324 results for 'court:"Illinois Appellate Court"'.
J. Harris finds that the lower court properly found for the doctor in a medical malpractice suit stemming from internal bleeding caused by a gastric band removal and hernia repair surgery. The court reasonably declined to exclude the doctor's medical expert's testimony, especially as the patient did not object to the challenged testimony at the time it was offered at trial. Further, the jury was correctly instructed on the patient's damages due to the doctor's alleged negligence. Affirmed.
Court: Illinois Appellate Court, Judge: Harris, Filed On: May 16, 2024, Case #: 230742, Categories: Jury, Experts, Medical Malpractice
J. Rochford finds that the lower court properly found the mother unfit to parent her two daughters and terminated her parental rights after her son died from child abuse at the hands of her boyfriend. The girls were found with scars, and burn marks showing that they had also been abused, but the mother denied all knowledge of how they got those marks. Further, the mother did not communicate with the caseworker and refused to complete community-based services. Affirmed.
Court: Illinois Appellate Court, Judge: Rochford, Filed On: May 16, 2024, Case #: 231947, Categories: Family Law
J. Cavanagh finds that the lower court properly convicted defendant of murder for personally discharging a firearm that killed a woman and severely injured a man. The court reasonably allowed two detectives to offer lay opinion testimony identifying defendant was the shooter from the surveillance video. While there is no evidence showing the perpetrator disguised himself, defendant wore a Covid mask during some portions of the trial, and he may have changed his hairstyle from the style worn in the video. Further, the detectives had in-person contact with defendant in weeks prior to the shooting that made it more likely for them to clearly identify him as the person shown in the surveillance footage. Affirmed.
Court: Illinois Appellate Court, Judge: Cavanagh, Filed On: May 16, 2024, Case #: 230501, Categories: Evidence, Murder, Witnesses
J. DeArmond finds that the lower court properly modified the parents' parenting plan for their child, significantly decreasing the father's time. While the court did not formally explain why it did not conduct an in camera interview with the child, it apparently decided interviewing the child was unnecessary to making a decision on the custody arraignment. Affirmed.
Court: Illinois Appellate Court, Judge: DeArmond, Filed On: May 15, 2024, Case #: 231264, Categories: Family Law
J. Kern finds that the lower court properly granted the law firms' motion for summary judgment on their claims for legal fees based on an account stated. An account stated claim is not duplicative of a claim for breach of contract, because the client's act of retaining the invoice without objection is considered acquiescence as to its correctness. Affirmed.
Court: Illinois Appellate Court, Judge: Kern, Filed On: May 14, 2024, Case #: 02657, Categories: Civil Procedure, Attorney Fees
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[Consolidated.] J. Cobbs finds that the lower court improperly sentenced defendants' for criminal drug conspiracy and must make an inquiry into allegations of juror misconduct based on a juror's allegations of racial bias during deliberations. The court abused its discretion in refusing to allow the defense to obtain juror 40's affidavit making credible allegations of racial bullying by another juror. However, the sentencing on the charge of running a criminal drug conspiracy was in error because the court cannot impose an extended sentence without the jury making a finding on the specific quantity of drugs forming the object of the conspiracy. Vacated in part.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: May 14, 2024, Case #: 181491, Categories: Drug Offender, Jury, Sentencing
J. Kennedy finds that the lower court properly found defendant guilty of the nonconsensual dissemination of private sexual images depicting bondage. The image depicted the victim, defendant's subordinate at work and former lover, wearing a bra and underwear with arms outstretched and wrists fastened with fabric to a curtain rod. The state sufficiently proved that the image qualifies as showing a person engaged in sexual activity, even if the victim testified that she could easily escape the fabric bonds and did not show her deriving sexual pleasure. Further, defendant's message in response to the victim's sending of the picture clearly showed he was well aware of the sexual nature of the photo. Affirmed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: May 13, 2024, Case #: 230043, Categories: Sex Offender, Threats
J. Oden Johnson finds that the lower court properly dismissed defendant's postconviction motion challenging his murder conviction and sentence. Defendant was not prejudiced by a joint trial with his co-defendant, even if co-defendant was the one who wielded the gun during the crime. Further, defendant's 38-year sentence was not excessive, and would not qualify as a life sentence even if he had been a juvenile at the time of the crime. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: May 10, 2024, Case #: 221748, Categories: Murder, Sentencing
J. Birkett finds that the lower court properly convicted defendant of home invasion on top of his murder conviction and sentenced him to 48 years for murder and 25 for home invasion. The evidence sufficiently showed that defendant entered the house with criminal intent, as he had a known dispute with the victim's brother, brought a BB gun and entered in the wee hours of the morning when everyone would be asleep. The lack of forced entry is explained by the fact that the victim arose earlier than usual to prepare for her day. Further, the court reasonably considered defendant's youth, mental health and substance abuse issues when passing sentence. Affirmed.
Court: Illinois Appellate Court, Judge: Birkett, Filed On: May 10, 2024, Case #: 230056, Categories: Murder, Sentencing
J. Moore finds that the lower court properly found that the decedent intended to allow his tenant farmer the option to purchase the property following his death, and not just the right of first refusal to purchase the property if the heirs intended to sell the land. Decedent's intent in this regard is supported by the language of the codicil to his will, notwithstanding the use of the language "right of first refusal." Affirmed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: May 9, 2024, Case #: 230152, Categories: Wills / Probate
J. Brennan finds that the lower court properly denied defendant sentencing credit for his completion of behavior modification and substance abuse programs. Sentencing credit for these programs and for a county jail work assignment is not available for inmates in county jail, only for prisoners in the Department of Corrections. Affirmed.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: May 9, 2024, Case #: 220501, Categories: Burglary, Sentencing
J. Brennan finds that the lower court improperly dismissed an energy company's suit challenging an increase in the tax assessment for two properties on which it is developing a natural gas fueled power generation plant. The company was never sent notice of the proposed reassessment for one parcel, so it is excused of its failure to exhaust its administrative remedies. However, it was properly given its due process rights as to the second parcel. Reversed in part.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: May 9, 2024, Case #: 220328, Categories: Property, Tax, Due Process
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
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