People v. Higginbotham

PRESIDING JUSTICE SCHMIDT

delivered the opinion of the court;

Defendant, Glen Higginbotham, was convicted of reckless homicide as a result of a traffic accident which occurred on May 4, 1999. While incarcerated, defendant filed a document entitled “Petition for Habeas Corpus.” The circuit court of Will County dismissed defendant’s petition. Defendant appeals, claiming that the trial court erred by treating his petition as if it were filed under the Post-Conviction Hearing Act (725 ILCS 5/122 — 1 et seq. (West 2002)) and failing to acknowledge that his petition for habeas corpus was civil in…