Illinois Appellate Court
Criminal Court
Certificate of Innocence
According to the plain and ordinary meaning of section 2-702(g)(4) of the Code of Civil Procedure, a defendant who has pled guilty caused or brought ab out his or her conviction and is not entitled to a certificate of innocence. It is the defendant's burden to prove b y a preponderance of the evidence that he did not cause or bring about his conviction. Defendant's testimony that his confession was the result of police coercion was not credible and was otherwise uncorroborated. Circuit court did not have to credit Defendant's explanation for why he pleaded guilty or ignore the fact that he never claimed his guilty plea was not voluntary. (COGHLAN, concurring; WALKER, dissenting.)