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PEOPLE EX REL. WALLER v. 1996 SATURN

No. 2-97-0570.

699 N.E.2d 223 (1998)

298 Ill. App.3d 464

232 Ill.Dec. 776

The PEOPLE ex rel. Michael J. WALLER, Plaintiff-Appellee, v. 1996 SATURN, VIN 1G82H5282TZ113572, Defendant (Darrick Henderson, Claimant-Appellant).

Appellate Court of Illinois, Second District.

August 19, 1998.

Attorney(s) appearing for the Case

Ligy J. Pullappally, Linda A. Rothnagel, Bernard H. Shapiro, Prairie State Legal Services, Inc., Waukegan, for Darrick Henderson.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Robert J. Morrow, Elgin, for People ex rel. Michael J. Waller.

Justice THOMAS delivered the opinion of the court.

Claimant, Darrick Henderson, appeals the forfeiture of his vehicle, a 1996 Saturn, pursuant to section 36-1 of the Criminal Code of 1961 (the Code) (720 ILCS 5/36-1 (West 1996)). Claimant contends that (1) the forfeiture was not authorized by section 36-1, and (2) the forfeiture violated the excessive fines clause of the eighth amendment to the United States Constitution.

The facts underlying the action for...

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