Illinois Fifth District Appellate Court News

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.

Class action vs Allstate over rates can continue; Company, not state, set rates, appeals court says

By Dan Churney | Jan 31, 2019

In a split decision, an Illinois appeals panel has stripped Allstate Insurance of its defenses against a class action, which alleged the company unfairly billed long-term auto policyholders more than it charged new ones, saying Illinois insurers can’t protect their rates from lawsuits, because their rates are not controlled by the Illinois Department of Insurance.

High court reinstates Jasper County defense verdict involving Salem auto accident

By Record News | Jan 31, 2019

SPRINGFIELD – All seven Supreme Court Justices reinstated a defense verdict that Fifth District appellate judges overturned in a traffic injury case.

IL Supreme Court: Ex-wife can't use past temp injunction to stop husband's sons from getting his IRA

By Scott Holland | Jan 28, 2019

The Illinois Supreme Court says a man had the right to name his children the rightful heirs of his retirement funds, even though his ex-wife contended a court order in place during divorce proceedings should have prevented it.

Fifth District rejects murderer's plea for post-conviction relief

By John Breslin | Jan 21, 2019

MOUNT VERNON, Ill. -- A convicted murderer has failed in his appeal for post conviction relief and a reduction of his 20-year sentence.

Fifth District concludes doctor's testimony should be barred in elevator injury suit

By John Sammon | Jan 16, 2019

MT. VERNON – The Appellate Court for the Fifth District of Illinois denied testimony of an examining doctor in the case of a woman hurt on an elevator because her injury medical report was not delivered in a timely manner.

Monsanto pollution plaintiffs want settlement invalidated; Hearing set today

By Record News | Jan 15, 2019

BELLEVILLE – Almost 300 plaintiffs in pollution suits have called on St. Clair County Chief Judge Andrew Gleeson to invalidate a settlement between their lawyers and Monsanto.

Fifth District upholds termination of parental rights in case alleging lack of admonishment

By John Sammon | Jan 14, 2019

MT. VERNON – The Fifth District Appellate Court upheld a judgement out of the Madison County Circuit Court to terminate the parental rights of a father who alleged his termination was unfair because the court did not admonish him.

Madison County not liable for policies at children's exchange center, appeals court affirms

By John Breslin | Jan 14, 2019

A man who claimed that a Madison County child custody exchange center violated the Illinois Civil Rights Act by unfairly making non-residential parents - usually fathers - wait longer than residential parents has had his lawsuit tossed.

Fifth District affirms order allowing mother to move with minor children

By Gabriel Neves | Jan 14, 2019

MT. VERNON -- The Fifth District Appellate Court affirmed a St. Clair County circuit court ruling granting a mother's request to move to North Carolina with her minor children.

Fifth District vacates summary judgment for Metro in assault suit

By Gabriel Neves | Dec 31, 2018

MT. VERNON -- The Fifth District Appellate Court vacated summary judgment for Metro in a man's lawsuit alleging he was assaulted near an East St. Louis Metro station.

Fifth District orders new trial for man convicted of murder

By Charmaine Little | Dec 24, 2018

MT. VERNON, Ill. —A man convicted of first-degree murder will get a new trial after the Illinois Fifth District Appellate Court agreed with him that the jury should have been given instructions on his self-defense argument Nov. 19.

Supreme Court grants attorney leave to challenge appeals court decision over legal malpractice claim

By John Breslin | Dec 17, 2018

An Edwardsville attorney was granted leave to appeal by the Illinois Supreme Court in a case with its roots in a claim of legal malpractice.

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.

The Record Network