Illinois Fifth District Appellate Court News

Overstreet reflects on successful election campaign to 10-year term at Fifth District

By John Breslin | Nov 26, 2018

Justice David Overstreet has described it as an honor to be elected by voters across 37 counties as he gains a permanent position on the Fifth District Appellate Court.

Workers' compensation lawsuit dismissed for lack of appellate jurisdiction

By Mary Ann Magnell | Nov 18, 2018

MT. VERNON, Ill.— An appellate court recently dismissed a lawsuit for lack of appellate jurisdiction in a 2014 worker's compensation claim case under the Illinois Workers’ Compensation Act (Act) against Bi-State Development Agency, doing business as Metro Transit.

Despite claims of ineffective counsel, court affirms conviction on murder case

By Gabriel Neves | Nov 16, 2018

MT. VERNON -- The first-degree murder conviction of a St. Clair County man was affirmed by the court, despite claims of ineffective legal counseling.

Democrat candidates facing St. Clair Co.-only voters win big - not so much for two crossing county line

By Record News | Nov 13, 2018

BELLEVILLE – St. Clair County Democrats won nearly all the local races on Nov. 6, but two who ventured beyond the county line plunged to defeat.

Appellate court affirms Mudge in slip-and-fall case against Schnuck's

By Gabriel Neves | Nov 13, 2018

MT. VERNON -- The case of a Madison County man who slipped and fell at a store parking lot, had a decision about the case affirmed in court - but not in his favor.

Overstreet wins permanent seat at Fifth District, likely shifting balance 5-2 conservative

By Ann Maher | Nov 6, 2018

Justice David Overstreet has easily won a permanent seat to the Fifth District Appellate Court.

Spending in Overstreet-Hoerner pales in comparison to $1.7M trial lawyer-funded '16 races

By Record News | Oct 30, 2018

MOUNT VERNON – Democrats who spent $1,731,670.25 on a pair of Fifth District appellate court races two years ago haven’t come close to matching that support for current candidate Kevin Hoerner.

Appellate court reverses Rudolf, orders new trial on medication overdose case

By Gabriel Neves | Oct 22, 2018

A minor who suffered an overdose of a prescribed medication due to a pharmacy's error will receive a new trial, an appellate court ruled.

Overstreet win at Fifth District could grow conservative hold on bench

By Ann Maher | Oct 16, 2018

Republican candidate for a permanent seat on the Fifth District Appellate Court, Justice David Overstreet, steers clear of addressing "trigger" issues for the trial bar - "frivolous" litigation and "caps" on damages - in questions posed by the Illinois Civil Justice League.

Convicted burglar will receive new defense attorney, appellate court rules

By Gabriel Neves | Oct 15, 2018

A man convicted of attempted burglary will receive a new defense attorney amid questions about his previous attorney's actions in the case.

Appellate court orders new hearing on murder conviction

By John Breslin | Oct 12, 2018

A man convicted of murder should receive a hearing on his claims of ineffective assistance of counsel, an appeals court ruled.

Workers' compensation benefits denied to railroad worker, appellate court rules

By Gabriel Neves | Oct 11, 2018

A Madison County laborer will not receive workers' compensation benefits for abdominal injuries, an appellate court ruled.

Cahokia library employee denied workers' compensation benefits, appellate court rules

By Gabriel Neves | Oct 11, 2018

A Cahokia School District employee lost an appeal disputing a decision denying her workers' compensation claims.

Man convicted of murder claims counsel did not interview all witnesses

By Mary Ann Magnell | Oct 2, 2018

A man convicted of murder should receive a hearing on his claims of ineffective assistance of counsel, an appeals court ruled.

Fifth District affirms conviction in murder of Washington Park mayor

By Charmaine Little | Sep 27, 2018

MT. VERNON –– The Fifth District Appellate Court affirmed a conviction in the first-degree murder of Washington Park Mayor John Thornton.

Appeals court ends neighbors' driveway dispute

By Charmaine Little | Sep 27, 2018

A Red Bud homeowner cannot make her neighbor pay to repair a shared easement, an appeals court ruled.

Jasper Oil Producers lose appeal against Dupo Oilfield verdict

By John Breslin | Sep 24, 2018

Dupo Oilfield Development did not break a contract with Jasper Oil Producers, an appellate court ruled on Sept. 10.

Appellate court backs decision to strip parental rights from jailed father

By John Breslin | Sep 24, 2018

Madison County Circuit Court properly stripped a convicted sex offender of his parental rights, an appeals court ruled on Aug. 30.

No evidence of other alleged crimes allowed in murder case, appeals court rules

By John Breslin | Sep 24, 2018

Prosecutors cannot introduce new evidence of earlier crimes allegedly committed by a man charged with first-degree murder, an appeals court ruled.

Couple divorced four times in 26 years in court again over property settlement

By John Breslin | Sep 20, 2018

A couple, divorced four times from each other, are in dispute over a property settlement.

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