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PEOPLE EX REL. O'MALLEY v. 6323 N. LaCROSSE AVENUE

Docket No. 75447.

634 N.E.2d 743 (1994)

158 Ill.2d 453

199 Ill.Dec. 690

The PEOPLE of the State of Illinois ex rel. Jack O'MALLEY, Appellant, v. 6323 NORTH LaCROSSE AVENUE, Appellee.

Supreme Court of Illinois.

March 24, 1994.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Springfield, and Jack O'Malley, State's Atty., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, and Renee Goldfarb, Theodore Fotios Burtzos, Randall Roberts and Sang Won Shim, Asst. State's Attys., of counsel), for appellant.

Rhoda Davis Sweeney, Chicago (Adrian Mendoza, law student), for appellee.

Tom Leahy, Dennis A. Rendleman and Athena T. Taite, Springfield, for amicus curiae Illinois State Bar Association.

Justice HEIPLE delivered the opinion of the court:

Resolution of this case requires this court to determine the constitutionality of the Drug Asset Forfeiture Procedure Act (Act) (Ill.Rev.Stat.1991, ch. 56½, pars. 1671 through 1684). The circuit court below found that the Act's denial of a jury trial in forfeiture proceedings violates the Illinois Constitution. We agree and affirm.

BACKGROUND

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