People v. Clucas

The petitioner, Nicky John Clucas, appeals, from the dismissal of his post-conviction petition pursuant to section. 122 — 2.1 of the Post-Conviction Hearing Act (Ill. Rev. Stat. 1985, ch. 38, par. 122 — 2.1). Petitioner contends that he is entitled to a new hearing, as the State’s Attorney who appeared at the post-conviction hearing had previously represented petitioner on the offense which is the subject of that petition and that the trial court erred when a judge other than the one who entered the judgment of conviction presided at the post-conviction petition.

On July 7, 1980, petitioner…