Criminal procedure — certificate of innocence

Posted April 20, 2021 11:40 AM

Where a defendant files a petition for a certificate of innocence and presents a prima facie case alleging that he did not commit the crime, and the state refuses to participate and submits no evidence in opposition to the petition, the trial court may not rely on sworn evidence from the underlying trial not submitted into evidence in the instant proceeding as a basis for denying the defendant’s petition.The 1st District Appellate Court reversed the decision of Cook County Associate Judge Domenica Stephenson.Tyrone Hood …

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