Mr. Nieman primarily publishes at Illinois Post-Conviction Blog, where he writes about recent developments in the area of criminal collateral attacks. He has also written several articles on criminal law and procedure for the Northern Law Blog, and his articles were also published in the February and March 2011 issues of the Kane County Bar Briefs and the March 2011 issue of the ISBA’s Traffic Law and Courts. PDFs of these articles are found below.
- “New Grounds for Challenging Red Light Tickets After PA 96-1016 and Melendez-Diaz,” ISBA Traffic Law & Courts (March 2011). Read Full PDF >>
- “New Duties for Criminal Defense Counsel After People v. Padilla,” Kane County Bar Briefs 30 (February 2011). Read Full PDF >>
- “Harassment Statutes After People v. Cardamone: Lowering the Bar for Conviction but Raising Constitutional Questions,” Kane County Bar Briefs 38 (June 2010). Read Full PDF >>
- Trial court improperly dismissed 2-1401 petition by not giving defendant time to respond
- Post-conviction counsel’s motion to withdraw was insufficient when it didn’t address all claims in pro se petition
- Court finds counsel ineffective for failing to appeal defendant’s sentence.
- Sealing cases when still owing fines might get easier with Ill. HB 5341
- We will be back soon….
- “Appellate Court Declines to Extend Admonition Exception For Untimely Filed Notice of Appeal in Criminal Case”
- Counsel has no duty to advise on availability of good-time credit because it is collateral consequence of plea (People v. La Pointe, 2015 IL App (2d) 130451)
- The 30-day waiting period for sua sponte dismissal of 2-1401 petitions does not apply for successive 2-1401 petitions (People v. Donley, 2015 IL App (4th) 130223)
- Post-conviction petitions must be supported by evidence; if that is in the form of an affidavit, then the affidavit must be notarized (People v. Brown, 2015 IL App (1st) 122940)
- Partner Nate Nieman weighs in on recent U.S. Supreme Court case of Rodriguez v. United States in @Dispatch_Argus article