Illinois Post-Conviction Blog

Illinois Post-Conviction Blog is owned and operated by attorney Nate Nieman, a post-conviction and appellate lawyer in Rock Island, IL. The IPCB was created as a resource for criminal defense lawyers and clients seeking to keep abreast of the quickly developing body of law concerning criminal collateral attacks in Illinois state courts. The IPCB is specifically focused on providing timely reporting and analysis of recent decisions involving Illinois’ Post-Conviction Hearing Act, §2-1401 petitions, state habeas corpus and mandamus actions, and the like.

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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 he was 16 years old, was unconstitutional. The appellate court reversed the decision of the circuit court and remanded for a new sentencing hearing. Melvin Paige was charged and convicted of first-degree murder, home invasion, and…
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 claim of actual innocence based on the affirmative defense of involuntary intoxication. The appellate court disagreed and affirmed. Steven Taliani was charged and convicted of first-degree murder and aggravated battery with a firearm. At his…
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 made a substantial showing that he was denied his right to effective assistance of appellate counsel where appellate counsel failed to file a docketing statement, a record on appeal, and an appellate brief, resulting in…
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 court. Derron Johnson was found guilty of first degree murder, based on the theory that he was accountable for the conduct of another individual, Andrew Proctor, who committed the acts resulting in the victim’s death.…
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 to participate in the proceedings on the motion to reconsider the denial of his motion for leave. The Third District ultimately vacated the decision of the circuit court and remanded for new proceedings for the…
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, the Appellate Court of Illinois Fourth District reversed the decision of the circuit court and remanded for a third-stage evidentiary hearing. Kendall Gunn was charged by indictment with three counts of first-degree murder for causing…
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, the Appellate Court of Illinois Fourth District reversed the decision of the circuit court and remanded for a third-stage evidentiary hearing. Kendall Gunn was charged by indictment with three counts of first-degree murder for causing…
The appellant in People v. Hawkins, 2019 IL App (3d) 160682, appealed the trial court’s order dismissing his pro se post-conviction petition at the second stage on the grounds that the court erred by ordering that he be shackled without stating the reasons for doing so and that post-conviction counsel failed to comply with Illinois Supreme Court Rule 651(c). The Appellate Court of Illinois Third District ultimately vacated the circuit court’s order and remanded…
The appellant in People v. Thornton, 2019 IL App (1st) 170677, appealed the trial court’s decision dismissing his pro se petition for  post-conviction relief on grounds that he stated an arguable claim that his 70-year sentence, for a crime he committed as a juvenile, is an unconstitutional de facto life sentence and remand is necessary as the circuit court failed to properly admonish him, pursuant to People v. Shellstrom, 216 Ill. 2d 45, before…
The appellant in People v. Thornton, 2019 IL App (1st) 170677, appealed the trial court’s decision dismissing his pro se petition for  post-conviction relief on grounds that he stated an arguable claim that his 70-year sentence, for a crime he committed as a juvenile, is an unconstitutional de facto life sentence and remand is necessary as the circuit court failed to properly admonish him, pursuant to People v. Shellstrom, 216 Ill. 2d 45, before…