People v. Hilliard

PRESIDING JUSTICE WHITE

delivered the opinion of the court:

This case is before this court for the second time. In our prior opinion (People v. Hilliard (1978), 65 Ill. App. 3d 642, 382 N.E.2d 441), we held that Wilbur Hilliard’s petition under section 72 of the Civil Practice Act (Ill. Rev. Stat. 1975, ch. 110, par. 72, now codified as Ill. Rev. Stat. 1981, ch. 110, par. 2 — 1401) should not have been dismissed without an evidentiary hearing on the validity of the recantation by the key prosecution witness. We also expressly held that we were not ruling on the other issues raised by Hilliard’s…