Nate Nieman, Attorney at Law

Nate Nieman is a trial and appellate lawyer whose practice focuses on criminal defense and collateral matters. Mr. Nieman’s practice is specifcally geared towards representing criminal defendants in post-trial matters, whether in post-trial motions, post-conviction petitions, or on appeal. Mr. Nieman began his career in the Dekalb County Public Defender’s office and the Office of the State Appellate Defender – Third District before entering private practice in his hometown of the Quad Cities. Mr. Nieman’s law office is located blocks away from the Mississippi River in Rock Island, IL.

Mr. Nieman has published widely on various criminal defense topics. Mr. Nieman has written several articles on criminal law and procedure for the Northern Law Blog and several articles on criminal appellate procedure for the The Brief, which is published by the Illinois Appellate Lawyer’s Association. Mr. Nieman has also published articles in the Kane County Bar Briefs and the ISBA’s Traffic Law and Courts newsletter. Mr. Nieman founded the IPCB to deepen his knowledge of his practice area as it develops and to share those discoveries with readers who have the same interest.

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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.…
The petitioner in People v. Custer, 2019 IL 123339, requested the Illinois Supreme Court to extend procedures and protections established in People v. Krankel to claims of unreasonable assistance by post-conviction counsel in proceedings under the Post Conviction Hearing Act. Ultimately, the Supreme Court declined the invitation to expand its application of Krankel. Custer was initially charged with unlawful possession of a controlled substance. Custer entered an open guilty plea to the charge. Prior to…
The appellant in People v. Todd, 2019 IL App (3d) 170153 appealed the trial court’s order summarily dismissing his pro se post-conviction petition on the grounds that the court erred because the petition presented an arguable claim of ineffective assistance of counsel. The Appellate Court of Illinois Third District affirmed the decision of the Circuit Court of Whiteside County. Todd entered an open plea to one count of unlawful delivery of a controlled substance, which was…
The Illinois Supreme Court granted petitions for leave to appeal in a slate of interesting post-conviction cases on September 25, 2019. This means that the court has agreed to hear these appeals, and that its decision in these cases will be binding on all lower appellate and trial courts. People v. Green, 2019 IL App (2d) 160217-U (link to original opinion) Defendant argued that the trial court erred by denying his post-conviction petition because he…
The appellant in Williams v. Dorethy, 2019 IL App (3d) 180135 appealed the decision of the trial court dismissing his mandamus petition sua sponte, on the grounds the court erred in doing so. Ultimately, the Third District reversed the trial court and remanded. Keith Williams filed a pro se request for leave to file a mandamus petition against the defendants related to various violations and/or abuses of prison policies by HCC administration and staff, while incarcerated. Id. at…
The appellant in People v. Wesley, 2019 IL App (1st) 170442, appealed the trial court’s order dismissing his post-conviction petition at the first stage of post-conviction proceedings, on the grounds that he was denied due process and effective assistance of counsel by both his trial and appellate counsel. The appellate court affirmed. Terrell Wesley was charged and convicted of first degree murder for a 2008 shooting outside a grocery store in Maywood, Illinois. At…
The appellant in People v. Ramsey, 2019 IL App (3d) 160759, appealed the trial court’s order dismissing his post-conviction petition at the second stage of post-conviction proceedings, on grounds that the court erred by ruling, among other things, that an executive commutation could not be judicially reviewed. Ultimately, Third District affirmed. Daniel Ramsey was convicted on two counts of first-degree murder, three counts of attempted murder, one count of aggravated criminal sexual assault, one count…