Legal Opinion
People v. 1995 Ford Van
Appellate Court of Illinois
Decided May 7, 2004No. 2-03-0458 RelPublishedCited by 8 opinions
1Opinion of the CourtJustice Gilleran Johnson
In this appeal, we are faced with the question of whether the civil forfeiture of a vehicle under section 36 — 1 of the Criminal Code of 1961 (720 ILCS 5/36 — 1 (West 2000)) is barred by the claimant’s acquittal of the underlying criminal charge. We hold that the acquittal does not collaterally estop the State from pursuing the vehicle forfeiture.
The claimant, Edward Stadtler, was arrested on September 29, 2001, and charged with Class 4 felony driving under the influence of alcohol (DUI) (625 ILCS 5/11 — 501(a)(1), (c — 1)(1) (West 2000)) and driving while his license was revoked (625 ILCS…
2Cases cited13 opinions
- United States v. One Assortment of 89 FirearmsSupreme Court of the United States · 1984
- Robinson v. HanrahanSupreme Court of the United States · 1972
- Carver v. Sheriff of La Salle CountyIllinois Supreme Court · 2003
- General Casualty Insurance v. LaceyIllinois Supreme Court · 2002
- People v. GraysonIllinois Supreme Court · 1974
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dookeran v. The County of CookAppellate Court of Illinois · 2013
- People v. 1998 LEXUS GS 300Appellate Court of Illinois · 2010
- People v. PowellAppellate Court of Illinois · 2004
- People v. ex re. Nerheim v. 2005 Black Chevrolet CorvetteAppellate Court of Illinois · 2015
- People ex rel. Kelly v. One 2008 Chevrolet TrailblazerAppellate Court of Illinois · 2016
3 more not listed; retrieve them via the Exa API.