Nate Nieman

Connect: https://illinoispostconviction.comhttps://www.lexblog.com/author/natenieman/feed/
Firm/Organization: Nate Nieman, Attorney at Law
Blogs: Illinois Post-Conviction Blog

Latest Articles

In People v. Bates, 2019 IL 124143, the Illinois Supreme Court was asked to decide whether statements made by counsel during a hearing on a motion for new trial, stating his surprise at the depth of evidence introduced and admission that he would have had the evidence tested by experts if he’d known the depth, constituted an admission of ineffective assistance of counsel requiring a Krankel hearing. Bates was originally arrested and charged with…
The appellant in People v. Fathauer, 2019 IL App (4th) 180241 appealed the trial court’s order dismissing his post-conviction petition on grounds that the court erred by granting post-conviction counsel’s motion to withdraw in light of a stated claim for ineffective assistance of counsel and post-conviction counsel’s failure to amend his pro se petition. The Fourth District Appellate Court affirmed. Fathauer was originally convicted of participation in methamphetamine manufacturing and obstruction of justice, and…
The appellant in People v. Downing, 2019 IL App (1st) 170329 appealed the trial court’s decision denying a request made by the State for a Krankel inquiry into alleged ineffective assistance of Downing’s trial counsel. The First District held that, despite an initial answer to the contrary, a Krankel inquiry was necessitated in this case, reversing the judgment of the circuit court, and remanding for Krankel proceedings. Id. at ¶ 4. Downing was found guilty of possession…
The appellant in People v. Downing, 2019 IL App (1st) 170329 appealed the trial court’s decision denying a request made by the State for a Krankel inquiry into alleged ineffective assistance of Downing’s trial counsel. The First District held that, despite an initial answer to the contrary, a Krankel inquiry was necessitated in this case, reversing the judgment of the circuit court, and remanding for Krankel proceedings. Id. at ¶ 4. Downing was found guilty of possession…
The appellant in People v. Watkins, 2019 IL App (4th) 180605 appealed the decision of the trial court striking his post-plea motions to withdraw his guilty pleas as untimely and summarily dismissing his post-conviction petition. The Fourth District affirmed the judgments of the trial court because the appellant withdrew his challenges to the dismissal of his post-plea motions and found the post-conviction petition to be frivolous and patently without merit. Id. at ¶ 2. Watkins…
The appellant in People v. Watkins, 2019 IL App (4th) 180605 appealed the decision of the trial court striking his post-plea motions to withdraw his guilty pleas as untimely and summarily dismissing his post-conviction petition. The Fourth District affirmed the judgments of the trial court because the appellant withdrew his challenges to the dismissal of his post-plea motions and found the post-conviction petition to be frivolous and patently without merit. Id. at ¶ 2. Watkins…
The appellant in People v. Cathey, 2019 IL App (1st) 153118, appealed the decision of the trial court dismissing two petitions seeking relief from convictions, on grounds that the court erred by dismissing his petition filed pursuant to section 2-1401 of the Code of Civil Procedure attacking his convictions under the one-act, one-crime rule. Appellant further contended that his petition “in nature of writ of error coram nobis” sufficiently stated a claim of actual innocence…
The appellant in People v. Cook, 2019 IL App (1st) 161428, appealed the trial court’s denial of his pro se “Motion for New Trial for Newly Discovered Evidence, State’s Miscarriage of Justice for Withholding Evidence in Defendants Judicial Proceedings.” Cook contended that the court erred in re-characterizing his motion as a successive post-conviction petition and denying him leave to file it without first notifying him and giving him an opportunity to withdraw or amend…
The appellant in People v. Morrow, 2019 IL App (1st) 161208, appealed the decision of the trial court denying him leave to file a successive post-conviction petition on grounds that his appellate counsel was ineffective for failing to ask the court to remand for re-sentencing following the vacation of his armed robbery conviction. The appellate court ultimately affirmed the trial court’s order. Morrow was convicted of murder and armed robbery after a jury trial…
The appellant in People v. Carlisle, 2019 IL App (1st) 162259, appealed the trial court’s order dismissing his pro se petition for post-conviction relief as frivolous and patently without merit on grounds that the petition stated the gist of a constitutional claim of ineffective assistance of appellate counsel. Id. at ¶ 2. The appellate court was unable to find that trial or appellate counsel was ineffective and therefore affirmed the decision of the trial court.…