People v. Drew

The appellate court considered a modified certified question asking whether the circuit court must enter an order for a certificate of innocence, or has no discretion to deny a certificate of innocence, in circumstances where a petitioner’s conviction was vacated following an evidentiary hearing under the Post-Conviction Hearing Act on a claim of actual innocence based on newly discovered evidence, a new trial is ordered, the petitioner was not retried, and the State dismissed all charges. The appellate court answered the question in the affirmative, explaining that once the State dismissed the charges, all of the prerequisites for a certificate of innocence were met and, once those prerequisites are met, the circuit court must enter an order for a certificate of innocence. (OCASIO and QUISH, concurring and OCASIO, specially concurring)