Defendant sought a certificate of innocence after his conviction for possession of a controlled substance was vacated by the circuit court. Defendant died before the trial court ruled on the petition and his estate moved to substituted in the proceedings. The trial court denied the motion and dismissed the petition. The estate appealed, arguing that the certificate of innocence action survived under the Illinois Survival Act. The appellate court affirmed, finding that the Survival Act does not cover certificate of innocence actions because they are not proceeding to recover damages noting that recovery of damages requires separate proceedings in the court of claims where the certificate of innocence is used as evidence. (VAN TINE and McBRIDE, concurring)
Illinois Appellate Court
Criminal Court
Certificate of Innocence