No. 22-801

Ameen Salaam v. Illinois, ex. rel. Kimberly Foxx

Lower Court: Illinois
Docketed: 2023-02-23
Status: Denied
Type: Paid
Response Waived
Tags: civil-forfeiture civil-judicial-forfeiture due-process in-rem-jurisdiction judicial-procedure notice notice-requirement passage-of-time void-judgment
Key Terms:
DueProcess
Latest Conference: 2023-03-17
Question Presented (AI Summary)

Whether a court can enter a final judgment without the notice required by the due process clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. When a court has in rem jurisdiction can it enter a final judgment without the notice required by the due process clause. 2. Whether a judgment that is void because the notice necessitated by the due process clause was not provided can become unassailable by the passage of time. The State of Illinois forfeited money in a civil judicial forfeiture proceeding, without notice to claimant Salaam. Denying relief, the Illinois Supreme Court ruled “even if that lack of notice amounted to a due process violation, [it] could not deprive the circuit court of its jurisdiction” to enter a final judgment of forfeiture. People ex rel. Alvarez v. $59, 914, 2022 IL 126927, § 23.

Docket Entries

2023-03-20
Petition DENIED.
2023-03-01
DISTRIBUTED for Conference of 3/17/2023.
2023-02-24
Waiver of right of respondent The People of the State of Illinois Ex Rel. Kimberly Foxx to respond filed.
2023-02-20
2022-12-21
Application (22A559) granted by Justice Barrett extending the time to file until February 23, 2023.
2022-12-07
Application (22A559) to extend the time to file a petition for a writ of certiorari from December 25, 2022 to February 23, 2023, submitted to Justice Barrett.

Attorneys

Ameen Salaam
Steven Allen GreenbergGreenberg Trial Lawyers, Petitioner
Steven Allen GreenbergGreenberg Trial Lawyers, Petitioner
The People of the State of Illinois Ex Rel. Kimberly Foxx
Katherine Marie DoerschOffice of the Illinois Attorney General, Respondent
Katherine Marie DoerschOffice of the Illinois Attorney General, Respondent