11 results for 'judge:"McBride"'.
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. 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. McBride finds that the lower court properly denied defendant's request for pretrial release on charges of being an armed habitual criminal and unlawful use of a weapon. Defendant had prior convictions for attempted murder and was on parole at the time of his arrest. With this evidence, the state met its burden of providing defendant poses a real threat to the safety of the community. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: March 19, 2024, Case #: 232482, Categories: Firearms, Parole, 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. McBride finds that the lower court properly granted the state's motion to deny defendant bail on charges of aggravated vehicular hijacking. The court is entitled to deference on its finding that there was "extraordinarily strong proof" defendant committed the offense, including fingerprint evidence, and that her violent behavior posed a danger to the community at large. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: January 29, 2024, Case #: 232009, Categories: Bail
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J. McBride finds that the lower court improperly denied the family's motion to amend the civil rights complaint stemming from police officer's woeful response to a 911 call about domestic violence they were experiencing. The officers had probable cause to arrest the man to prevent abuse that was sure to follow, and their inaction allowed him to grievously injure his brother and kill his father. Reversed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: December 29, 2023, Case #: 211373, Categories: Civil Rights, Constitution
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. McBride finds that the lower court improperly dismissed defendant's postconviction petition alleging ineffective assistance of counsel. Counsel was arguably deficient in failing to move to exclude the hearsay statements of two testifying detectives, which were used by the state as evidence of defendant's guilt. Reversed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: September 12, 2023, Case #: 210642, Categories: Habeas, Ineffective Assistance, Robbery
J. McBride finds that the lower court properly stayed tow indemnification claims filed by Walgreens against its insurer seeking defense costs in this fraud suit alleging Walgreens intentionally reported artificially inflated rates for prescription drugs to obtain inflated reimbursements. The court reasonably found that it could not make a determination on the indemnity claims until the underlying claims of the insurer's fraud complaint are resolved. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: August 30, 2023, Case #: 230547, Categories: Fraud, Indemnification
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. McBride finds the trial court properly denied the property owner's petition to set aside a tax deed issued to the investment company after the property was offered for sale due to tax delinquency. The owner's statement of facts fails to provide any citation to the record. The property owner failed to seek a stay of judgment and the purchaser is entitled to protection of its purchase of the property. The appeal is dismissed as moot.
Court: Illinois Appellate Court, Judge: McBride , Filed On: June 28, 2023, Case #: 1-22-1366, Categories: Property, Tax