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If only only if wasn t in statute: Regional school board was wrong to carve Roxana student into Edwardsville 7 | Madison
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Zoom is fine for due process in parental rights determination, Fifth District rules
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MOUNT VERNON – Madison County jurors who found Tavon Ludy guilty of murdering a little boy should have convicted him of involuntary manslaughter, Fifth District appellate judges ruled on Feb. 5.
Justices Thomas Welch and Milton Wharton reduced his conviction and remanded his case to Circuit Judge Kyle Napp for sentencing.
They found insufficient evidence to prove Ludy knew that punching the boy in the chest created a strong probability of great bodily harm.
They relied on testimony of pathologist Raj Nanduri, indicating the punch proved fatal due to a rare weakness of the boy’s chest wall.
Dissenting Justice Judy Cates found overwhelming evidence to support Ludy’s conviction for murder.
Wharton
MOUNT VERNON – Jonathan Little tried for five years to prove someone else caused him to crash into a railroad overpass, and Fifth District appellate judges recently ruled that he can keep trying to prove it.
On Dec. 9, they reversed a summary judgment order that St. Clair County Associate Judge Julie Katz entered for Country Mutual Insurance.
“We find there was circumstantial evidence that could potentially establish that Little’s vehicle was struck by a phantom vehicle on March 24, 2015,” Justice Milton Wharton wrote.
Little drove his sister Madie Little’s car in rain that night, on Route 13.
His report for the state transportation department stated that he slowed for a curve due to the rain and a car came up behind him at fast speed.
Rudolf
MOUNT VERNON – Circuit Judge Heinz Rudolf correctly immunized St. Clair County and its 911 emergency telephone system against a wrongful death suit, Fifth District appellate judges ruled on Dec. 9.
Justices Randy Moore and Mark Boie rejected claims of Larry Schultz, estate administrator for his late wife Laurene Schultz.
Justice Milton Wharton dissented.
Larry Schultz called 911 on Oct. 22, 2017, said his wife was under the influence of alcohol, and asked for help in keeping her from driving.
He asked the dispatcher to send police to All-Mart in Mascoutah, but the dispatcher sent police to Handi-Mart.
Laurene drove to Sax’s store, and Larry called 911 again.
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