People v. Higginbotham

State: Illinois

Court: 3rd District Appellate

Docket No: 3-04-0827 Rel

Case Date: 11/17/2006

Preview:No. 3--04-0827 Filed December 6, 2006. IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2006 THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GLEN R. HIGGINBOTHAM, Defendant-Appellant. ) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of the 12th Judicial Circuit, Will County, Illinois No. 99--CF--862

Honorable Gerald R. Kinney, Judge, Presiding.

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 The circuit court of Will County Defendant appeals, claiming that

"Petition for Habeas Corpus." dismissed defendant's petition.

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 nature and, therefore, controlled by the Illinois Code of Civil Procedure (735 ILCS 5/1--101 et

seq. (West 2002)). BACKGROUND While on probation following convictions of theft, possessing a stolen motor vehicle, and aggravated battery, defendant was involved in a two-car accident. This accident Sometime

resulted in the death of 10-year-old Candace Graham.

after 11 p.m. on May 4, 1999, Constance Graham took her daughter, Candace, to the local White Hen Pantry in Lockport, Illinois. While on their way home from the White Hen Pantry, the Graham vehicle collided with a vehicle driven by defendant. Evidence was admitted at trial showing that both Constance Graham and defendant were driving drunk that night. Graham's blood-alcohol level was .197. Constance

She had been drinking

beer and tequila since 4:30 in the afternoon until the time of the accident. Blood drawn from defendant at 1:32 a.m. on May 5

(approximately 1

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