314 results for 'court:"Illinois Appellate Court"'.
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
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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
J. Brennan finds that the lower court properly found for the bank in a suit filed by two debtors seeking to reclaim an interest in their foreclosed home after it was sold to another couple. The record shows the debtors knew about the foreclosure proceedings prior to filing their bankruptcy petition but did not disclose that property as an asset at that time. Therefore, they clearly knew about the property's sale, which bars their current claim that they were never properly served. Affirmed.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: April 10, 2024, Case #: 230253, Categories: Foreclosure
J. Hyman finds that this appeal challenging a provision permitting the trial court to impose jail time as a sanction for violation of a pretrial condition of release must be dismissed for lack of jurisdiction. Defendant argues she should be given credit against her future prison sentence, if convicted, for this jail time. However, she filed her petition as an appeal from an order denying pretrial release, and cannot explain how the denial of jail time credit fits within this category.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: April 10, 2024, Case #: 240031, Categories: Criminal Procedure, Bail
J. Vaughan finds that the lower court properly revoked defendant's pretrial release based on his arrest for disorderly conduct while on release. The record shows that defendant has repeatedly been charged with domestic violence against family members, who are unable to control his mental health or substance abuse issues, and these incidents are escalating in severity making him a danger to others when released. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: April 9, 2024, Case #: 240120, Categories: Bail, Domestic Violence
J. Kennedy finds that the lower court improperly found for the restaurant on a man's negligence claim alleging it failed to provide adequate protective barrier to prevent cars from crashing into the restaurant. The man was injured when another patron drove her car into a parking space and continued through the wall into the restaurant. This kind of vehicle crash was reasonably foreseeable and a jury would not need an expert to explain that providing parking elsewhere besides directly in front of the restaurant would have avoided the accident. Reversed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: April 9, 2024, Case #: 230026, Categories: Vehicle, Negligence, Experts
J. Albrecht finds that the lower court improperly found for the brokerage firm in a dispute over commissions it failed to pay to two real estate brokers. The brokers earned their commission when they procured fully executed contracts, all of which were "during the term" of their employment agreement. Reversed.
Court: Illinois Appellate Court, Judge: Albrecht, Filed On: April 9, 2024, Case #: 220405, Categories: Employment, Contract
J. Cates finds the lower court properly found in favor of an attorney in this matter of legal malpractice and properly denied a property owner’s motion for judgment notwithstanding the evidence. The property owner retained the attorney for guidance related to a proposed real estate development project. The attorney testified that he told the property owner that he did not believe developing the property on his own was a wise business venture, and that he explained the pros and cons of incorporating the project to limit the property owner’s exposure to liability. But the property owner says he was never advised on incorporation or on a pipeline easement that ran through the property, as supported by evidence, that the court should enter a judgment in his favor, and that he should be granted a new trial for damages. The instant court finds that the evidence presented was subject to interpretation, and will not second guess the findings of the jury. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: April 8, 2024, Case #: 220818, Categories: Real Estate, Negligence, Legal Malpractice
J. Smith finds the lower court properly denied an estate administrator’s motion seeking judgment, costs, and interest against a nursing home and ambulance company in an associated wrongful death matter. The estate administrator argues that more than 30 days had passed since the settlement was approved, but the nursing home and ambulance company had yet to pay. The lower court found it necessary for the probate court to get involved and secure the distribution of the settlement so it could be accounted for, but the estate administrator argues that the probate requirement is a statutory misinterpretation by the lower court. The instant court finds the lower court’s interpretation to be correct, that the probate court’s involvement is necessary. Affirmed.
Court: Illinois Appellate Court, Judge: Smith, Filed On: April 8, 2024, Case #: 230996, Categories: Settlements, Wills / Probate, Wrongful Death
J. Peterson finds the lower court improperly convicted defendant of possession of methamphetamine and sentenced him to two years and six months’ imprisonment. The instant court found the trial court failed to provide the necessary 401(a) admonishments to defendant when he indicated he wished to proceed pro se, as a result, he appeared pro se at critical stages of trial without a valid waiver of counsel. The matter is remanded for new trial. Vacated.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: April 8, 2024, Case #: 220407, Categories: Drug Offender, Fair Trial, Ineffective Assistance
J. Jorgensen finds that the lower court improperly denied defendant's request for a new trial after he was convicted aggravated battery in absentia. The court's admonishments did not advise defendant that a failure to appear would constitute a waiver of his right to cross-examine witnesses. Further, he had not been arraigned nor had he entered a not guilty plea at the time he was given the admonishments. Reversed.
Court: Illinois Appellate Court, Judge: Jorgensen, Filed On: April 2, 2024, Case #: 230047, Categories: Criminal Procedure, Battery
J. Mikva finds that the lower court properly denied the hospital's motion to transfer venue in this medical malpractice case. While the patient lives in Will County, substantial deference is due to his choice of forum in Cook County where he received extensive inpatient and outpatient care. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: March 29, 2024, Case #: 231120, Categories: Venue, Medical Malpractice
J. Hyman finds that the lower court improperly convicted defendant of constructive possession of a handgun by a felon. Defendant was pulled over for "driving while black," having done nothing to warrant a stop, let alone being placed in handcuffs and having his car fully searched. The record contains "nothing" that would allow a trier of fact to find that defendant knew a handgun was embedded into the bottom of the driver's seat of a borrowed car. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 29, 2024, Case #: 220970, Categories: Firearms, Search
J. McBride finds that the lower court improperly denied the mother's petition for adult disabled child support from the father for their 21-year-old child with autism. Illinois law indicates that a parent may be required to support a child who has reached the age of majority but is mentally or physically disabled. Despite having graduated high school and holding a part-time job, the parties' child is not able to take care of herself or live independently outside the home. Reversed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: March 29, 2024, Case #: 230270, Categories: Family Law
J. Walker finds that the lower court properly dismissed the former wife's claim for child support against the former husband's estate. The husband's $500,000 life insurance policy satisfied his financial obligations under the marital settlement agreement, regardless of the proceeds garnered from subsequent life insurance policies. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: March 29, 2024, Case #: 231016, Categories: Insurance, Wills / Probate
J. Hutchinson finds that the lower court properly denied defendant's request for pretrial release on domestic violence charges. Defendant has a significant criminal history of assaultive conduct, and it was reasonable to find no pretrial conditions could mitigate defendant's danger to his victim. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson , Filed On: March 28, 2024, Case #: 230476, Categories: Bail, Domestic Violence
J. Knecht finds that the lower court improperly ordered respondent subject to involuntary administration of psychotropic medications. The state failed to fulfill its obligation to amend the allegations in its petition after learning that respondent potentially had a healthcare power of attorney naming her mother as the healthcare agent. Further, there is no evidence the state attempted to discuss with the mother a treatment plan for her daughter. Reversed.
Court: Illinois Appellate Court, Judge: Knecht, Filed On: March 28, 2024, Case #: 220788, Categories: Competence
J. Ellis finds that the lower court properly dismissed a deputy's suit for an award of back pay for a period of unpaid suspension exceeding 180 days after he was arrested for an off-duty incident. The deputy's exclusive remedy is via the administrative procedures available to him. Affirmed.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: March 26, 2024, Case #: 221837, Categories: Administrative Law, Employment
J. Steigmann finds that the lower court improperly dismissed a medical negligence suit stemming from her treatment for a severe nosebleed. During the treatment, a doctor left impacted gauze in the patient's nasal cavity causing severe pain and swelling. A genuine issue of material fact exists as to whether the patient should have known by May 1, 2020 that the leftover gauze was the cause of her symptoms, which would make her complaint untimely, or if her discovery came later. Reversed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: March 26, 2024, Case #: 230646, Categories: Civil Procedure, Negligence, Medical Malpractice