People v. Terrell

Petitioner appealed from the trial court denial of his petition for a certificate of innocence filed pursuant to section 2-702 of the Code of Civil Procedure and argued that the trial court abused its discretion by applying an improper burden of proof when it found that petitioner had not proved he was innocent by a preponderance of the evidence. The appellate court affirmed, finding that petitioner’s argument he only had to provide “some evidence” of innocence was inconsistent with the plain language of the statute. (LAMPKIN and ROCHFORD, concurring)