CHICAGO — A major ruling by an Illinois appeals court declares part of a state law on DUI tests unconstitutional and reverses the first-degree murder conviction of a man accused of fatally striking a mother and injuring her 6-year-old son in Chicago in 2009.
A 2-to-1 ruling by the Illinois Appellate Court 1st District this week orders a new trial for Ralph Eubanks. He was convicted in 2014 and sentenced to 40 years in prison in 48-year-old Maria Worthon’s death.
A district deputy defender told the Chicago Tribune on Wednesday that the appeals court found it was unconstitutional to have forced Eubanks without a warrant to give blood and urine tests.
Prosecutors could appeal to the Illinois Supreme Court. The Cook County state’s attorney’s office told the Tribune it’s reviewing the decision.