The Illinois Appellate Roundup, Episode 4 — From the Arrest to the Certificate of Innocence
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Educational and informational only — not legal advice.
People v. Hill (2026 IL App (3d) 250131) — resisting a peace officer. The Third District affirmed: the statutory subsection requiring an underlying offense for the arrest is neither an element the State must prove nor a defense, and you may not use force to resist even an unlawful arrest by a known officer. The takeaway: challenge a bad arrest in court (a motion to suppress or a civil claim), not with physical resistance.
People v. Polk (2026 IL App (1st) 241505) — armed habitual criminal and ineffective assistance. Conspiracy to commit murder is an inherently forcible felony (the intent to kill is what makes it so), a valid armed-habitual-criminal predicate; and counsel was not ineffective for declining to argue mental health in mitigation — a strategic "double-edged sword," with no prejudice. Affirmed.
People v. Drew (2026 IL App (1st) 251647) — actual innocence and the certificate of innocence. A certificate of innocence is mandatory, not discretionary, once a defendant wins actual-innocence relief in post-conviction, a new trial is ordered, he is not retried, and the State dismisses the charges. "Shall" means must. The takeaway: the certificate — which unlocks compensation and a clean record — is his by right.
Every case is sourced and verified against the published Illinois opinions.
If you are facing an appeal or a post-conviction matter, call me directly at 312-517-3877.
