In People v. Whalen, 2019 IL App (4th) 190171, the State appealed the trial court’s order granting defendant Donald Whalen’s 2-1401 petition vacating his murder conviction and ordering a new trial. The State argued that Whalen’s claims were time
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.
Latest from Illinois Post-Conviction Blog - Page 2
Defendant’s post-conviction petition properly denied when he sought new counsel on the day of trial
By Nate Nieman
The appellant in People v. White, 2019 IL App (4th) 160793, appealed the trial court’s order dismissing his pro se post-conviction petition, which alleged that trial counsel was ineffective and the trial court violated his right to be represented…
Court holds that an acquittal does equate to factual innocence
By Nate Nieman
The appellant in People v. Quickle, 2019 IL App (3d) 170281 appealed the trial court’s order denying his motion for leave to file a second successive postconviction petition. Ultimately, the appellate court affirmed the trial court.
Donald Quickle was…
Order denying motion for leave to file successive petition was vacated and defendant received new sentencing hearing after receiving de facto life sentence
By Nate Nieman
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…
Petitioner’s motion for leave to file successive petition was properly denied where petitioner did not show that his involuntarily intoxication defense would have prevailed at trial
By Nate Nieman
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…
Appellate counsel was not ineffective for failing to pursue appeal when defendant was fugitive
By Nate Nieman
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…
Appellate Court holds that petitioner’s 27-year sentence is not de facto life sentence
By Nate Nieman
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…
Appellate Court holds that State cannot participate in motion to reconsider denial motion for leave to file successive petition
By Nate Nieman
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…
Order denying post-conviction petition reversed where trial counsel promised in opening statement that defendant would testify and then advised defendant not to testify during trial
By Nate Nieman
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,…
Order denying post-conviction petition reversed where trial counsel promised in opening statement that defendant would testify and then advised defendant not to testify during trial
By Nate Nieman
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,…