Illinois Supreme Court declines to extend Krankel hearings to post-conviction cases The petitioner in People v. Custer, 2019 IL 123339, requested the Illinois Supreme Court to extend procedures and protections established in People v. Krankel to claims of unreasonable...
Summary dismissal of petition was proper where appellate counsel was not ineffective for failing to argue improper sentencing factors
Summary dismissal of petition was proper where appellate counsel was not ineffective for failing to argue improper sentencing factors The appellant in People v. Todd, 2019 IL App (3d) 170153 appealed the trial court’s order summarily dismissing his pro...
Illinois Supreme Court grants leave to appeal in several post-conviction cases
Appellate court held that mandamus petition could not be dismissed sua sponte The appellant in Williams v. Dorethy, 2019 IL App (3d) 180135 appealed the decision of the trial court dismissing his mandamus petition sua sponte, on the grounds the court erred in doing...
Petition failed to state gist of constitutional claim where the testimony that petitioner complained of was admissible.
Appellate Court considers whether a clemency decision is reviewable and subject to constitutional challenge
Appellate Court considers whether a clemency decision is reviewable and subject to constitutional challenge The appellant in People v. Ramsey, 2019 IL App (3d) 160759, appealed the trial court’s order dismissing his post-conviction petition at the second stage of...
Appellate court reverses trial court’s denial of successive petition where defendant shows that trial counsel did not communicate plea offer to him
Appellate court reverses trial court’s order denying successive petition for post-conviction relief where the defendant made a showing that trial counsel failed to communicate plea offer to him.
Appellate court holds that State improperly participated in post-conviction hearing but decided not to remand
Appellate court finds that State impermissibly participated in post-conviction proceedings but decides not remand for further proceedings and instead conducts its own review of whether petitioner satisfied the cause and prejudice requirement.
Appellate Court holds that imprisonment doesn’t excuse a petitioner’s failure to attach supporting material to his post-conviction petition
The court will not excuse a post-conviction petitioner’s failure to attach supporting evidence to his pro se post-conviction petition on the basis that he is in prison.
Denial of leave to file successive petition reversed where day-for-day eligible 80-year sentence constituted de facto life sentence
Even though defendant’s 80-year sentence was eligible for day-for-day credit, it still constituted de facto life sentence under People v. Buffer because good-time credit is not guaranteed.