Chicago man granted new trial in first-degree murder charge

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CHICAGO (AP) – A major ruling by an Illinois appeals court declares parts of the state’s DUI law unconstitutional.

This ruling has reversed the first-degree murder conviction of Ralph Eubanks after he was 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 Eubanks. He was convicted in 2014 and sentenced to 40 years in prison for the death of 48-year-old Maria Worthon.

A district deputy defender told the Chicago Tribune on Wednesday that the appeals court found it unconstitutional to have forced Eubanks to give blood and urine tests without a warrant.

Prosecutors could appeal to the Illinois Supreme Court. The Cook County state’s attorney office told the Tribune it’s reviewing the decision.