 |
|
|
|
Post-Conviction Petitions Home :: Criminal Defense :: Post Conviction Petitions A Post-Conviction Petition, not unlike Habeas Corpus actions pursued in federal court, is a collateral procedure available to certain individuals through which criminal convictions may be challenged. Under Illinois law, the Post-Conviction Hearing Act ("Act")(725 ILCS 5/122—1 et seq. (West 1996)), allows a petitioner to raise a constitutional argument that was neither raised on direct appeal, or waived. For example, ineffective assistance of appellate counsel. Petitioners may also raise claims of actual innocence. The Post-Conviction Hearing Act Creates a three-stage process for review. First, a petition is submitted in the court of conviction and the trial judge must decide, without any input from the prosecutor, whether the petition states the gist of a constitutional claim. The judge either dismisses the petition as frivolous, or moves the petition to Stage II, During Stage II of the post-conviction process the prosecution may file a response, and the defendant may amend his or her petition. The judge then decides to dismiss the petition, or moves the petition to Stage III. During Stage III, and evidentiary hearing is held on the petition. There are strict time requirements, and other procedural hurdles, that must be complied with in a post-conviction petition. |
p. 708.434.1267 |
