First District reverses dismissal of post-conviction petition based on Brady violation allegation In People v. Morales, 2019 IL App (1st) 160225, the First District Appellate Court reviewed and ultimately reversed the decision of the Circuit Court of Cook County...
Illinois’ new Cannabis Regulation and Tax Act now makes certain marijuana offenses eligible for expungement. See post for more details.
Appellate court finds that the the trial court erred in dismissing post-conviction petition on timeliness grounds but finds that the substantive merits of the petition were otherwise lacking.
Court holds that all evidence in support of a petitioner’s claims must be attached to the post-conviction petition, which counsel failed to do
Appellate Court remanded case for 651(c) compliance where post-conviction counsel did not attach evidence in support of petitioner’s claims to the amended petition filed on petitioner’s behalf
An appellate court lacks the supervisory authority that would allow it to review an as-applied constitutional claim that was not raised in a post-conviction petition
The appellate court determined, regardless of fundamental fairness, it was unable to grant the requested relief because the “as-applied constitutional challenge has been waived” under the aforementioned guidelines of the Act. Ultimately, the court held that unlike the Illinois Supreme Court, the appellate court lacks “the supervisory authority that would allow us to review an as-applied constitutional claim that was not actually raised in the petition.”
Because the validity of the guilty plea entered by defendant was not called into question upon appeal, that appellant remains bound by his guilty plea and that “his claim of actual innocence cannot be entertained.”
In ground-breaking new decision, Illinois Supreme Court determines what constitutes a de facto life sentence for juveniles
Buffer is likely to have a significant impact on the development of juvenile sentencing law in the state of Illinois. In fact, just today, the court vacated my client’s 45-year sentence vacated pursuant to Buffer after his successive post-conviction petition was granted.
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.
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 that our readers will enjoy the other great blogs highlighted by LexBlog and Illinois Lawyer Now!
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.