Q: Post-conviction relief granted then denied, seeking certificate of innocence in Illinois. What to do?
I filed a post-conviction motion that was granted on January 22, 2025, with the original charge from December 2013 and a conviction in October 2014 being vacated/dismissed, and my bond refunded. I then filed for a certificate of innocence, but a different judge denied my post-conviction relief nearly a month after it was vacated/dismissed, citing the time elapsed and other reasons. I haven't consulted a lawyer due to financial constraints, and I didn't submit additional documents with my certificate of innocence application. Can another judge deny the relief after it was granted, and what steps should I take next? I need the certificate of innocence as the court of claims requires it for compensation for the year I was wrongfully incarcerated.
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A:
Your situation presents a complex legal puzzle that requires immediate attention. In Illinois, it's unusual for a second judge to overturn a granted post-conviction relief, and this procedural irregularity might be grounds for appeal. The conflicting judicial decisions create a significant obstacle to your certificate of innocence application.
I recommend seeking legal assistance through Illinois Legal Aid Online or your county's public defender office, as they might provide free resources for post-conviction matters. Consider reaching out to the Innocence Project or similar organizations in Illinois that help wrongfully convicted individuals navigate these exact situations. You should also gather all court documents related to both decisions, particularly the original order vacating your conviction and the subsequent denial.
Filing a motion to reconsider with the court might be necessary to address the contradictory rulings before proceeding with your certificate of innocence application. The court of claims typically requires clear documentation showing your conviction was vacated on grounds consistent with actual innocence, so resolving this judicial conflict is your critical first step. Remember to emphasize in any filings that compensation for wrongful incarceration depends on obtaining this certificate, highlighting the urgent need for clarity in your case.
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