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PEOPLE v. CLUCAS

No. 5-86-0493.

160 Ill. App.3d 129 (1987)

513 N.E.2d 402

THE PEOPLE OF THE STATE OF ILLINOIS, Respondent-Appellee, v. NICKY JOHN CLUCAS, Petitioner-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed July 29, 1987.

Attorney(s) appearing for the Case

Daniel M. Kirwan and Edwin Anderson, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

John P. Coady, State's Attorney, of Taylorville (Kenneth R. Boyle, Stephen E. Norris, and Kathy J. Geer, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Reversed and remanded.

JUSTICE WELCH delivered the opinion of the court:

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...

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