Court’s order denying motion for leave to file successive petition reversed where trial court failed to consider youthful characteristics of defendant at sentencing
Appellate court reverses trial court’s order denying motion for leave to file successive petition where petitioner showed that trial court did not consider defendant’s youth at the time of sentencing.
Failure to serve notice to the State rendered appellant unable to challenge the timeliness of the circuit court’s sua sponte dismissal of his 2-1401 petition
Because petitioner failed to serve notice of his 2-1401 petition on the State, the Court was required to “presume the circuit court’s order conforms with the law,” as the burden of presenting a sufficiently complete records falls upon the appellant. Moreover, the Court held that failure to serve notice to the State rendered appellant unable to challenge the timeliness of the circuit court’s sua sponte dismissal.
Appellate court affirms denial of post-conviction petition that failed to make a showing of actual innocence
Appellate court affirms denial of post-conviction petition alleging actual innocence when the newly discovered evidence would not have changed the result on re-trial.
Court holds that pro se post-conviction petitioner must be given access to trial counsel’s case file
A pro se post-conviction petitioner must be given access to his trial counsel’s file.
Appellate court affirmed the denial of a defendant’s post-conviction petition where the defendant claimed that his attorney prevented him from testifying.
First District Appellate Court reverses denial of successive post-conviction petition where petitioner showed adequate evidence of actual innocence.
Court holds that “cause” and “prejudice” not met on proportionate penalties claim that does not arise out of Miller
Proportionate penalties clause argument does not meet cause-and-prejudice test for successive petitions.
When State participates in successive petition determination, automatic reversal is only warranted if error is structural
When the State participates in the trial court’s determination as to whether a petitioner has met the cause-and-prejudice test for a successive petition, automatic reversal is only warranted when the error is structural.
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.