This case presents question as to whether trial court properly denied defendant’s petition for certificate of innocence, even though State had successfully moved to vacate defendant’s murder and armed robbery convictions and then nolle prosequi said charges pursuant to section 2-1401 of Code. Although defendant claimed that he “did not, by my own conduct, voluntarily cause or bring about my conviction,” and State Attorney’s Office advised trial court that it would not oppose defendant’s petition, trial court found that defendant could not obtain certificate of innocence because he had previously pleaded guilty to instant charges. Appellate Court, in affirming trial court, found that defendant who has pleaded guilty to charged offenses has actually “caused or [brought] about his or her conviction.” Moreover, trial court could properly conclude that defendant’s alternative contention that his confession was result of police coercion was not credible. (Dissent filed.)
Illinois Supreme Court PLAs
Criminal Court
Certificate of Innocence