People v. Nicholas

Defendant filed successive postconviction petition alleging that he was physically coerced into confessing by police, and that his confession was used as substantive evidence of his guilt at trial. Defendant's claims of beating and manner of beating were similar to that documented in 2006 Report of police torture at Area 2, and Defendant identified three detectives who were named as torturers by other prisoners in 2006 Report. Thus, Defendant established prejudice. Postconviction appellate counsel's failure to raise Defendant's claims on appeal was unreasonable and prejudiced Defendant. (NEVILLE and HYMAN, concurring.)