second part test in Illinois

2016See Marks, 2015 IL 116226, ¶ 19 . “[E]ven if the burden caused by imposition of the surcharge falls on a group who neither benefits from the surcharge nor caused the problems to be remedied by the surcharge, the surcharge may be constitutionally valid so long as there is a rational relationship between the object of the legislation and the classification at issue.” Id. ¶ 22. ¶ 18 Plaintiffs note that they attached to their motion for partial summary judgment a notice sent out by White along with renewal notices.

2015See Marks, 2015 IL 116226, ¶ 19 . “[E]ven if the burden caused by imposition of the surcharge falls on a group who neither benefits from the surcharge nor caused the problems to be remedied by the surcharge, the surcharge may be constitutionally valid so long as there is a rational relationship between the object of the legislation and the classification at issue.” Id. ¶ 22. ¶ 18 Plaintiffs note that they attached to their motion for partial summary judgment a notice sent out by White along with renewal notices.

2004See Martinez, 276 Kan. at 535 , 78 P.3d at 774 .

2004See Martinez, 276 Kan. at 535 , 78 P.3d at 774 .

2002Price, 322 Ill.App.3d at 517 , 255 Ill.Dec. 822 , 750 N.E.2d 739 .

2002Estate of Price v. Universal Casualty Co., 322 Ill.

2025Id. at 687 . ¶ 12 A. Counsel’s Performance Fell Below an Objective Standard of Reasonableness ¶ 13 To show counsel’s deficient performance, a defendant must overcome the “strong presumption” that counsel’s decisions were the product of “sound trial strategy.” (Internal quotation marks omitted.) People v. Manning, 241 Ill. 2d 319, 327 (2011).

2025Id. at 687 . ¶ 12 A. Counsel’s Performance Fell Below an Objective Standard of Reasonableness ¶ 13 To show counsel’s deficient performance, a defendant must overcome the “strong presumption” that counsel’s decisions were the product of “sound trial strategy.” (Internal quotation marks omitted.) People v. Manning, 241 Ill. 2d 319, 327 (2011).

2020People v. Piatkowski, 225 Ill. 2d 551, 565 (2007).

2020People v. Piatkowski, 225 Ill. 2d 551, 565 (2007).

2017If “applying the statute would have a retroactive impact, then the court must presume that the legislature did not intend that it be so applied.” Id. (citing Commonwealth Edison Co. v. Will County Collector, 196 Ill. 2d 27, 38 (2001)); see also J.T.

2017If “applying the statute would have a retroactive impact, then the court must presume that the legislature did not intend that it be so applied.” Id. (citing Commonwealth Edison Co. v. Will County Collector, 196 Ill. 2d 27, 38 (2001)); see also J.T.

2005It recognized that, under AFSCME and federal cases applying the public-policy doctrine, an arbitrator's reinstatement of an employee such as DuBose must be upheld "as long as the arbitrator makes a rational finding that the employee can be trusted to refrain from the offending conduct." DuBose , 173 Ill. 2d at 322 ; see also Northwest Airlines, Inc. v. Air Line Pilots Ass'n, International , 808 F.2d 76 (D.C.

2005It recognized that, under AFSCME and federal cases applying the public-policy doctrine, an arbitrator’s reinstatement of an employee such as DuBose must be upheld “as long as the arbitrator makes a rational finding that the employee can be trusted to refrain from the offending conduct.” DuBose, 173 Ill. 2d at 322 ; see also Northwest Airlines, Inc. v. Air Line Pilots Ass’n, International, 808 F.2d 76 (D.C.

2001Evans v. Gurnee Inns, Inc., 268 Ill.

2001Evans v. Gurnee Inns , Inc. , 268 Ill.

1999“A medical prognosis need not be absolutely conclusive to satisfy the requirement of the statute.” J.A.S., 255 Ill.

1999"A medical prognosis need not be absolutely conclusive to satisfy the requirement of the statute." J.A.S., 255 Ill.

2020To satisfy the second part of the test, the defendant must demonstrate a reasonable probability of a more favorable outcome “but for counsel’s unprofessional errors.” Id. at 694 . 12 ¶ 43 A defendant asserting ineffective assistance of counsel must satisfy both parts of the Strickland test.

2020To satisfy the second part of the test, the defendant must show that “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” 35 Id. at 694 .

2024Miller, 238 Ill. 2d at 166 .

2021Miller, 238 Ill. 2d at 163, 166 .

2019First, the Board adopted the ALJ’s recommendations and found that the senior procurement specialists were engaged predominantly in executive and management functions. “ ‘[E]xecutive and management functions specifically relate to the running of the agency or department, including the establishment of policies and procedures, preparation of the budget, and responsibility that the agency or department operates effectively and efficiently.’ ” County of Cook, 351 Ill. App. 3d at 386 (quoting Department of Central Management Services v. Illinois State Labor Relations Board, 278 Ill. App. 3d 79, 87

2004The second part of the test is met “when an individual oversees or coordinates policy implementation through development of means and methods of achieving policy objectives, determines the extent to which the objectives will be achieved, and is empowered with a substantial amount of discretion to determine how policies will be effected.” Department of Central Management Services, 278 Ill.

2011Roper, 543 U.S. at 564 , 125 S.Ct. 1183 ; Graham, 560 U.S. at ___ , 130 S.Ct. at 2026 .

2011Roper, 543 U.S. at 564 ; Graham, 560 U.S. at ___, 130 S. Ct. at 2026.

2026Id.; see Jeffries, 164 Ill. 2d at 127-28 (holding that, in order to instruct the jury on self-defense, a defendant must establish some evidence of each element). - 12 - ¶ 37 In Ammons, 2021 IL App (3d) 150743, ¶¶ 1, 5, 14 , the defendant was convicted of aggravated battery of a police officer for biting a police officer’s finger as several officers tried to place the defendant under arrest.