valid basis claim in Illinois

2026In re Marriage of O’Brien, 2011 IL 109039, ¶ 30 . ¶ 304 “A judge’s rulings alone almost never constitute a valid basis for a claim of judicial bias or partiality.” Eychaner, 202 Ill. 2d at 280 .

2025“A judge’s rulings alone almost never constitute a valid basis for a claim of judicial bias or partiality.” Id.

2026Because adverse rulings “almost never” constitute a valid basis for a claim of judicial bias (Wilson, - 27 - 2026 IL App (2d) 250354-U 238 Ill. 2d at 554 ), and because Jennifer failed to satisfy the threshold procedural requirements of the statute, the trial court acted within its discretion in denying the petition without referring it to a different judge. ¶ 77 III.

2026“A judge’s previous rulings almost never constitute a valid basis for a claim of judicial bias or partiality.” In re Estate of Wilson, 238 Ill. 2d at 554 . ¶ 68 Here, Ms. Shelton points to no facts suggesting actual prejudice on the part of Judge Conlon.

2024Although defendant makes conclusory assertions based on the court’s rulings, it is well-established that “[a] judge’s rulings alone almost never constitute a valid basis for a claim of judicial bias or partiality.” Gross, 202 Ill. 2d at 280 (citing Liteky v. United States, 510 U.S. 540, 555 (1994)).

2023“A judge’s rulings alone almost never constitute a valid basis for a claim of judicial bias or partiality.” Id. (citing Liteky v. United States, 510 U.S. 540, 555 (1994)).

2022A defendant’s consent is involuntary if “ ‘his will has been overborn and his capacity for self-determination critically impaired.’ ” Schneckloth v. Bustamonte, 412 U.S. 218, 225 (1973) (quoting Culombe v. Connecticut, 367 U.S. 568, 602 (1961)). “[C]ustody alone does not render consent involuntary.” People v. Alvarado, 268 Ill.

2015See, e.g., People v. Alvarado, 268 Ill.

2010See Alcantar v. Peoples Gas Light & Coke Co., 288 Ill.App.3d at 649 , 224 Ill.Dec. 372 , 681 N.E.2d 993 ; Williams v. Estate of Cole, 393 Ill.App.3d at 777 , 333 Ill.Dec. 27 , 914 N.E.2d 234 .

2010See Alcantar v. Peoples Gas Light & Coke Co., 288 Ill.

2001Defendants note that McDonough held that a new trial is warranted when “a correct response would have provided a valid basis for a challenge for cause.” McDonough, 464 U.S. at 556 , 78 L.

2001Defendants note that McDonough held that a new trial is warranted when “a correct response would have provided a valid basis for a challenge for cause.” McDonough, 464 U.S. at 556 , 78 L.

2016“A judge’s previous rulings can only constitute a valid basis for a claim of judicial bias if ‘they reveal an opinion that derives from an extrajudicial source’ or ‘such a high degree of favoritism or antagonism as to make fair judgment impossible.’ ” Deutsche Bank National Trust Co. v. Nichols, 2013 IL App (1st) 120350, ¶ 17 (quoting Eychaner v. Gross, 202 1 As explained by our supreme court, “the statute contemplates the use of a ‘motion’ when seeking substitution as a matter of right and the use of a ‘petition’ for situations in which substitution for cause is sought.

2016“A judge’s previous rulings can only constitute a valid basis for a claim of judicial bias if ‘they reveal an opinion that derives from an extrajudicial source’ or ‘such a high degree of favoritism or antagonism as to make fair judgment impossible.’ ” Deutsche Bank National Trust Co. v. Nichols, 2013 IL App (1st) 120350, ¶ 17 (quoting Eychaner v. Gross, 202 Ill. 2d 228, 281 (2002)).

1997Ed. 2d 663, 671 , 104 S. Ct. 845, 850 (1984) (similarly holding that, to obtain a new trial, a party must demonstrate that "a juror failed to answer honestly a material question on voir dire" and that "a correct response would have provided a valid basis for a challenge for cause"); State v. Messelt, 185 Wis. 2d 255 , 269, 518 N.W.2d 232, 238 (1994).

1997Ed. 2d 663, 671 , 104 S. Ct. 845, 850 (1984) (similarly holding that, to obtain a new trial, a party must demonstrate that "a juror failed to answer honestly a material question on voir dire” and that "a correct response would have provided a valid basis for a challenge for cause”); State v. Messelt, 185 Wis. 2d 255 , 269, 518 N.W.2d 232, 238 (1994).

2019App. 3d at 569 (“Allegedly erroneous findings and rulings by the circuit court are insufficient reasons to believe that the court had personal bias or prejudice for or against a litigant.”); Vance, 76 Ill. 2d at 178 (“the fact that a judge has ruled adversely” to a party “does not disqualify that judge from sitting” in subsequent matters). ¶ 49 In the case at bar, defendant does not offer any evidence of judicial bias or prejudice stemming from an outside source.

2019Even if those decisions were erroneous, “[a] judge’s rulings alone almost never constitute a valid basis for a claim of judicial bias or partiality.” Id.

2026Nov. 26, 2025). ¶ 99 Generally, “judicial rulings almost never constitute a valid basis for a claim of judicial partiality or bias.” Class, 2025 IL 129695, ¶ 51 .

2025As our supreme court explained in People v. Class, 2025 IL 129695, ¶ 51 , “judicial rulings almost never constitute a valid basis for a claim of judicial - 28 - 2025 IL App (2d) 210423-B partiality or bias.” “To hold otherwise would arguably require reassignment any time the appellate court reversed and remanded a circuit court’s order for failing to follow applicable law.” Id.

2019“A judge’s rulings alone almost never constitute a valid basis for a claim of judicial bias or partiality.” Eychaner, 202 Ill. 2d at 280 ; Hartian, 222 Ill.

2018"A judge's rulings alone almost never constitute a valid basis for a claim of judicial bias or partiality." Eychaner , 202 Ill. 2d at 280 , 269 Ill.Dec. 80 , 779 N.E.2d 1115 ; Hartian , 222 Ill.

2024App. 3d at 403 . ¶ 39 We briefly note that although self-defense is a justifying or exonerating circumstance and a valid basis for a claim of actual innocence of first-degree murder (People v. Horton, 2021 IL App (1st) 180551, ¶ 46 (citing People v. Woods, 2020 IL App (1st) 163031, ¶ 41 )), defendant cites no authority to support his assumption that the same can be said of unreasonable self-defense, i.e., second-degree murder.

2022A defendant’s consent is involuntary if “ ‘his will has been overborn and his capacity for self-determination critically impaired.’ ” Schneckloth v. Bustamonte, 412 U.S. 218, 225 (1973) (quoting Culombe v. Connecticut, 367 U.S. 568, 602 (1961)). “[C]ustody alone does not render consent involuntary.” People v. Alvarado, 268 Ill.

2022A defendant’s consent is involuntary if “ ‘his will has been overborn and his capacity for self-determination critically impaired.’ ” Schneckloth v. Bustamonte, 412 U.S. 218, 225 (1973) (quoting Culombe v. Connecticut, 367 U.S. 568, 602 (1961)). “[C]ustody alone does not render consent involuntary.” People v. Alvarado, 268 Ill.

2022See Thomas v. Weatherguard Construction Co., 2018 IL App (1st) 171238, ¶ 48 (a judge’s rulings alone will rarely constitute a valid basis for a claim of judicial bias or partiality).

2020See People v. Burnett, 2016 IL App. (1st) 141033, ¶ 56 . 12 Nos. 1-18-0767 & 1-18-1672 (cons.) ¶ 32 However, although the decision to disqualify a judge because of prejudice is not one to be made lightly (see Reyes, 369 Ill.

2020See People v. Burnett, 2016 IL App. (1st) 141033, ¶ 56 . 12 Nos. 1-18-0767 & 1-18-1672 (cons.) ¶ 32 However, although the decision to disqualify a judge because of prejudice is not one to be made lightly (see Reyes, 369 Ill.