324 results for 'court:"Illinois Appellate Court"'.
J. Hyman finds that the lower court improperly found that the Illinois Department of Revenue has exclusive jurisdiction over the village's claims seeking reimbursement of over $1 million of sales tax revenue that the Department improperly sent to a neighboring city. A trial court has jurisdiction in straightforward sales tax disputes that do not require agency expertise. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: January 12, 2024, Case #: 221729, Categories: Tax, Jurisdiction
J. Kennedy finds that the lower court improperly dismissed the couple's petition to adopt the child. The husband is related to the child's grandmother, making him a first cousin once removed, which falls within the purview of a related adoption under the Adoption Act. First cousins once removed are more closely related than second cousins, which are expressly permitted to petition for a related adoption. Reversed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: January 11, 2024, Case #: 230275, Categories: Family Law
J. Holdridge finds that the lower court convicted defendant of aggravated discharge of a firearm, but improperly convicted him of unlawful possession of a firearm without a FOID card. Defendant admitted to shooting at his victims, which is sufficient to show he knowingly discharged a firearm in the direction of another person. However, defendant was previously issued a FOID card, meaning his possession of the firearm was legal even if that FOID card was revoked at the time of the offense. Reversed in part.
Court: Illinois Appellate Court, Judge: Holdridge, Filed On: January 10, 2024, Case #: 220432, Categories: Firearms
J. Moore finds that the lower court properly denied defendant's request for pretrial release based on his charge of aggravated discharge of a firearm. Defendant, a felon, allegedly was the target of gunshots, then went home, got a gun, returned to the scene, and fired back when he was shot at again. Given the planning that went into defendant's actions, the state has a strong case that defendant poses a real and present threat to the safety of the community. Affirmed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: January 5, 2024, Case #: 231002, Categories: Firearms, Assault, Bail
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J. Tailor finds that the lower court properly found Chicago police breach its duty to protect a woman from her live-in boyfriend, who came back and killed her after police responded to a domestic violence call. Though the evidence shows the boyfriend was suffering an acute mental health crisis, it also supports a finding he acted knowingly and his actions satisfy the definition of "abuse." The city cannot avoid liability under the Illinois Domestic Violence Act based on officers' perception that the man's actions were not criminal. The jury reasonably awarded the estate $3 million in damages. Affirmed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: January 5, 2024, Case #: 221232, Categories: Family Law, Damages, Wrongful Death
J. Brennan finds that the lower court properly ordered the village to release records pertaining to a closed meeting held in violation of the Open Meetings Act. However, it improperly denied the village's request to redact portions of the records sought by the union on the grounds of attorney-client privilege. On remand, the village must be given the opportunity to prove which communications were exempt from disclosure. Affirmed in part.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: January 3, 2024, Case #: 220466, Categories: Privacy, Privilege
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. Cobbs finds that the lower court properly ordered the husband to continue paying the wife indefinite monthly maintenance payments because the husband failed to show the wife and her new boyfriend were de facto married. While the boyfriend spent some nights at the wife's home, there was no intermingling of financial resources or intention to make the relationship more serious. Affirmed.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: December 29, 2023, Case #: 230212, Categories: Family Law
J. Peterson finds that the lower court properly found for the village on a law firm's suit for breach of contract regarding its attempt to buy or continue to lease certain commercial real property that was allegedly thwarted by the village. The law firm failed to show the village knew the terms of its lease when it negotiated to purchase the subject property or that it took any action to persuade the landlord to breach the lease. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: December 28, 2023, Case #: 230083, Categories: Landlord Tenant, Interference With Contract, Contract
J. Davenport finds that the lower court improperly granted the state's petition to revoke defendant's pretrial release. Defendant never relinquished his right to an in-person hearing, nor did the court find that an in-person hearing would endanger the physical health of any participant. Reversed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: December 28, 2023, Case #: 230491, Categories: Criminal Procedure, Bail
J. Lavin finds that the lower court properly found defendant, age 70, a sexually violent person and committed him to a secure facility. The record shows that defendant did not object to the state's repeated continuances, so he was not denied a speedy trial. Further, the state's Sexually Violent Person petition was timely, as it could not be filed until defendant's prison term was over. Affirmed.
Court: Illinois Appellate Court, Judge: Lavin, Filed On: December 26, 2023, Case #: 220168, Categories: Sex Offender, Commitment
J. Hyman finds that the lower court improperly denied the allegedly tortured man's petition to replace the special prosecutor appointed to investigate the claims due to a conflict of interest. The man's statement to detectives, although it did not acknowledge guilt, contained other incriminating statements and therefore qualifies as a "tortured confession." As a supervisor of the felony review unit in the Cook County State's Attorney's Office, the special prosecutor initiated the criminal prosecution of the man years ago and, in addition, failed to disclose his relationship with the detective accused of torture, warranting his removal. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: December 22, 2023, Case #: 220372, Categories: Civil Procedure, Prisoners' Rights
J. Hyman finds for the hospital in a medical malpractice suit because the patient failed to call an expert witness to establish the hospital had deviated from the standard of care when it punctured her left atrium while performing heart surgery. The deposition testimony of the two doctors involved in her surgery does not enunciate a standard of care. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: December 22, 2023, Case #: 230078, Categories: Experts, Medical Malpractice
J. Mikva finds that the lower court improperly found for the therapy practice on the basis that suicide is an independent act by the decedent that precludes liability. On the contrary, a mental health provider can be held liable when treated an outpatient clinic for a suicide that is proximately caused by the provider's failure to act within the standard of care. Reversed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: December 22, 2023, Case #: 221736, Categories: Health Care, Tort
J. Vaughan finds that the lower court properly granted the state's petition to deny defendant pretrial release after he was charged with home invasion. Defendant has a history of not appearing for court dates, tried to dig out of his cell at the county jail, and asked his girlfriend to research locations that will not extradite him. Further, he remains a threat to the people whose home he entered with a firearm threatening to kill someone. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: December 21, 2023, Case #: 230970, Categories: Assault, Bail
J. Boie finds that the lower court properly granted the state's petition to deny defendant pretrial release based on his charged offense of armed violence. Defendant's selling of crack cocaine posed a danger to others in the community who may purchase and use those dangerous drugs, and poses a risk to others due to the inherent violent present in the drug trade. Affirmed.
Court: Illinois Appellate Court, Judge: Boie, Filed On: December 21, 2023, Case #: 230714, Categories: Drug Offender, Firearms, Bail
J. McLaren finds that the lower court properly restricted the mother's parenting time with her three children after finding that she engaged in conduct that seriously endangered the children's mental health. The mother must pay the father's attorneys fees for litigation related to this frivolous appeal. Affirmed.
Court: Illinois Appellate Court, Judge: McLaren, Filed On: December 18, 2023, Case #: 220055, Categories: Family Law, Sanctions
J. Lampkin finds that the lower court erred in denying defendant pretrial release on his charge of aggravated battery/discharge of a firearm. Defendant has no criminal record and believed his wife, who was divorcing him, had left the house when he discharged the gun. While his behavior was dangerous, even defendants accused of violent offenses are presumed eligible for pretrial release. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: December 18, 2023, Case #: 231753, Categories: Firearms, Bail
J. Van Tine finds that the lower court properly granted the state's petition for pretrial detention. The state sufficiently showed that defendant poses a real and present threat to the safety of the community given that his prior convictions, although more than seven years old, are both violent crimes. Affirmed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: December 18, 2023, Case #: 231856, Categories: Firearms, Bail
J. Oden Johnson finds that the lower court properly convicted defendant of murdering a taxi driver, and sentenced him to 39 years in prison for a crime committed at age 17. Defendant's actual innocence claim, based on a new witness affidavit, must be dismissed because the testimony does not align with the video footage of the shooting. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: December 15, 2023, Case #: 220123, Categories: Murder, Sentencing
J. Walker finds that the lower court improperly granted the landlord's motion to quash service of process. The tenant exercised reasonable diligence in its attempt to serve the landlord, and nothing in the law requires the tenant to seek out the new location of the registered agent once the agent moves from the address filed with the state. Reversed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: December 15, 2023, Case #: 220549, Categories: Civil Procedure, Landlord Tenant
J. Lampkin finds that the lower court properly upheld the state agency's subpoena issued to the capital firm's bank. The scope of the subpoena was valid and reasonably related to the state's interest in determining if the firm committed fraud by misusing investments through related-party transactions, including loans or payments to insiders. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: December 13, 2023, Case #: 230002, Categories: Agency, Discovery, Banking / Lending
J. Cates finds that the lower court properly found defendant's continued pretrial detention necessary under the Safety, Accountability, Fairness and Equity Today Act. Defendant was charged with sexual assault, and the court reasonably found he poses a real and present threat to the victim, other minors, and the community. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: December 8, 2023, Case #: 230881, Categories: Sex Offender, Bail
J. Ellis finds that the lower court improperly denied defendant's request for pretrial release after she was charged with her fourth DUI. The court must at least consider the option of SCRAM (Secure Continuous Remote Alcohol Monitor) monitoring in the mix of possible pretrial release conditions before finding defendant too dangerous to release. Vacated.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: December 8, 2023, Case #: 231801B, Categories: Bail, Dui
J. Ellis finds that the lower court properly ruled that the construction industry groups are unable to challenge the county's expenditures under previous fiscal years dating back to 2016. However, it improperly found for the county on the groups' claims that the county's spending of transportation funds in 2023 violated the Illinois Constitution. It remains unclear from the record which expenses qualified for the comptroller's list of transportation-related expenses, and whether these expenses were correctly designated as related to transportation enforcement or safety. Reversed in part.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: December 7, 2023, Case #: 231459, Categories: Constitution, Municipal Law, Transportation
J. Mitchell finds that the lower court properly denied defendant's request for pretrial release. While the bail reform measure of the Pretrial Fairness Act apply to defendant, the state showed the defendant poses a real and present real to the safety of community due to police having found him in possession of a bomb made of commercial grade fireworks. Affirmed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: December 7, 2023, Case #: 231807B, Categories: Bail
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. Oden Johnson finds that the lower court properly dismissed the retirees' claims against the city seeking additional money and guarantees of health care. In a prior appeal, this court already found that the retirees' have "no right to receive" either money or additional healthcare guarantees from the city or its four pension funds. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: December 1, 2023, Case #: 211317, Categories: Health Care, Pensions