Illinois Fifth District Appellate Court
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Inmate serving 10 years for stealing ink cartridges, fleeing police, denied request to withdraw plea
A man serving a 10-year sentence for escaping from police custody after being arrested for stealing "several" ink cartridges from Walmart has failed in his bid to have a guilty plea withdrawn. -
Fifth District affirms denial of post-conviction relief for man accused of murder
MOUNT VERNON – The Fifth District Appellate Court affirmed St. Clair County Circuit Judge Zina R. Cruse's ruling denying a petition for post-conviction relief field by a man who was sentenced to 23 years in prison after pleading guilty to first-degree murder. -
No order entered yet on Monsanto good faith finding in settlement of 11K pollution claims
BELLEVILLE – Monsanto has answered questions of Fifth District appellate judges about settlement of 11,256 pollution claims, Bruce Cook argued for Monsanto at a May 22 hearing. -
Appellate court denies appeal in attempted murder case
MOUNT VERNON, Ill. – A panel of judges denied an appeal from Gregory Nelson, who was convicted of an attempted first-degree murder of officer William Owen in June 2015, further reinstating his 50-year sentence in a May 16 ruling. -
Appellate court reaffirms lower court’s denial of post-conviction appeal in burglary case
MT. VERNON – The Illinois Fifth District Appellate Court has denied a post-conviction appeal from Theodore R. Gleghorn, who was convicted on burglary charges for stealing a television, regarding what the defendant alleged was “ineffective assistance of counsel.” -
Fifth District denies claim for additional workers' compensation benefits for former coal worker
MOUNT VERNON -- The Fifth District Appellate Court denied a former coal company worker's claim for increased workers' compensation benefits in a case that stretches back more than two decades. -
Fifth District affirms finding that money received from son's trust is not a gift
MOUNT VERNON – The Fifth District Appellate Court affirmed a probate court’s finding that the money a woman received from her late son’s trust was not a gift. -
Fifth District reverses Matoesian's order granting default judgment against nursing home resident
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
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
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
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
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
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
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
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
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
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
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
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
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.