In People v. Whalen, 2019 IL App (4th) 190171, the State appealed the trial court’s order granting defendant Donald Whalen’s 2-1401 petition vacating his murder conviction and ordering a new trial. The State argued that Whalen’s claims were time
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.
Latest from Nate Nieman, Attorney at Law - Page 2
Defendant’s post-conviction petition properly denied when he sought new counsel on the day of trial
The appellant in People v. White, 2019 IL App (4th) 160793, appealed the trial court’s order dismissing his pro se post-conviction petition, which alleged that trial counsel was ineffective and the trial court violated his right to be represented…
Court holds that an acquittal does equate to factual innocence
The appellant in People v. Quickle, 2019 IL App (3d) 170281 appealed the trial court’s order denying his motion for leave to file a second successive postconviction petition. Ultimately, the appellate court affirmed the trial court.
Donald Quickle was…
Order denying motion for leave to file successive petition was vacated and defendant received new sentencing hearing after receiving de facto life sentence
The appellant in People v. Paige, 2019 IL App (1st) 161563 appealed the trial court’s order denying him leave to file a successive post-conviction petition, arguing that his 50-year prison sentence, imposed for a crime that the defendant committed when…
Petitioner’s motion for leave to file successive petition was properly denied where petitioner did not show that his involuntarily intoxication defense would have prevailed at trial
The appellant in People v. Taliani, 2020 IL App (3rd) 170546, appealed the decision of the trial court denying his motion for leave to file a second successive post-conviction petition, arguing on appeal that he set forth a colorable…
Appellate counsel was not ineffective for failing to pursue appeal when defendant was fugitive
The defendant in People v. Parada, 2019 IL App (1st) 161987, appealed the decision of the trial court dismissing his petition for relief under the Post-Conviction Hearing Act at the second stage of proceedings, arguing on appeal that he…
Appellate Court holds that petitioner’s 27-year sentence is not de facto life sentence
The appellant in People v. Johnson, 2019 IL App (2d) 170646, appealed the decision of the trial court denying his motion for leave to file a successive post-conviction petition. The Second District ultimately affirmed the judgment of the trial…
Appellate Court holds that State cannot participate in motion to reconsider denial motion for leave to file successive petition
The appellant in People v. Coffey, 2020 IL App (3d) 160427, appealed the trial court’s order denying his motion for leave to file a successive post-conviction petition, arguing on appeal that the trial court erred in permitting the State…
Order denying post-conviction petition reversed where trial counsel promised in opening statement that defendant would testify and then advised defendant not to testify during trial
The appellant in People v. Gunn, 2019 IL App (4th) 170653, appealed the trial court’s order dismissing his amended post-conviction petition at the second-stage of proceedings, arguing that the petition made a substantial showing of a constitutional violation. Ultimately,…
Order denying post-conviction petition reversed where trial counsel promised in opening statement that defendant would testify and then advised defendant not to testify during trial
The appellant in People v. Gunn, 2019 IL App (4th) 170653, appealed the trial court’s order dismissing his amended post-conviction petition at the second-stage of proceedings, arguing that the petition made a substantial showing of a constitutional violation. Ultimately,…