State Court News
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Woman convicted of murder gets new chance to argue drug addicted judge slept at hearing
MOUNT VERNON - Latosha Cunningham, who faces 49 years in prison, won a second chance to plead that her lawyers ignored her when she said former St. Clair County judge Michael Cook didn’t pay attention and slept in a hearing.
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Supreme Court renews hopes for wind farm developer turned down at Fifth District
SPRINGFIELD - Supreme Court Justices on Nov. 27 granted review of an appellate court decision against construction of a wind power line running 207 miles across Illinois.
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'Forum shopping' denied: Hoerner ordered to transfer Walgreen case to Christian County
MOUNT VERNON - Fifth District appellate judges ordered St. Clair County Circuit Judge Kevin Hoerner to transfer a suit against Walgreen Company to Christian County.
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SAFE-T Act pretrial jailing appeals drop 88% after court rule changes; 'Found a sweet spot,' says task force chair
The number of appeals filed by criminal defendants seeking release from jail while they await trial dropped from 1,041 in January to mid-April to 154 in the three months following rule changes to ease the burden. The appeals numbers are still up significantly compared to years preceding Illinois' criminal justice system reforms
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Madison County chief judge to retire Dec. 31; Stobbs has presided over asbestos docket 11 years
Third Circuit Chief Judge Stephen Stobbs announced Thursday he will retire on Dec. 31.
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Nameoki Township granted summary judgment in residents' suit claiming they were banned from premises
EDWARDSVILLE - Nameoki Township didn’t ban former township clerk Nick Cohan and wife Sheilby Cohan from public offices as they alleged, Madison County associate judge Ron Motil ruled on Oct. 8.
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Nursing homes can use Pritzker Covid orders to block suits over Covid deaths
The Illinois Supreme Court has ruled trial lawyers can't entirely sidestep emergency orders issued by Gov. JB Pritzker at the onset of the Covid pandemic to hit nursing homes with lawsuits over Covid deaths, even though the governor's orders appeared to protect them from such lawsuits
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'A downward spiral': Biz groups, legal reformers urge IL high court to nix bid to kill anti-forum shopping rule
The filings come in response to an attempt by the Illinois Trial Lawyers Association to seize on a dispute over the constitutionality of a controversial state law to win a long sought policy goal, which would funnel lawsuits into Cook, Madison and St. Clair counties, in pursuit of bigger, easier verdicts
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IL Supreme Court: Lawsuit damages over spouse's wrongful death must still be paid if surviving spouse remarries
The unanimous opinion said a judgment compensating one spouse for the loss of another through medical malpractice or other harm must still be paid by defendants, even if the judgment includes money for "material services" the other spouse would have provided to the household in the form of completed chores like cooking meals and washing clothes
State Court
Judge orders former county IT director Dorman to pay $43K in sanction over failed lawsuit
Madison County Associate Judge Ron Motil on Oct. 7 ordered former county IT director Rob Dorman to pay $43,305.50 in fees and costs in one of many lawsuits he's filed challenging his 2020 firing.
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Prisoner's 18-year effort to secure second trial gets new life at Fifth District
MOUNT VERNON - Fifth District appellate judges granted prisoner Charles White a hearing and a fresh lawyer on his 18 year old petition for a second trial.
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Trustee Accuses Co-Trustees of Fraudulent Transfer in Longstanding Mineral Rights Dispute
A prolonged legal conflict over mineral rights between two trusts escalates as one trustee appeals recent court decisions requiring sequestration of sale proceeds amid accusations of fraudulent transfers.
State Court
Plaintiff seeks recognition of rural road as public amid property dispute
Ross E. Shepard Jr.'s legal battle over access rights to his landlocked property hinges on whether Tamarack Road is deemed public through prolonged use or if he can secure an implied easement by necessity.
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Ex-wife ordered to reimburse maintenance payments over cohabitation
MOUNT VERNON - Stacey Colbert must reimburse former husband Roger Colbert for monthly maintenance checks he sent to her while she cohabited with Jody Short of Roxana, Fifth District appellate judges ruled on Aug. 28.
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Napp affirmed by Fifth District in sentencing convicted murderer to life
MOUNT VERNON - Madison County Circuit Judge Kyle Napp correctly imposed a mandatory life sentence on murderer Arthur Smallwood, Fifth District appellate judges ruled on Aug. 30.
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St. Clair County claims immunity in tax sale case alleging 'theft'
EAST ST. LOUIS - St. Clair County treasurer Andrew Lopinot asserts immunity against a claim that the county commits theft when it issues deeds to investors who pay delinquent taxes.
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Appellate court reverses ICC's windmill power line approval for Grain Belt Express
MOUNT VERNON - Illinois commerce commissioners approved 207 miles of windmill power line for Grain Belt Express with no plan beyond a promise of high demand and a hint of bailout, according to an Aug. 8 decision of Fifth District appellate judges.
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Attorney Cates must defend $10 million fraud claim brought by former partner Mahoney
SPRINGFIELD - David Cates of Swansea must defend a $10 million fraud claim of former partner Ryan Mahoney in Madison County circuit court rather than arbitration, Fourth District appellate judges ruled on Aug. 6.
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IL trial lawyers say state high court should remove rule limiting lawsuit 'forum shopping' in IL courts
The Illinois Trial Lawyers Association has urged the Illinois Supreme Court to use a case over the fate of a state law that limits where Illinoisans can challenge potentially unconstitutional laws to instead abolish a court rule that businesses can use to avoid being sued in Cook County, other unfriendly courts
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Collinsville HS teacher apologizes for securing OP against innocent stranger in wake of her 'F' Trump remark
COLLINSVILLE – Following the failed assassination attempt of former President Donald Trump, a Collinsville High School teacher posted on Facebook: “Fuck Trump. I’m sorry they missed.”