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Illinois Supreme Court Announces Guilty Plea Doesn’t Bar Postconviction Claim of Actual Innocence and Provides Framework for Review

Loaded on Jan. 15, 2021 by Douglas Ankney published in Criminal Legal News February, 2021, page 28
Filed under: Actual Innocence/Claim of Innocence, Plea Agreements/Guilty Pleas. Location: Illinois.

by Douglas Ankney

In a case of first impression, the Supreme Court of Illinois held that a plea of guilty doesn’t bar a defendant from later asserting an actual innocence claim under Illinois’ Post-Conviction Hearing Act, 725 ILCS 5/122 et seq. (West 2016) (“Act”) and announced the procedural framework for ...

 

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  1. Staggering Injustice, by Derek Gilna
  2. Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation, by Dale Chappell
  3. Federal Habeas Corpus: Retroactivity of New Rules, by Dale Chappell
  4. Sex Panic: The War on Sex Offenders as Public Enemy Number One, by Michael Fortino, Ph.D
  5. Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There, by Douglas Ankney
  6. Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy, by Dale Chappell
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  9. California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death, by Dale Chappell
  10. Ninth Circuit: Reasonable Suspicion Justifying Traffic Stop Doesn’t Provide Probable Cause to Open Door and Lean Inside Vehicle, by Douglas Ankney
  11. Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong., by Ian MacDougall
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  13. Michigan Voters Approve Constitutional Amendment to Protect Electronic Data and Communications, by Anthony Accurso
  14. Kansas Supreme Court Clarifies State Law Does Not Preclude Consent to Search Through Nonverbal Conduct, by Douglas Ankney
  15. Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply, by Dale Chappell
  16. Eighth Circuit Announces ‘Use of Minor’ Enhancement Inapplicable for Merely Buying Firearm From Minor, by Dale Chappell
  17. Illinois Supreme Court Announces Guilty Plea Doesn’t Bar Postconviction Claim of Actual Innocence and Provides Framework for Review, by Douglas Ankney
  18. Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute, by Douglas Ankney
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  21. SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions, by Dale Chappell
  22. Eleventh Circuit: District Court ‘Mischaracterizing’ Habeas Claim Left Claim Unresolved in Violation of Clisby, Requiring Remand, by Dale Chappell
  23. New York Man Exonerated of Murder and Freed After 25 Years in Prison, by Douglas Ankney
  24. Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings
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