degree immunity in Illinois

2023App. 3d 264, 268 (2003) (citing City of Rockford v. Suski, 307 Ill.

2003City of Rockford v. Suski, 307 Ill.

1982After considering several Supreme Court cases, this court stated that the factor triggering the constitutional privilege seems to be that the statement concerns a matter of “public interests” and stated: “In our judgment the conclusion is inescapable from [the cases discussed] that the defendants in this case must be accorded at least the same degree of immunity accorded to the defendant in [Curtis Publishing Co. v. Butts (1967), 388 U.S. 130 , 18 L.

1982After considering several Supreme Court cases, this court stated that the factor triggering the constitutional privilege seems to be that the statement concerns a matter of “public interests” and stated: “In our judgment the conclusion is inescapable from [the cases discussed] that the defendants in this case must be accorded at least the same degree of immunity accorded to the defendant in [Curtis Publishing Co. v. Butts (1967), 388 U.S. 130 , 18 L.

2000We believe the primary purpose test is too narrow and that the significant connection test, as articulated by the majority of the IELRB, avoids the distinct problems associated with an overly broad definition of the term "student." See Board of Education of Community Consolidated High School District No. 230 v. Illinois Educational Labor Relations Board, 165 Ill.

2000We believe the primary purpose test is too narrow and that the significant connection test, as articulated by the majority of the IELRB, avoids the distinct problems associated with an overly broad definition of the term “student.” See Board of Education of Community Consolidated High School District No. 230 v. Illinois Educational Labor Relations Board, 165 Ill.

1990Medical quackery is an area of critical public concern *** ‘about which information is needed or appropriate to enable the members of society to cope with the exigencies of their period.’ ” Farnsworth, 43 Ill. 2d at 291 , quoting Butts, 388 U.S. at 147 , 18 L.

1990Medical quackery is an area of critical public concern * * * about which information is needed or appropriate to enable the members of society to cope with the exigencies of their period." Farnsworth, 43 Ill.2d at 291 , 253 N.E.2d 408 , quoting from Butts, 388 U.S. at 147 , 87 S.Ct. at 1987 .

1975(See People v. Heiple, 29 Ill.App.3d 452 , 330 N.E.2d 556 ; People v. Smith 26 Ill.App.3d 1062 , 325 N.E.2d 623 .) Under the record before this court we cannot say that the jury’s determination that the defendant was not intoxicated to so great a degree was in error.

1975(See People v. Heiple, 29 Ill.App.3d 452 , 330 N.E.2d 556 ; People v. Smith 26 Ill.App.3d 1062 , 325 N.E.2d 623 .) Under the record before this court we cannot say that the jury’s determination that the defendant was not intoxicated to so great a degree was in error.

1974We pointed out in People v. Campbell, 16 Ill.App.3d 851 , that a defendant, such as the defendant in this cause, was not in position to question the constitutionality of a statute if he is not affected by the provisions challenged or if the statute operates to his advantage.

1974We pointed out in People v. Campbell, 16 Ill.App.3d 851 , that a defendant, such as the defendant in this cause, was not in position to question the constitutionality of a statute if he is not affected by the provisions challenged or if the statute operates to his advantage.

2022We find the trial court’s judgment is not manifestly erroneous and, therefore, “the trial judge, who had an opportunity to see and hear [the] witness should be upheld.” Bracey, 51 Ill. 2d at 517 . ¶ 33 Accordingly, the trial court’s judgment denying defendant’s petition for postconviction relief is affirmed. ¶ 34 CONCLUSION ¶ 35 For the foregoing reasons, the judgment of the circuit court of Cook County is affirmed. ¶ 36 Affirmed. - 14 -

2022At minimum, we cannot say the trial court’s judgment is erroneous to the degree the error is “plain, evident, and indisputable.” People v. Knight, 2020 IL App (1st) 170550, ¶ 37 .

2012Van Meter, 207 Ill. 2d at 368-69 . ¶ 69 The provisions of the Act differ in the degree of immunity they provide to the government.

1997Strickland, 466 U.S. at 687 , 80 L.

1997Strickland, 466 U.S. at 687 , 80 L.

1994"Clearly erroneous” simply describes the degree of error the trial court’s ruling must reach before it constitutes a ruling "against the manifest weight of the evidence.” (See Hernandez, 500 U.S. at 369 , 114 L.

1994"Clearly erroneous” simply describes the degree of error the trial court’s ruling must reach before it constitutes a ruling "against the manifest weight of the evidence.” (See Hernandez, 500 U.S. at 369 , 114 L.

1990In Farnsworth, defendants, the Tribune Co., had published a report to the general public which described plaintiff, an osteopathic physician, as a "quack." The court there found that the plaintiff was required to prove actual malice because "[i]n our judgment the conclusion is inescapable from Times, Garrison [ v. Louisiana (1964), 379 U.S. 64 , 85 S.Ct. 209 , 13 L.Ed.2d 125 ], Butts and other cases previously cited that the defendants in this case must be accorded at least the same degree of immunity accorded the defendant in Butts.

1990In Farnsworth, defendants, the Tribune Co., had published a report to the general public which described plaintiff, an osteopathic physician, as a "quack." The court there found that the plaintiff was required to prove actual malice because "[i]n our judgment the conclusion is inescapable from Times, Garrison [ v. Louisiana (1964), 379 U.S. 64 , 85 S.Ct. 209 , 13 L.Ed.2d 125 ], Butts and other cases previously cited that the defendants in this case must be accorded at least the same degree of immunity accorded the defendant in Butts.

1980People v. Oden (1960), 20 Ill. 2d 470 , 170 N.E.2d 582 ; People v. Donaldson (1956), 8 Ill. 2d 510 , 134 N.E.2d 776 .

1980People v. Oden (1960), 20 Ill. 2d 470 , 170 N.E.2d 582 ; People v. Donaldson (1956), 8 Ill. 2d 510 , 134 N.E.2d 776 .

1980People v. Oden (1960), 20 Ill. 2d 470 , 170 N.E.2d 582 ; People v. Donaldson (1956), 8 Ill. 2d 510 , 134 N.E.2d 776 .

1980People v. Oden (1960), 20 Ill. 2d 470 , 170 N.E.2d 582 ; People v. Donaldson (1956), 8 Ill. 2d 510 , 134 N.E.2d 776 .

1975(See People v. Heiple, 29 Ill.App.3d 452 , 330 N.E.2d 556 ; People v. Smith 26 Ill.App.3d 1062 , 325 N.E.2d 623 .) Under the record before this court we cannot say that the jury’s determination that the defendant was not intoxicated to so great a degree was in error.

1975(See People v. Heiple, 29 Ill.App.3d 452 , 330 N.E.2d 556 ; People v. Smith 26 Ill.App.3d 1062 , 325 N.E.2d 623 .) Under the record before this court we cannot say that the jury’s determination that the defendant was not intoxicated to so great a degree was in error.