People v. Nibbelin — Illinois Supreme Court requires assessment-waiver claims to start in trial court

Case
The People of the State of Illinois v. Carthell Eugene Nibbelin
Court
Illinois Supreme Court
Judge
Justice Rochford; Chief Justice Neville; Justice Overstreet; Justice Holder White; Justice Cunningham; Justice O’Brien; Justice Tailor
Date Decided
September 24, 2026
Docket No.
131825
Topics
criminal procedure; court assessments; ineffective assistance; sentencing
Source
Read the full opinion

Background

Carthell Eugene Nibbelin pleaded guilty to child-pornography and Sex Offender Registration Act offenses and received prison sentences after several probation revocations. He was represented by an assistant public defender, but counsel did not file the certification required by Illinois Supreme Court Rule 404(e) for a waiver of eligible court assessments.

On appeal, Nibbelin characterized counsel’s omission as ineffective assistance and argued that he was prejudiced because the assessments likely would have been waived. The State argued that Rule 472 requires claims concerning assessment errors to be raised first in the circuit court. The Fourth District agreed and remanded for a Rule 472 motion.

The Court’s Holding

The Illinois Supreme Court affirmed. A defendant claiming that assessments should have been waived under Rule 404(e) because counsel failed to file the required certification must first pursue that claim in the circuit court through a Rule 472 motion. The claim cannot be recast as ineffective assistance of counsel and raised for the first time on direct appeal.

Rule 472 broadly covers errors in the imposition or calculation of assessments and is designed to move routine fines-and-fees disputes to the trial court. Rule 404(e) makes the certification and qualifying waiver mandatory for defendants represented by a public defender and similarly situated counsel. Thus, imposing an assessment that should have been waived is an error in the imposition of assessments, regardless of counsel’s role in failing to submit the certification. The court overruled People v. Yarber and its progeny to the contrary.

Key Takeaways

  • Rule 404(e) waiver claims must be raised first through a Rule 472 motion in circuit court.
  • A defendant may not bypass Rule 472 by labeling the issue ineffective assistance of counsel on direct appeal.
  • Rule 472 permits correction of this error at any time after judgment; Rule 404(e) itself has no 30-day filing limit for the certification.

Why It Matters

The decision resolves an Illinois appellate split and channels public-defender assessment-waiver disputes into the trial court, where counsel may be ordered to file the certification and the court may enter the mandatory waiver. It reinforces Rule 472’s role as the required initial remedy for assessment errors.

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