IN RE P.S.

Nos. 78910, 78944.

661 N.E.2d 329 (1996)

169 Ill.2d 260

214 Ill.Dec. 475

In re P.S., a Minor (The People of the State of Illinois, Appellant, v. P.S., Appellee). The PEOPLE of the State of Illinois, Appellant, v. John KIMERY, Appellee. The PEOPLE of the State of Illinois, Appellant, v. Roderick TURNER, Appellee.

Supreme Court of Illinois.

Certiorari Granted July 1, 1996.


Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, and David R. Akemann, State's Attorney, St. Charles (Norbert J. Goetten, William L. Browers and Lisa A. Hoffman, of the Office of the State's Attorneys Appellate Prosecutor, Elgin, of counsel), for the People.

Fred M. Morelli, Jr. of Morelli, Cook & Petersen, Aurora (Vincent Argento, of counsel), for appellee.

Jack O'Malley, State's Attorney, Chicago (Renee Goldfarb, Thomas A. Konczal and Janet Powers Doyle, Assistant State's Attorneys, of counsel), for amicus curiae.

Lisa Anne Hoffman, State's Atty. Appellate Prosecutor, Elgin, Jim Ryan, Attorney General, Criminal Appeals Div., Chicago, State's Attorney Kane County, Geneva, for People.

Fred M. Morelli, Jr., Law Offices of Morelli, Cook & Petersen, Aurora, for Roderick Turner.


Certiorari Granted July 1, 1996. See 116 S.Ct. 2577.

Justice MILLER delivered the opinion of the court:

The sole question presented in these consolidated appeals is whether the constitutional guarantees against double jeopardy prohibit a criminal prosecution following a civil forfeiture judgment based on the same conduct. (U.S. Const., amend. V; Ill. Const. 1970, art. I, § 10.) Although this court rejected a similar claim in People v. 1988 Mercury...

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