The appellant in People v. Allen, 2020 IL App (3d) 180317, appealed the decision of the trial court dismissing Allen’s petition for relief from judgment, arguing on appeal that the circuit court denied him his right to due process
Nate Nieman, Attorney at Law
Nate Nieman is a trial and appellate lawyer whose practice focuses on criminal defense and collateral matters. Mr. Nieman’s practice is specifcally geared towards representing criminal defendants in post-trial matters, whether in post-trial motions, post-conviction petitions, or on appeal. Mr. Nieman began his career in the Dekalb County Public Defender’s office and the Office of the State Appellate Defender – Third District before entering private practice in his hometown of the Quad Cities. Mr. Nieman’s law office is located blocks away from the Mississippi River in Rock Island, IL.
Mr. Nieman has published widely on various criminal defense topics. Mr. Nieman has written several articles on criminal law and procedure for the Northern Law Blog and several articles on criminal appellate procedure for the The Brief, which is published by the Illinois Appellate Lawyer’s Association. Mr. Nieman has also published articles in the Kane County Bar Briefs and the ISBA’s Traffic Law and Courts newsletter. Mr. Nieman founded the IPCB to deepen his knowledge of his practice area as it develops and to share those discoveries with readers who have the same interest.
Website:
https://niemanlaw.com/
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Latest from Nate Nieman, Attorney at Law
Appellate Court reverses trial court’s order denying petition raising actual innocence claim
By Nate Nieman
The appellant in People v. House, 2020 IL App (3d) 170655, appealed the decision of the trial court dismissing his post-conviction petition at the second stage of post-conviction proceedings, arguing on appeal that the circuit court erred by denying…
Petitioner’s motion for leave to file successive petition was properly denied where petitioner did not show that his involuntarily intoxication defense would have prevailed at trial
By Nate Nieman
UPDATE: The Illinois Supreme Court granted the defendant’s petition for leave to appeal in this case on May 27, 2020. I have not read the PLA, but I anticipate that the question of law the Court will be resolving is…
Defendant who had completed his sentence but was still required to register as sex offender lacked standing to file post-conviction petition
By Nate Nieman
The appellant in People v. Dunn, 2019 IL App (1st) 150198 appealed the trial court’s decision denying him leave to file a successive petition for relief under the Post-Conviction Hearing Act, arguing on appeal that he had standing under the…
Defendant’s natural life sentence was constitutional even though he was 20 at the time of the offense
By Nate Nieman
The appellant in People v. White, 2020 IL App (5th) 170345 appealed the trial court’s order denying his motion for leave to file a successive post-conviction petition, alleging that White made a sufficient showing of cause-and-prejudice in his motion.…
Dismissal of 2-1401 petition affirmed where defendant’s conviction was not void
By Nate Nieman
The appellant in People v. Abtahi, 2020 IL App (1st) 181631, appealed the trial court’s order dismissing his section 2-1401 petition, arguing on appeal that the circuit court erred by dismissing the petition without considering his argument on the…
Defendant who bribed a judge, was convicted of murdering a police officer, and was then sentenced to 600 years gets new chance to vacate sentence
By Nate Nieman
The appellant in People v. Carrasquillo, 2020 IL App (1st) 180534 appealed the trial court’s order dismissing his section 2-1401 petition and motion for leave to file his successive post-conviction petition, which argued that the trial court was biased…
Order Denying Leave to File Successive Petition Reversed Where Firearm Enhancement Violated Proportionate Penalties Clause
By Nate Nieman
The appellant in People v. Womack, 2020 IL App (3d) 170208 appealed the trial court’s dismissing his motion for leave to file successive post-conviction petition, which alleged that Womack satisfied the cause-and-prejudice test by demonstrating that the 20-year firearm…
Trial counsel was not ineffective for failing to bar testimony that would not have impacted the verdict
By Nate Nieman
The appellant in People v. Brown, 2020 IL App (1st) 170980 appealed the trial court’s order dismissing his pro se post-conviction petition claiming ineffective assistance of trial counsel. Brown argued on appeal that the circuit court erred by dismissing his petition…
Court holds that de facto life sentence rule did not apply to 23-year-old defendant sentenced to 110 years
By Nate Nieman
The appellant in People v. Suggs, 2019 IL App (2d) 170632 appealed the trial court’s order summarily dismissing his pro se post-conviction petition, which argued that the prohibition against the imposition of de facto life sentences should be extended to…