324 results for 'court:"Illinois Appellate Court"'.
J. Mullen finds that the lower court improperly denied the defendant's motion for pretrial release after being charged with a probation violation for unlawful use of a weapon. The alleged violation is not a detainable offense, so he is entitled to pretrial release pending his hearing on the state's petition to revoke his probation. Reversed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: February 22, 2024, Case #: 230512, Categories: Probation, Bail, Weapons
J. Cates finds that the lower court properly found for the doctor in a medical malpractice suit stemming from a patient's death. The court did not err in allowing the defense expert to opine regarding other possible causes of the patient's death. His testimony that the patient could have died of stroke was based upon the patient's medical history and not mere speculation. Further, it correctly refused to admit the patient's death certificate into evidence as the cause of death listed on the certificate was an opinion of the coroner, but not based on any postmortem examination. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: February 20, 2024, Case #: 220552, Categories: Experts, Wrongful Death, Medical Malpractice
J. Hutchinson finds that the lower court properly revoked defendant's pretrial release on charges of attempted aggravated assault. Defendant was released on the condition he not commit any additional offenses, and was charged with an additional violent offense for punching a minor only 12 days later. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: February 15, 2024, Case #: 230504, Categories: Assault, Bail
J. Lampkin finds that the lower court properly denied the law firm's motion to dismiss on the basis of forum non conveniens. The international law firm is based in Chicago, and there is no basis for finding that London is a more appropriate forum when England has no greater interest in applying Russian law than Cook County, and none of the alleged malpractice took place in London. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: February 14, 2024, Case #: 230095, Categories: International Law, Jurisdiction
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J. Pucinski finds that the lower court properly denied the tax purchaser's petition for a tax dead. The purchaser failed to obtain leave of court for an extension of its redemption period or to diligently serve an interested party entitled to notice. Affirmed.
Court: Illinois Appellate Court, Judge: Pucinski, Filed On: February 13, 2024, Case #: 220670, Categories: Property, Tax
J. Coghlan finds that the lower court properly convicted defendant of unlawful use of a weapon for possessing a short-barreled shotgun. Unlike handguns, short-barreled shotguns are not considered a class of weapons used for self defense and they are regulated precisely because they are concealable and not typically possessed for lawful purposes. Therefore, his conviction does not violate the Second Amendment. Affirmed.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: February 13, 2024, Case #: 221455, Categories: Constitution, Firearms
J. Fitzgerald Smith finds that the lower court properly entered judgment in favor of the family in a wrongful death suit, awarding them $42.5 million against the hospital after it failed to prevent a patient's baclofen withdrawal, despite being well-informed of his need for the drug ahead of his surgery. The jury reasonably found that a complete breakdown of communication between hospital departments led to to his organ failure from not receiving the drug he needed for his muscle spasms. Affirmed.
Court: Illinois Appellate Court, Judge: Fitzgerald Smith, Filed On: February 13, 2024, Case #: 230355, Categories: Damages, Wrongful Death
J. Oden Johnson finds that the lower court properly vacated a prior judgment in this family estate dispute, finding that the intervenors were necessary parties. The record shows there was no effort to notify the intervenors of the existence of the case prior to October 2021, which was the date judgment was entered for the son. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: February 9, 2024, Case #: 221667, Categories: Wills / Probate
J. Hyman improperly convicted defendant of being an armed habitual criminal based on video surveillance evidence. The scant evidence shown in the videos does not establish probable cause to search defendant's car. This case is remanded to give defendant an opportunity to litigate a motion to suppress. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: February 9, 2024, Case #: 220830, Categories: Evidence, Firearms, Search
J. Mikva finds that the board properly determined the firefighter is not entitled to a non-duty disability pension. The firefighter had less than seven years of creditable service with his last pension fund, so he is not entitled to a non-duty disability pension. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: February 9, 2024, Case #: 230565, Categories: Pensions
J. Lampkin finds that the lower court properly denied defendant pretrial release on charges of armed violence and unlawful use of a weapon by a felon. There is strong evidence supporting the state's case that defendant threatened his landlord with a gun while in possession of crack cocaine. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: February 8, 2024, Case #: 232336, Categories: Firearms, Bail
J. Jorgensen finds that the lower court properly granted the state's motion to deny defendant pretrial release on charges of home invasion and domestic battery. The evidence supports a finding that defendant committed an offense that qualified the state to request his detention as he forcibly entered his wife's relative's home demanding to see his children and injured a relative who tried to eject him. Affirmed.
Court: Illinois Appellate Court, Judge: Jorgensen, Filed On: February 7, 2024, Case #: 230475, Categories: Bail, Domestic Violence
J. Davenport finds that the lower court properly found for the Treasurer, ruling he was not required to refund the delinquent tax purchaser's petition costs because the petition costs were not posted to the tax judgment, sale, redemption and forfeiture record due to the property owners' bankruptcies. Affirmed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: February 6, 2024, Case #: 220134, Categories: Property, Tax
J. Doherty finds that the lower court improperly dismissed the hospital's petition for administrative review of the board's decision to issue a permit for a another hospital to build a 28-bed facility in Quincy, Illinois. The moving parties never established the date on which service of the decision occurred because the plaintiff hospital was not entitled to be served with that decision. Therefore, further discovery is needed to determine when the 35-day period to sue began. Reversed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: February 6, 2024, Case #: 230282, Categories: Administrative Law, Civil Procedure
J. Cobbs finds that the lower court properly granted the state's motion to deny defendant pretrial release on the charge of unlawful use of a weapon by a felon. Defendant is a four-time convicted felon and the state reasonably argues that his violent past coupled with his possession of a gun with a live round in the chamber and resisting arrest makes him a danger to the public. Affirmed.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: February 2, 2024, Case #: 232164, Categories: Bail
J. Ocasio finds that the lower court improperly found the child neglected after the trial court combined the evidentiary portion of the adjudicatory hearing with the dispositional hearing. This deprived the mother of a fair hearing. Reversed.
Court: Illinois Appellate Court, Judge: Ocasio, Filed On: February 1, 2024, Case #: 230508, Categories: Family Law
J. Ocasio finds that the lower court properly granted the state's motion to deny defendant pre-trial release on charges of aggravated battery with a firearm, to which the state later added charges of attempted murder. Defendant never posted bail when he was originally charged with just the weapons count, and is not eligible for pre-trial release under the new charges. Affirmed.
Court: Illinois Appellate Court, Judge: Ocasio, Filed On: February 1, 2024, Case #: 232163, Categories: Criminal Procedure, Bail
J. Van Tine finds that the lower court properly found for the bar and dismissed a tort suit filed by the family of an employee who died after falling while drunk at work and sustaining a head injury. The Dramshop Act provides the exclusive remedy for causes of action stemming from the provision of alcohol, so the family may not pursue common-law causes of action. Affirmed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: January 31, 2024, Case #: 231424, Categories: Tort, Wrongful Death
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
J. Steigmann finds that the lower court properly denied defendant's motion for leave to file a successive postconviction petition alleging his 60-year sentence was disproportionate to his crimes. The petition fails to adequately allege that defendant's murder sentence would have been different had the court explicitly considered his youth (age 20) at sentencing. Affirmed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: January 29, 2024, Case #: 230298, Categories: Murder, Sentencing
J. Cates finds that the Commission properly directed GridLiance to apply for a certificate of public convenience and necessity after finding that it met the definition of a public utility. As an owner of transmission assets in Illinois, the company may be considered a public utility under the Public Utilties Act based on the transmission of electricity. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: January 26, 2024, Case #: 230073, Categories: Administrative Law, Energy
J. Moore finds that the lower court improperly granted the state's request to deny defendant pretrial release based on charges of intent to distribute meth. The state's motion to deny bail was untimely, and that error affected defendant's substantial rights. Vacated.
Court: Illinois Appellate Court, Judge: Moore, Filed On: January 25, 2024, Case #: 231051, Categories: Drug Offender, Bail
J. Mullen finds that the lower court properly granted the state's motion to deny defendant pre-trial release based on his arrest for domestic violence. The allegations claim that defendant entered his girlfriend's house and strangled her in front of the children before locking her out and refusing to open the door for the police. The court reasonably decided that keeping defendant in jail was the only way of keeping the victim and her children safe. Affirmed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: January 25, 2024, Case #: 230463, Categories: Bail, Domestic Violence
J. Hettel finds that the lower court properly granted the state's petition to deny defendant pretrial release on aggravated robbery charges. While the court did not make specific written findings, it checked boxes next to the factors which it found to be present in the base including defendant's prior criminal violent history, and the nature of the offense. Affirmed.
Court: Illinois Appellate Court, Judge: Hettel, Filed On: January 18, 2024, Case #: 230543, Categories: Robbery, Bail
J. Reyes finds that the lower court properly found for the insurer, which denied the insured motorcyclist's attempt to "stack" uninsured motorist coverage limits from three separate policies. The policies unambiguously provide that such coverage limits may not be aggregated or combined. Affirmed.
Court: Illinois Appellate Court, Judge: Reyes, Filed On: January 17, 2024, Case #: 230193, Categories: Insurance, Vehicle, Contract
J. Peterson finds that the lower court properly denied defendant's motion for pretrial release on charges of threatening a public official. The evidence establishes that defendant was continuously aggressive with officers, repeatedly threatened to kill a female officer, and threatened to bring a pipe bomb to the police station. He was also on probation for aggravated assault of a peace officer at the time. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: January 16, 2024, Case #: 230568, Categories: Bail, Threats