Legal Opinion

People v. Felix

Appellate Court of Illinois

Decided July 26, 1996No. Nos. 4—95—0607, 4—95—0608 consPublishedCited by 1 opinion

1Opinion of the CourtJustice Steigmann

In these consolidated cases, the trial court dismissed unrelated felony drug charges against defendant, Erik Felix, because (in each case) the State successfully sought forfeiture of defendant’s cash and other property that was allegedly connected to the drug charges. In each case, the court held that the forfeitures barred prosecution, pursuant to the provisions of the United States and Illinois Constitutions which prohibit double jeopardy (U.S. Const., amend. V; Ill. Const. 1970, art. I, § 10).

The State appeals, and we reverse.

I. BACKGROUND

A. Case No. 4 — 95—0607

In March 1994, police seized…

2Cases cited31 opinions

  1. United States v. HalperSupreme Court of the United States · 1989
  2. Austin v. United StatesSupreme Court of the United States · 1993
  3. United States v. UrserySupreme Court of the United States · 1996
  4. Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
  5. United States v. $405,089.23 U.S. Currency, Charles Arlt James Wren Payback Mines, Claimants-AppellantsCourt of Appeals for the Ninth Circuit · 1994

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3Cited by1 opinion

  1. People v. DanielsAppellate Court of Illinois · 1996

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