{
  "id": 2789108,
  "name": "The People of the State of Illinois, Respondent-Appellee, v. John Willie Moore et al., Petitioners-Appellants",
  "name_abbreviation": "People v. Moore",
  "decision_date": "1975-02-25",
  "docket_number": "No. 73-320",
  "first_page": "156",
  "last_page": "157",
  "citations": [
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      "cite": "26 Ill. App. 3d 156"
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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    "name_long": "Illinois",
    "name": "Ill."
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      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
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    },
    {
      "cite": "53 Ill.2d 479",
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    {
      "cite": "279 N.E.2d 58",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "3 Ill.App.3d 708",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        2842162
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      "opinion_index": 0,
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        "/ill-app-3d/3/0708-01"
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  "last_updated": "2023-07-14T18:35:11.694582+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Respondent-Appellee, v. John Willie Moore et al., Petitioners-Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE EBERSPACHER\ndelivered the opinion of the court:\nThe defendants, John Willie Moore and Oliver Beasley, filed a pro se petition for writs of habeas corpus in the circuit court of St. Clair County. After counsel was appointed to represent the defendants, the State filed a motion to dismiss for failure to state a cause of action cognizable under the Habeas Corpus Act. At the hearing held on the defendants\u2019 petition, the defendants\u2019 appointed counsel affirmatively answered the trial court\u2019s inquiry, \u201cYou are not confessing the motion, but you are not offering any objection to it.\u201d Upon this response the court dismissed the defendants\u2019 petition for writs of habeas corpus. The defendants have perfected this appeal therefrom.\nThe sole contention raised on appeal is that the defendants\u2019 appointed counsel failed to provide adequate and complete representation. A review of the petition filed discloses that several of the alleged irregularities were raised on direct appeal (see, People v. Moore, 3 Ill.App.3d 708, 279 N.E.2d 58), or could have been raised on direct appeal, and are therefore barred or waived for post-eonviction petition purposes; however, counsel in this proceeding stated that he felt that a post-conviction petition \u201cshould be filed on these matters.\u201d The main thrust of the defendants\u2019 contention is that their appointed counsel failed to amend their pro se petition for writs of habeas corpus into a petition for post-conviction relief.\nWe find it unnecessary to review this contention in light of our supreme court\u2019s holding in People ex rel. Palmer v. Twomey, 53 Ill.2d 479, 292 N.E.2d 379. Therein the supreme court found that the trial court \u201cerred in failing to treat\u201d a pro se petition for a writ of habeas corpus \u201cas a post-conviction petition.\u201d However, unlike People ex rel. Palmer v. Twomey, we do find it necessary to reverse and remand this cause for further proceedings. In so doing, we direct that the trial court appoint counsel to represent defendants and that such counsel be directed to re-frame defendants\u2019 pro se petition for writ of habeas corpus into a petition for post-conviction relief, including any other proper grounds for such relief, and the trial court proceed in a manner consistent with this opinion.\nReversed and remanded with directions.\nJONES, P. J., and KARNS, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE EBERSPACHER"
      }
    ],
    "attorneys": [
      "Paul Rradley and Victoria J. Meyers, both of State Appellate Defender\u2019s Office, of Chicago, for appellants.",
      "Robert H. Rice, State\u2019s Attorney, of Belleville, for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Respondent-Appellee, v. John Willie Moore et al., Petitioners-Appellants.\n(No. 73-320;\nFifth District\nFebruary 25, 1975.\nPaul Rradley and Victoria J. Meyers, both of State Appellate Defender\u2019s Office, of Chicago, for appellants.\nRobert H. Rice, State\u2019s Attorney, of Belleville, for the People."
  },
  "file_name": "0156-01",
  "first_page_order": 182,
  "last_page_order": 183
}