Illinois Fifth District Appellate Court News

Fifth District reverses Matoesian's order granting default judgment against nursing home resident

By Glenn Minnis | Apr 19, 2019

MT. VERNON -- The Fifth District Appellate Court reversed Madison County Circuit Judge Andreas Matoesian’s order granting default judgment in favor of a nursing care facility that sued a resident for allegedly reneging on his contractual obligations to pay for services.

Appellate court roundtable to be held in Collinsville

By Keri Carbaugh | Apr 17, 2019

A roundtable to honor the Justices of the Fifth District Appellate Court will be held May 17 in Collinsville, presented by the Appellate Lawyers Association (ALA).

Retrial underway in Mudge's court for UPS worker's suit alleging injuries from dog attack

By Heather Isringhausen Gvillo | Apr 16, 2019

A trial on damages only in a suit involving a dog attack is underway in Madison County Circuit Judge William Mudge’s court after the case’s previous jury award was vacated by the Fifth District Appellate Court over speculative testimony.

Appeals court reverses sexual abuse conviction

By John Breslin | Apr 3, 2019

MOUNT VERNON -- A sex offense conviction was reversed after the trial court judge committed an error when he found the defendant guilty of a lesser offense rather than the one he was charged with, an appeals court has ruled.

Appellate court reverses denial of inmate's habeas corpus request, cites lack of jurisdiction

By Charmaine Little | Mar 22, 2019

MOUNT VERNON, Ill. -- A circuit court should not have denied a man’s request for habeas corpus because of improper venue and lack of jurisdiction, the Illinois Fifth District Appellate Court determined as it reversed and remanded the case.

Fifth District affirms ruling favoring East St. Louis school district in severance pay dispute

By Takesha Thomas | Mar 22, 2019

MOUNT VERNON -- The Fifth District Appellate Court affirmed a ruling out of St. Clair County Circuit Court that found East St. Louis School District 189 did not violate the Wage Payment and Collection Act when it did not provide severance pay for a retired administrator.

Office of the State Appellate Defender allowed to withdraw from man's appeal of sentence in 2003 arson

By Charmaine Little | Mar 22, 2019

MT. VERNON – Illinois' Fifth District Appellate Court recently agreed with the Office of the State Appellate Defender (OSAD) in dismissing a man's motion for a reduced sentence after he had agreed to plead guilty to aggravated arson.

Court settles postmarital dispute over business bank account, lake house

By Charmaine Little | Mar 20, 2019

MOUNT VERNON, Ill. -- The Illinois Fifth District Appellate Court reversed on March 19 a lower court’s ruling that money in a husband’s bank account was a nonmarital property.

Fifth District awards $21,979 to woman in dispute over tax refund

By Takesha Thomas | Mar 19, 2019

MT. VERNON – The Fifth District Appellate Court granted half of a tax refund in a martial settlement agreement, reversing a Madison County Circuit Court ruling that denied the spouse's claim.

Fifth District affirms conviction in distracted driving case where defendant was videotaping Wood River cops

By John Breslin | Mar 11, 2019

MOUNT VERNON -- A jury was correct in finding a defendant guilty of driving while improperly using an electronic device, the Fifth District Appellate Court has ruled.

Court throws out convict's appeal for post-conviction relief over sentencing

By John Breslin | Mar 11, 2019

MOUNT VERNON -- An appeals court has ruled against a convicted violent offender who sought post- conviction relief over consecutive sentences handed down by a trial judge.

Fifth District affirms ruling in woman's sex offender registration dispute

By Charmaine Little | Mar 8, 2019

MOUNT VERNON -- The Fifth District Appellate Court affirmed St. Clair County Circuit Judge Robert Haida's ruling denying a woman's motion to withdraw her negotiated guilty plea and vacate her sentence following charges for aggravated criminal sexual abuse.

Fifth District dismisses case against man who sought release from DHS mental health facility

By Charmaine Little | Mar 5, 2019

MOUNT VERNON -- The Fifth District Appellate Court dismissed a man’s appeal for conditional release from a mental treatment center as moot because his actual release date was last year.

Fifth District affirms denial of disability benefits for former custodian

By Charmaine Little | Mar 1, 2019

MOUNT VERNON -- The Illinois Fifth District Appellate Court affirmed a circuit court's ruling that a custodian isn't owed total and permanent disabilities from the Illinois Municipal Retirement Fund, or IMRF.

Appeals court rules 22-year sentence for armed violence not excessive

By John Breslin | Mar 1, 2019

MOUNT VERNON, Ill. -- A 22-year sentence imposed by a circuit court judge after a pleaded guilty to armed violence was not excessive, the Illinois Fifth District Appellate Court has affirmed.

Appeals court upholds long sentence in sexual assault case

By Glenn Minnis | Feb 25, 2019

MOUNT VERNON -- The Illinois Fifth District Appellate Court has affirmed a circuit court’s ruling where a man was sentenced to 140 years in prison after he was convicted in the sexual assault of a child.

Fifth District upholds vehicle forfeiture ruling

By Glenn Minnis | Feb 22, 2019

MOUNT VERNON -- The Illinois Fifth District Appellate Court has affirmed a lower court’s ruling in a case where an Illinois woman sought to overturn the state's forfeiture of a vehicle she owned.

Fifth District affirms circuit court's ruling in estate dispute

By Chandra Lye | Feb 14, 2019

MOUNT VERNON -- The Fifth District Appellate Court has affirmed a circuit court decision in a complaint involving the division of an estate.

Fifth District affirms first degree murder conviction

By Chandra Lye | Feb 13, 2019

MOUNT VERNON -- The Fifth District Appellate Court has upheld a first degree murder conviction despite the defendant’s argument that he did not get a fair trial.

Fifth District affirms Collinsville burglary conviction

By John Breslin | Feb 8, 2019

MOUNT VERNON. -- A burglary conviction will stand after the Fifth District Appellate Court affirmed a jury verdict that the defendant argued was reached without sufficient evidence to find him guilty beyond reasonable doubt.

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