The appellant in People v. Gallano, 2019 IL App (1st) 160570 appealed the trial court’s decision dismissing his post-conviction petition on the grounds that post-conviction counsel failed to comply with Illinois Supreme Court Rule 651(c) by failing to amend the
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.
Website:
https://niemanlaw.com/
Latest from Nate Nieman, Attorney at Law - Page 4
Court holds that petitioner does not have right to counsel (or to complain about counsel) before court grants motion for leave to file successive petition
By Nate Nieman
The appellant in People v. Moore, 2019 IL App (3d) 170485, appealed the trial court’s order denying his motion for leave to file a successive post-conviction petition on the grounds that appointed counsel provided unreasonable assistance. The Third District ultimately…
Appellate Counsel was not Ineffective for Failing to Brief All Issues in Motion for New Trial
By Nate Nieman
The appellant in People v. Borizov, 2019 IL App (2d) 170004 appealed the decision of the trial court dismissing his pro se post-conviction petition, which alleged ineffective assistance of appellate counsel for failing to raise each issue in the…
Appellate Court Questions Whether Appellate Defender’s Office Should Handle Post-Conviction Appeals
By Nate Nieman
The basic facts of People v. Buchanan, 2019 IL App (2d) 180194 are not very notable. The defendant was convicted of first degree murder and sentenced to life imprisonment. The defendant later filed a 2-1401 petition, alleging that his…
Ill. Sup. Ct. holds that State’s motion to reconsider sentence could not be heard after defendant filed notice of appeal
By Nate Nieman
The appellant in People v. Abdullah, 2019 IL 123492 appealed the trial court’s order denying his petition for relief from judgement pursuant to section 2-1401 of the Code of Civil Procedure. The Supreme Court reversed and remanded the decision…
Illinois Supreme Court holds that trial court is not required to conduct Krankel inquiry unless it is initiated by the defendant
By Nate Nieman
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…
Trial court properly granted Kuehner motion where post-conviction counsel provided evidence that claims were frivolous
By Nate Nieman
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…
Appellate Court remands for Krankel hearing where defendant makes ineffective assistance claims to Probation during PSI interview
By Nate Nieman
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…
Appellate Court remands for Krankel hearing where defendant makes ineffective assistance claims to Probation during PSI interview
By Nate Nieman
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…
Petitioner was not able to show prejudice under Strickland where he was unable to show that it would have been reasonable to reject the plea offer
By Nate Nieman
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…