Wrongful Conviction & Post-Conviction Relief

Wrongful conviction work begins where the direct appeal ends. It requires reading the entire record, identifying constitutional issues that were not raised or developed, and building a new record through investigation. This is some of the most difficult work in criminal law.

Illinois Post-Conviction Procedure

Illinois provides several post-conviction remedies. The Post-Conviction Hearing Act, 725 ILCS 5/122-1, allows a defendant to raise claims that his or her conviction or sentence violated the United States or Illinois Constitution. A separate statute, 735 ILCS 5/2-1401, covers petitions for relief from judgment based on newly discovered facts. Each has different deadlines, pleading standards, and procedural traps.

The firm handles post-conviction matters at every stage, including:

• Initial petitions under the Post-Conviction Hearing Act
• Successive petitions, which require leave of court and a showing of cause and prejudice or actual innocence
• Section 2-1401 petitions based on newly discovered evidence
• Federal habeas corpus petitions under 28 U.S.C. § 2254 after state remedies are exhausted
• Representation before the Illinois Torture Inquiry and Relief Commission for claims of police-coerced confessions

Newly Discovered Evidence Claims

Evidence that was not available at the time of trial can support a new trial in limited circumstances. The evidence must be material, not merely cumulative, and of such conclusive character that it would probably change the result on retrial. DNA results, recanted witness testimony, undisclosed Brady material, and new forensic science findings are common categories. The firm has handled cases involving each.

Constitutional Claims

Many wrongful convictions trace back to constitutional violations that went unnoticed at trial or on direct appeal. Ineffective assistance of counsel under Strickland v. Washington remains the most frequently raised ground. Brady violations, in which the prosecution failed to disclose exculpatory evidence, are another. Coerced confessions, suggestive identification procedures, and improper jury instructions also support post-conviction relief in the right case.

Illinois Torture Inquiry and Relief Commission

The Illinois Torture Inquiry and Relief Commission was created to investigate claims of torture by Chicago police officers, particularly the Jon Burge cases. The Commission operates outside the ordinary appellate process and has its own procedural rules. A successful Commission finding can lead to a judicial referral for a new evidentiary hearing in the convicting court.

The Reality of This Work

Post-conviction cases take years. Records have to be obtained, often from prosecutors and police departments that are not eager to produce them. Witnesses have to be located, sometimes decades after the fact. Experts have to be retained and prepared. Procedural bars and statutes of limitations have to be navigated. The firm takes on these cases because the stakes, often a person's freedom and reputation, justify the effort. If you or a family member believes a conviction was wrong, the firm will read the record and give an honest assessment.