People v. Moore

Defendant was convicted, after bench trial, of drug charges. Court properly denied Defendant's Section 2-1401 petition for relief from judgment, alleging that detective knowingly offered perjured testimony . Even though detective's testimony was inconsistent, Defendant failed to prove that it was perjury by preponderance of evidence, which is correct evidentiary standard, as Section 2-1401 petition is a civil matter. Court properly denied Defendant's request for new trial. Evidence against Defendant was overwhelming, and detective's mistake in testimony, that $60 in drug buy money was found on Defendant's person, cannot be said to have changed outcome. (STEIGMANN and APPLETON, concurring.)