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STATE v. JOHNSON

Nos. 94-KK-0595, 94-C-1077.

667 So.2d 510 (1996)

STATE of Louisiana v. Lester JOHNSON, III. STATE of Louisiana v. 1979 CADILLAC DEVILLE and $24.00 U.S. Currency Seized from Frank L. Wilson.

Supreme Court of Louisiana.

Rehearing Denied in February 16, 1996.

Attorney(s) appearing for the Case

Kevin V. Boshea, New Orleans, for Applicant in No. 94-KK-0595.

Richard P. Ieyoub, Attorney General, Harry F. Connick, District Attorney, Gregory G. Hangartner, New Orleans, Martin K. Maley, Baton Rouge, John J. Williams, Jr., Covington, for Respondent in No. 94-KK-0595.

Dorothy Ann Pendergast, Thomas Allen Usry, John Franklin Weeks, II, Metairie, for Louisiana Sheriffs Association (Amicus Curiae) in both cases.

Paul Carmouche, District Attorney, John F. McWilliams, Jr., Shreveport, for Applicant in No. 94-C-1077.

J. Jay Caraway, Shreveport, Ellis P. Adams, Jr., Baton Rouge, for Respondent in No. 94-C-1077.

Brett A. Sulzer, Baton Rouge, for Dept. of Public Safety and Corrections and Office of the State Police (Amicus Curiae) in No. 94-C-1077.

Rehearing Denied in 94-C-1077 February 16, 1996.

BURRELL J. CARTER, Justice Pro Tem.1

In these cases consolidated for review, we consider whether, under the circumstances presented herein, a civil forfeiture of property under LSA-R.S. 40:2601, et seq., the Seizure and Controlled Dangerous Substances Property Forfeiture Act of 1989 (the Drug Forfeiture Act), constitutes "punishment" for purposes of federal double jeopardy...

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