Illinois Fifth District Appellate Court
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Third District reverses dismissal of David Cates' fourth DUI charge
OTTAWA - St. Clair County Associate Judge Tameeka Purchase committed error when she dismissed a misdemeanor charge that Belleville lawyer David Cates drove under the influence, Third District appellate judges ruled on Dec. 5. -
Fifth District affirms denial of pretrial release under SAFE-T Act for domestic battery suspect
MOUNT VERNON - St. Clair County associate judge Sara Rice properly disqualified domestic battery suspect Ryan Alamia from pretrial release under Gov. Pritzker’s bail reform law, Fifth District appellate judges ruled on Nov. 30. -
Fifth District finds court erred in returning funds to bank
MT. VERNON — The Fifth District Appellate Court has reversed Fayette County Judge Kevin S. Parker, finding that he erred in returning rents owed to the defendant bank. -
Fifth District rejects man's claim that his right to a speedy trial was violated
The Fifth District Appellate Court affirmed St. Clair County Circuit Judge Zina Cruse’s order denying a convicted murder’s request for a new trial. -
Fifth District reverses Hoerner's rejection of summons delivery in suit involving evasion of service
MOUNT VERNON - St. Clair County Circuit Judge Kevin Hoerner improperly found that dropping a summons at a door didn’t count as service of process, Fifth District appellate judges ruled on Nov. 20. -
Fifth District rejects 'untimely' requests to deny pretrial release under SAFE-T Act
MOUNT VERNON - Suspects who were already in jail when the SAFE-T Act went into effect may seek review or "elect to stand on the terms" of their pretrial conditions, Fifth District appellate judges ruled in two cases from Coles County. -
Man convicted of killing asbestos attorney Randy Gori appeals dismissal of motion to withdraw guilty plea
Timothy Banowetz, who was convicted of murdering asbestos attorney Randy Gori, is appealing dismissal of his motion to withdraw his guilty plea and vacate a 70-year prison sentence. -
Fifth District reverses Jumper’s order dismissing FOID card dispute
The Fifth District Appellate Court held that Madison County Associate Judge Ryan Jumper’s dismissal of a man’s FOID card dispute for lack of subject matter jurisdiction was improper. -
Independent pharmacies appeal mandatory arbitration ruling to IL Supreme Court; Cuker: OptumRx arbitration provision is 'basically rigged'
A group of independently-owned pharmacies are urging the Illinois Supreme Court to review a decision by the Fifth District Appellate Court compelling arbitration in a reimbursement fraud claim against OptumRx. -
Fifth District affirms dismissal of suit seeking to disrupt Hightower's Sunnybrook housing in Alton
MOUNT VERNON – Fifth District appellate judges ruled on Aug. 10 that a suit against Ed Hightower’s plan to build 40 affordable homes in Alton copied a suit the city lost in 2019. -
Fifth District affirms Witcher's conviction in Bethalto triple homicide
MOUNT VERNON – Madison County jurors correctly convicted Brady Witcher of triple murder, Fifth District appellate judges ruled on July 27. -
Fifth District affirms O'Gara in forgery case involving East St. Louis Township consultant
MOUNT VERNON – June Hamilton Dean engaged in misconduct as consultant for East St. Louis Township by committing forgery, Fifth District appellate judges ruled on July 5. -
Fifth District affirms dismissal of Hulme and Dorman lawsuit, says Madison County Board did not violate Open Meetings Act
MOUNT VERNON – Madison County Board members who terminated administrator Doug Hulme and information technology director Rob Dorman in 2020 didn’t violate their rights, Fifth District appellate judges ruled on June 15. -
Fifth District reverses Hoerner, rejecting St. Clair County jurisdiction in battery suit
MOUNT VERNON – St. Clair County Circuit Judge Kevin Hoerner committed error by identifying South Dakota resident Lynna Clemens as an Illinois resident, Fifth District appellate judges ruled on May 24. -
Fifth District denies St. Clair Co jurisdiction for plaintiffs passing through the county in med mal suit
MOUNT VERNON – Traveling from Chester to St. Louis - through St. Clair County - didn’t qualify Randolph County residents Randall and Samantha Draves as St. Clair County plaintiffs, Fifth District appellate judges ruled on May 2. -
ALA to host roundtable luncheon, judicial panel with Fifth District justices
The Appellate Lawyers Association (ALA) is hosting a luncheon to honor the Fifth District Appellate Court justices in Collinsville on May 19. -
Two new Dem IL Supreme Court justices asked to step aside from hearing challenge to IL 'assault weapons' ban
Lawyers for plaintiffs say Justices Rochford and O'Brien both accepted millions in campaign contributions and endorsements from Gov. Pritkzer, other top Dems, and gun rights activists, making it difficult for public to believe they can be impartial on gun ban challenges -
Fifth District: Banning social media for child sex offender violates free speech
MOUNT VERNON – Banning social media for sex offenders on supervised release violates the First Amendment guarantee of free speech, Fifth District appellate judges ruled on March 1. -
Pritzker, Raoul: No 'fundamental right' to own, sell 'assault weapons' in IL, ask IL high court to toss TRO
Gov. JB Pritzker and Attorney General Kwame Raoul have asked the Illinois Supreme Court to immediately vacate a temporary restraining order upheld by a state appeals court, which had ruled the state ban on "assault weapons" trampled the state constitution -
Fifth District affirms IL gun ban restraining order, urges state Supreme Court to address legislature's 'repeated ethical lapses'
The Fifth District Appellate Court found that the state’s new weapons ban violates the equal protection clause for the right to keep and bear arms under the Illinois Constitution, affirming a temporary restraining order and banning the state from enforcing the controversial law.