Rudy v. People

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 113449
Decision Date: 
January 22, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Justice: 
HALL
Holding: 
Affirmed.
Under plain language of Section 2-702(g) of Code of Civil Procedure, remedy of obtaining a certificate of innocence is personal to the individual who was wrongly convicted rather than to one suing on his or her behalf. Thus, murder Defendant's estate was not entitled to obtain a certificate of innocence to pursue a claim for damages, even if Defendant might have obtained such a certificate herself during her lifetime. Illinois Supreme Court, in reversing Defendant's conviction, did not imply that Defendant was innocent, but only that State's evidence of criminal agency resulting in death was simply insufficient. (LAMPKIN and REYES, concurring.)