The appellant in People v. Allen, 2019 IL App (1st) 162985, appealed the decision of the Circuit Court of Cook County denying leave to file his third successive pro se petition on the grounds that appellant’s mental illness renders
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 9
Court re-affirms that free-standing innocence claim cannot be brought after guilty plea
On May 8, 2019, the Appellate Court of Illinois Fourth District, having previously denied appellant Demario D. Reed’s appeal of the Macon County Circuit Court’s decision to deny post-conviction relief in People v. Reed, 2019 IL App (4th) 170090,…
In ground-breaking new decision, Illinois Supreme Court determines what constitutes a de facto life sentence for juveniles
In People v. Buffer, 2019 IL 122327, the Illinois Supreme Court reviewed, and ultimately affirmed, an appellate court’s decision to overturn the Cook County circuit court’s dismissal of a pro se post-conviction petition filed by the petitioner, Dimitri Buffer.
The petition…
Announcement: Partnership with LexBlog and Illinois Lawyer Now
Illinois Post-Conviction blog is excited to announce its new partnership with LexBlog and Illinois Lawyer Now. You can now find our blog’s content featured on LexBlog and Illinois Lawyer Now. We are very excited about this partnership and hope…
Supreme Court Holds that Counsel’s Failure to Appeal at Client’s Request Prejudices Client, Even with Plea Waiver
Visit ALA’s “The Brief” blog to read Nate Nieman’s latest analysis of the Supreme Court’s recent decision in Garva v. Idaho concerning the effect of appeal waivers on counsel’s duty to file a notice of appeal.
Defendant cannot claim actual innocence on post-conviction without also challenging the validity of his guilty plea
The appellant in People v. Reed, 2019 IL App (4th) 170090 No. 4-17-0090 appealed the decision of the Macon County circuit court to deny post- conviction relief to defendant, Demario Reed.
Reed was serving a prison sentence of 15 years…
A defendant’s motion for discovery filed after the court denied leave to file a successive petition is untimely
The petitioner in People v. Howery, 2018 IL App (3d) 160603 appealed the denial of his pro se motion for leave to file a successive post-conviction petition and motion for discovery.
While serving a life sentence for four counts of first-degree…
Petitioner must specifically claim that appellate counsel was ineffective
The petitioner in People v. Stockton, 2018 IL App (2d) 160353 pleaded guilty to murder and was sentenced to 50 years in prison. She then filed a post-conviction petition, alleging that her Sixth Amendment rights were violated because the trial…
Defendant on sex offender registry does not have standing to file a post-conviction petition
The First District grappled with two related issues in People v. Begay, 2018 IL App (1st) 150466 that were ultimately resolved against the defendant-petitioner. The petitioner, with the assistance of an attorney, filed a post-conviction petition. There are three…
Remand necessary when State offers input on motion for leave to file successive petition
The petitioner in People v. Baller, 2018 IL App (3d) 160165 filed a pro se motion for leave to file successive post-conviction petition. When a petitioner is filing a second or subsequent post-conviction petition, he must be granted permission, or leave, from…