Illinois Fifth District Appellate Court
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Fifth District reveres felony conviction in Mengarelli's court; Jurors struggled with who ammunition belonged to
MOUNT VERNON – Fifth District appellate judges concluded that Madison County associate judge Martin Mengarelli's first criminal trial was spoiled as soon as it started. -
Heavy hitters tee up lawsuits in federal court to strike down IL gun ban law
Two new lawsuits were filed in federal court in Southern Illinois, where the National Rifle Association and a coalition of Illinois gun owner rights groups each asserted in separate actions that the new law backed by Gov. JB Pritzker is 'blatantly unconstitutional' and tramples Illinoisans' Second Amendment rights -
IL A/G appeals gun ban restraining order; Another 1,690 plaintiffs line up to seek a similar order in another lawsuit
Attorney Tom DeVore and the Illinois Attorney General's office will square off in court in southern Illinois again on Wednesday, as DeVore seeks another temporary restraining order on behalf of 1,600 more gun owners and shop owners throughout Illinois -
Fifth District affirms summary judgment in suit over stairway fall at Alton bar
MOUNT VERNON – Madison County Circuit Judge Christopher Threlkeld correctly ruled that Bubby and Sissy’s bar in Alton didn’t cause Lori Schnaare to fall down its stairs, according to Fifth District appellate judges. -
Fifth District reverses Johnson County murder conviction
MOUNT VERNON – Johnson County Circuit Judge James Williamson should have let jurors decide whether Dennis Schapmire killed his father by accident or on purpose, Fifth District appellate judges ruled on Dec. 21. -
Midwest Sanitary Service settles legal malpractice suit involving punitive damages dispute
After the Illinois Supreme Court concluded that lawyers can be sued by clients seeking to recover punitive damages, two St. Louis attorneys and their law firm have reached a settlement with Midwest Sanitary Services in a legal malpractice suit involving a former employee’s alleged wrongful termination. -
Barberis dissents in case against GAL over panel's failure to distinguish conduct outside court appointment
MOUNT VERNON – Appellate judges Thomas Welch and Milton Wharton found a child’s guardian restricted a father in a custody dispute without authority but they immunized her from civil liability. -
Rudolf reversed at Fifth District in dispute over phosphorous in carpet care product
MOUNT VERNON – Appellate judges found St. Clair County Circuit Judge Heinz Rudolf committed five errors when he dismissed a claim of unfair competition in the carpet cleaning business. -
Keefe suit in St. Clair County involving Washington County injury OK'd by Rudolf and Fifth District
MOUNT VERNON – St. Clair County Circuit Judge Heinz Rudolf didn’t state his reason for denying transfer of an injury suit to Washington County, so Fifth District appellate judges decided he must have had a reason. -
Fifth District finds legal malpractice 10 years after lawyer's death; Injury occurred 22 years ago
MOUNT VERNON – Ten years after lawyer Jack Quarant died, Fifth District appellate judges found he committed malpractice ten years before he died. -
Cates seeks retention to another 10 years at Fifth District; Last fiery campaign ended in 26-point defeat
MOUNT VERNON – Justice Judy Cates, whose noisy Supreme Court campaign ended in defeat by 26 points two years ago, quietly seeks retention as Fifth District Appellate Court judge. -
Cruse reversed for excluding East St. Louis murder suspect’s previous crime
MOUNT VERNON – St. Clair County Circuit Judge Zina Cruse improperly excluded evidence that murder suspect Dominic Combs committed a similar crime in similar circumstances, Fifth District appellate judges ruled on Aug. 12. -
Excessive sentence reversed after judge says addicts ‘among the most selfish people on earth’
MOUNT VERNON – Fifth District appellate court candidate Michael McHaney imposed an excessive sentence as circuit judge after calling drug addicts selfish, Fifth District judges found on May 20. -
Anti-lockdown candidates on GOP ticket crash the Party; Former Dem McHaney takes out incumbent Vaughan
XENIA – Two renegade Republicans and a former Democrat who denied the state’s authority to lock citizens down overpowered primary opponents and seized leadership of the Republican Party. -
Bost endorses Justice Vaughan for Fifth District
Justice Vaughan is the right candidate to serve Illinoisans on the Appellate Court and he has my endorsement. -
In 10 years, McHaney reversed 12 times in civil court action, Vaughan just three
MOUNT VERNON – In ten years when Fifth District appellate court candidates Michael McHaney and Barry Vaughan presided as circuit judges, the appellate court reversed McHaney 12 times and Vaughan three times in civil court litigation. -
Criminal case reversal record: As trial court judges, McHaney 8, Vaughan 4
MOUNT VERNON – While Fifth District Appellate Court candidates Michael McHaney and Barry Vaughan presided as circuit judges from 2011 to 2018, McHaney was reversed in eight criminal cases and Vaughan four. -
Kolker’s criminal contempt order against J&J VP in ’21 talcum powder trial reversed at Fifth District
MOUNT VERNON - St. Clair County Circuit Judge Christopher Kolker improperly branded Johnson & Johnson vice president Susan Nicholson as a criminal and fined her $500 without due process, according to Fifth District appellate judges. -
Appeals court record of Fifth District candidates: McHaney 25 reversals to Vaughan’s nine
MOUNT VERNON – In ten years when Fifth District appellate court candidates Michael McHaney and Barry Vaughan presided as circuit judges, the appellate court reversed McHaney 25 times and Vaughan nine times. -
Fifth District reverses $3.14 million verdict against Union Pacific over plaintiff's counsel 'blatant disregard' of court instruction
Union Pacific Railroad was denied a fair trial in St. Clair County Circuit Judge Heinz Rudolf's court because of plaintiff counsel's "inflammatory and improper" closing argument, the Fifth District Appellate Court ruled April 28.