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
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 5
Appellate court reverses denial of 2-1401 petition where State did not file a response
By Nate Nieman
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…
Denial of pro se motion reversed where court did not notify petitioner that it was re-characterizing his pleading before denying it
By Nate Nieman
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.”…
Petitioner unable to show cause and prejudice for successive petition where he had raised a re-sentencing claim before
By Nate Nieman
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…
Post-conviction petition found meritless because evidence of petitioner’s guilt was overwhelming
By Nate Nieman
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…
Illinois Supreme Court declines to extend Krankel hearings to post-conviction cases
By Nate Nieman
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.…
Summary dismissal of petition was proper where appellate counsel was not ineffective for failing to argue improper sentencing factors
By Nate Nieman
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…
Illinois Supreme Court grants leave to appeal in several post-conviction cases
By Nate Nieman
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…
Appellate court held that mandamus petition could not be dismissed sua sponte
By Nate Nieman
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…
Appellate court affirmed dismissal of petition where prior inconsistent statements were admissible
By Nate Nieman
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…