In Re Forfeiture of $2,354.00 US Currency
Appellate Court of Illinois
1Opinion of the CourtJustice O’Malley
The State declared a nonjudicial forfeiture of property pursuant to section 6 of the Drug Asset Forfeiture Procedure Act (Act) (725 ILCS 150/6 (West 1998)). Petitioner, Darrel W Barker (whose name also appears in the record as “Darrell W. Barker”), the property’s owner, petitioned to vacate the forfeiture, alleging that he did not receive adequate notice of the proceeding. The trial court granted the petition, holding that the State did not accord petitioner due process. The State appeals. We affirm.
The facts are essentially undisputed. On August 9, 1999, petitioner filed his “Motion to…
2Cases cited12 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
- Robinson v. HanrahanSupreme Court of the United States · 1972
- People v. EveretteIllinois Supreme Court · 1991
- United States v. 51 Pieces Of Real Property, Roswell, New MexicoCourt of Appeals for the Tenth Circuit · 1994
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3Cited by10 opinions
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- People v. Sixteen Thousand Five Hundred Dollars ($16,500) United States CurrencyAppellate Court of Illinois · 2014
- Robinson v. WinslowCourt of Appeals for the Seventh Circuit · 2004
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