The court reasonably found that no condition of release such as electronic monitoring would prevent defendant from getting another gun. Affirmed.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: April 11, 2024, Case #: 240211, Categories: Firearms, Bail
J. Holdridge finds that the lower court properly denied defendant's request for pretrial release on attempted murder and battery charges. Defendant attacked his victim with a knife and stabbed him multiple times. While defendant was prescribed antipsychotic medicine after his arrest, he told the court he was not taking his medication, indicating that he was unlikely to follow conditions placed on him by the court and remained a threat to his victim. Affirmed.
Court: Illinois Appellate Court, Judge: Holdridge, Filed On: April 11, 2024, Case #: 230791, Categories: Murder, Bail