Illinois Post-Conviction Blog

Timely updates on Illinois post-conviction law

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.

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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 post-conviction proceedings, on grounds that the court erred by ruling, among other things, that an executive commutation could not be judicially reviewed. Ultimately, Third District affirmed. Daniel Ramsey was convicted on two counts of first-degree murder, three counts of attempted murder, one count of aggravated criminal sexual assault, one count of home invasion, and one count of residential burglary. At the time Ramsey committed the crimes, he was 18 years old. Ramsey initially received the…
The appellant in People v. Ames, 2019 IL App (4th) 170569 appealed the trial court’s order denying’s his second motion for leave to file a successive post-conviction petitio on the grounds that the circuit court erred by allowing the State to respond to the motion. Ultimately, the Appellate Court of Illinois Fourth District affirmed the decision of the Circuit Court of Sangamon County. Ames was convicted of one count of home invasion and two counts of aggravated criminal sexual assault and sentenced to consecutive terms of 28 years of imprisonment for home invasion and 6 years each for aggravated…
The appellant in People v. Harris, 2019 IL App (4th) 170261 appealed the decision of the trial court summarily dismissing his pro se petition for post-conviction relief on the grounds that his petition presented an arguable claim of ineffective assistance of counsel for failure to request a continuance to secure witness testimony for his claim of self-defense. The appellate court affirmed the dismissal. Harris was found guilty on five counts of first-degree murder, one count of attempted first-degree murder, one count of aggravated battery of a child, one count of home invasion, and one count of armed robbery at…
The appellant in People v. Peacock, 2019 IL App (1st) 170308 appealed the trial court’s decision denying leave to file his successive post-conviction petition, on the grounds that his sentence constituted a de facto life sentence and violated the eighth amendment of the United States Constitution and the proportionate penalties clause of the Illinois Constitution. The Appellate Court of Illinois First Judicial District ultimately reversed and remanded the decision of the Circuit Court of Cook County for further proceedings. Appellant Taki Peacock is currently service concurrent respective sentences of 80 years, 30 years, 30 years, and 30 years of imprisonment…
The appellant in People v. Barefield, 2019 IL App (3d) 160516 appealed the dismissal of his petition for relief from judgement (filed under section 2-1401 of the Code of Civil Procedure), on the grounds that his conviction for armed habitual criminal should be vacated because the predicate offense, his conviction for aggravated unlawful use of a weapon (AUUW), was void ab initio and should also be vacated. The Appellate Court of Illinois Third District ultimately reversed the dismissal of the petition by the trial court. Barefield was charged with armed habitual criminal after having twice been convicted of AUUW, Aggravated Robbery,…
The appellant in People v. Walker, 2019 IL App (3d) 170374 appealed the decision of the trial court’s order his pro se post-conviction petition on the grounds that the dismissal was erroneous. The Third District ultimately affirmed the decision of the Circuit Court. Eric D. Walker was charged with and pled guilty to aggravated battery and burglary and was sentenced to three years imprisonment in 2016. In 2017, Walker filed a pro se post-conviction petition, raising “numerous claims, many of which related to the representation [he] had received.” Id. at ¶ 6. Walker alleged that his attorney, the assistant public defender, conspired against him…
The appellant in People v. Parker, 2019 IL App (5th) 150192 appealed the decision of the Circuit Court of Washington County denying his motion for leave to file successive post-conviction petition. Leonard Parker was charged with four counts of first degree murder based on a theory of accountability related to the stabbing of a victim by a co-defendant, during the course of a robbery and residential burglary in September of 2000. Parker was 16 years old at the time of arrest. Id. at ¶ 2. Shortly thereafter, Parker entered into a negotiated plea agreement in which he pled guilty…
The appellant in People v. Roberson, 2019 IL App (1st) 170757 appealed the decision of the Circuit Court of Cook County dismising his pro se petition for relief from judgement (under section 2-1401 of the Code of Civil Procedure) on the grounds that the dismissal was premature since it was within 30 days of the petition’s filing. The Appellate Court of Illinois First District ultimately affirmed the decision of the Circuit Court of Cook County. Appellant Roberson was charged with one count of armed habitual criminal and two counts of unlawful use of a weapon by a felon, related…
The appellant in People v. Shaw, 2019 IL App (1st) 152994 appealed the decision of the Circuit Court of Cook County dismissing his petition for post-conviction relief, arguing that the trial court erred in dismissing his petition because he made a substantial showing of actual innocence when he presented an affidavit averring that the deceased victim had previously admitted to misidentifying him and had named another man as the offender. Germaine Shaw pled guilty and was sentenced to 28 years’ imprisonment for aggravated criminal sexual assault and 6 years’ imprisonment (to be served concurrently) for each home invasion offense,…
The appellant in People v. Dixon, 2019 IL App (1st) 160443 appealed the decision of the Circuit Court of Cook County to deny him access to his trial attorney’s file, after moving to represent himself, on the grounds that denial of access to those files rendered his waiver of post-conviction counsel invalid. The Appellate Court of Illinois First District ultimately reversed and remanded for new second-stage postconviction proceedings. Following a conviction at jury trial for first degree murder and aggravated battery, appellant Charles Dixon, expressing dissatisfaction with his representation, filed motions to discharge his attorney. Id. at ¶ 8.…
The appellant in People v. Knapp, 2019 IL App (2d) 160162 appealed the decision of the Circuit Court of McHenry County to summarily dismiss his pro se petition alleging ineffective assistance of counsel on grounds that the record positively rebutted his claims. The Appellate Court of Illinois Second District reviewed and ultimately affirmed the decision of the Circuit Court of McHenry County and assessed statutory State’s Attorney Fees. Following a conviction at trial for attempted first degree murder, two counts of aggravated battery and mob action, appellant Justin Knapp was sentenced to 16 years in Illinois Department of Corrections.…
The appellant in People v. Galvan, 2019 IL App (1st) 170150, appealed the decision of the Circuit Court of Cook County to dismiss his third-stage successive post-conviction petition on the grounds that the trial court misapplied the standard and made improper findings in regard to the petitioner’s actual innocence claims and failed to address several arguments related to Galvan’s denial of due process claims. The Appellate Court of Illinois First Judicial District reviewed and ultimately reversed the judgment of the trial court, granted appellant’s third-stage successive postconviction petition, and remanded. Following conviction at a jury trial for aggravated arson…
In the People v. Hoover, 2019 IL App (2d) 170070, the Appellate Court of Illinois Second District reviewed and ultimately affirmed the decision of the Circuit Court of Stephenson County denying Hoover leave to file a successive petition under the Post-Conviction Hearing Act, on the grounds that the proposed petition did not satisfy the cause and prejudice prongs of section 122-1(f) of the Act. Following a reneged-upon plea deal, confession and jury trial, appellant Michael Hoover was found guilty of first degree murder and armed robbery in July of 1994. Id. at ¶ 2-6. At sentencing, the court heard…
The appellant in People v. Conway, 2019 IL App (2d) 170197, appealed the decision of the Circuit Court of Winnebago County denying leave to file a second petition for post-conviction relief under the Post-Conviction Hearing Act, on the grounds that the State improperly participated in the trial court’s determination regarding leave. The Appellate Court of Illinois Second District reviewed and ultimately affirmed the decision of the Circuit Court of Winnebago County. Following a conviction at trial for armed robbery, appellant Erick D. Conway was sentenced to life imprisonment as a habitual criminal. Id. at ¶ 3. Conway’s conviction was…
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 dismissing Morales’ post-conviction petition at the first stage of proceedings, and remanded for second-stage proceedings consistent with the Post-Conviction Hearing Act. Appellant Ismael Morales was convicted at trial, along with five codefendants, of the 2007 robbery and murder of Francisco Reyes. The decisions in Morales’ (and codefendants’) case have been the subject of numerous appeals before the court, a number of which have resulted in remands for new trial. The subject of the…