Legal Question in Criminal Law in Illinois

post conviction

called for status on my sons post conviction case and was told status is ''Review Court Affirmance'' What does that mean? called two weeks ago told same thing but was told no post conviction has been files and that status was for direct appeal. very confused


Asked on 10/15/08, 10:51 pm

1 Answer from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: post conviction

A post conviction petition and an appeal are two separate actions that occur in two separate courts. I have never heard the term "review court affirmance." The only thing I think it could mean is that the Appellate Court (also known as a review court) affirmed your son's conviction. Affirming a conviction means that the Appellate Court agreed with the lower court conviction.

A post conviction petition is a filing in the trial court alleging that certain constitutional rights were violated that weren't presented in court, and therefore, couldn't be appealed in a direct appeal to the Appellate Court. The Appellate Court can only deal with what has been presented in the trial court.

I hope this helps a little. The best information should come from your son's lawyer.

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Answered on 10/16/08, 12:44 pm


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