Illinois Post-Conviction Blog

Timely updates on Illinois post-conviction law

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.

Latest from Illinois Post-Conviction Blog - Page 2

The appellant in People v. Peacock, 2019 IL App (1st) 170308 appealed the trial court’s decision denying leave to file his successive post-conviction petition, on the grounds that his sentence constituted a de facto life sentence and violated the eighth amendment of the United States Constitution and the proportionate penalties clause of the Illinois Constitution. The Appellate Court of Illinois First Judicial District ultimately reversed and remanded the decision of the Circuit Court of Cook…
The appellant in People v. Barefield, 2019 IL App (3d) 160516 appealed the dismissal of his petition for relief from judgement (filed under section 2-1401 of the Code of Civil Procedure), on the grounds that his conviction for armed habitual criminal should be vacated because the predicate offense, his conviction for aggravated unlawful use of a weapon (AUUW), was void ab initio and should also be vacated. The Appellate Court of Illinois Third District ultimately reversed…
The appellant in People v. Barefield, 2019 IL App (3d) 160516 appealed the dismissal of his petition for relief from judgement (filed under section 2-1401 of the Code of Civil Procedure), on the grounds that his conviction for armed habitual criminal should be vacated because the predicate offense, his conviction for aggravated unlawful use of a weapon (AUUW), was void ab initio and should also be vacated. The Appellate Court of Illinois Third District ultimately reversed…
The appellant in People v. Walker, 2019 IL App (3d) 170374 appealed the decision of the trial court’s order his pro se post-conviction petition on the grounds that the dismissal was erroneous. The Third District ultimately affirmed the decision of the Circuit Court. Eric D. Walker was charged with and pled guilty to aggravated battery and burglary and was sentenced to three years imprisonment in 2016. In 2017, Walker filed a pro se post-conviction petition, raising “numerous claims, many…
The appellant in People v. Parker, 2019 IL App (5th) 150192 appealed the decision of the Circuit Court of Washington County denying his motion for leave to file successive post-conviction petition. Leonard Parker was charged with four counts of first degree murder based on a theory of accountability related to the stabbing of a victim by a co-defendant, during the course of a robbery and residential burglary in September of 2000. Parker was 16…
The appellant in People v. Roberson, 2019 IL App (1st) 170757 appealed the decision of the Circuit Court of Cook County dismising his pro se petition for relief from judgement (under section 2-1401 of the Code of Civil Procedure) on the grounds that the dismissal was premature since it was within 30 days of the petition’s filing. The Appellate Court of Illinois First District ultimately affirmed the decision of the Circuit Court of Cook County.…
The appellant in People v. Shaw, 2019 IL App (1st) 152994 appealed the decision of the Circuit Court of Cook County dismissing his petition for post-conviction relief, arguing that the trial court erred in dismissing his petition because he made a substantial showing of actual innocence when he presented an affidavit averring that the deceased victim had previously admitted to misidentifying him and had named another man as the offender. Germaine Shaw pled guilty…
The appellant in People v. Dixon, 2019 IL App (1st) 160443 appealed the decision of the Circuit Court of Cook County to deny him access to his trial attorney’s file, after moving to represent himself, on the grounds that denial of access to those files rendered his waiver of post-conviction counsel invalid. The Appellate Court of Illinois First District ultimately reversed and remanded for new second-stage postconviction proceedings. Following a conviction at jury trial…