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. Allen, 2020 IL App (3d) 180317, appealed the decision of the trial court dismissing Allen’s petition for relief from judgment, arguing on appeal that the circuit court denied him his right to due process by granting the State’s motion to dismiss without notifying or giving Allen an opportunity to respond. The Third District ultimately vacated the circuit court’s order granting the State’s motion to dismiss and remanded for further…
The appellant in People v. House, 2020 IL App (3d) 170655, appealed the decision of the trial court dismissing his post-conviction petition at the second stage of post-conviction proceedings, arguing on appeal that the circuit court erred by denying the petition because House had made a substantial showing of actual innocence. The Appellate Court of Illinois Third District ultimately reversed the decision of the Circuit Court of Peoria County and remanded for further proceedings.…
UPDATE: The Illinois Supreme Court granted the defendant’s petition for leave to appeal in this case on May 27, 2020. I have not read the PLA, but I anticipate that the question of law the Court will be resolving is whether a new defense theory based on a change in the law can be considered “newly discovered” evidence of actual innocence. Interesting question. We will have to see what the Court does with that. Could…
The appellant in People v. Dunn, 2019 IL App (1st) 150198 appealed the trial court’s decision denying him leave to file a successive petition for relief under the Post-Conviction Hearing Act, arguing on appeal that he had standing under the Act to pursue his claim of actual innocence because of his ongoing requirement that he register as a sex offender. The Appellate Court affirmed. Maurice Dunn was originally charged with, and convicted of, rape and…
The appellant in People v. White, 2020 IL App (5th) 170345 appealed the trial court’s order denying his motion for leave to file a successive post-conviction petition, alleging that White made a sufficient showing of cause-and-prejudice in his motion. The Fifth District Appellate Court affirmed. Douglas White was originally charged and convicted of two counts of first-degree murder and one count of concealment of a homicidal death related the murder of his grandmother and…
The appellant in People v. Abtahi, 2020 IL App (1st) 181631, appealed the trial court’s order dismissing his section 2-1401 petition, arguing on appeal that the circuit court erred by dismissing the petition without considering his argument on the merits. The First District Appellate Court affirmed. Farzad Abtahi was originally charged with manufacture or delivery of a substance containing heroin. Prior to trial, Abtahi and the State agreed that he would plead guilty to…
The appellant in People v. Carrasquillo, 2020 IL App (1st) 180534 appealed the trial court’s order dismissing his section 2-1401 petition and motion for leave to file his successive post-conviction petition, which argued that the trial court was biased and that the defendant’s sentence was a de facto life sentence that violated the proportional penalties clause of the Illinois Constitution and eighth amendment of the U.S. Constitution. The First District affirmed the court’s dismissal…
The appellant in People v. Womack, 2020 IL App (3d) 170208 appealed the trial court’s dismissing his motion for leave to file successive post-conviction petition, which alleged that Womack satisfied the cause-and-prejudice test by demonstrating that the 20-year firearm enhancement added to his sentence violated the proportionate penalties clause of the Illinois Constitution and under Miller v. Alabama, 567 U.S. 460 (2012). The Appellate Court of Illinois Third District ultimately reversed the decision of…
The appellant in People v. Brown, 2020 IL App (1st) 170980 appealed the trial court’s order dismissing his pro se post-conviction petition claiming ineffective assistance of trial counsel. Brown argued on appeal that the circuit court erred by dismissing his petition where he made a substantial showing of a constitutional violation. The Appellate Court affirmed. Kiar Brown was originally charged and convicted of first degree murder and sentenced to 55 years’ imprisonment. Id. at ¶ 1. At…
The appellant in People v. Suggs, 2019 IL App (2d) 170632 appealed the trial court’s order summarily dismissing his pro se post-conviction petition, which argued that the prohibition against the imposition of de facto life sentences should be extended to cover “young adult offenders” who are no longer juveniles. The appellate court affirmed. Montago Suggs was originally charged with and convicted of first degree murder, attempted murder, and attempted armed robbery with a firearm. At…