Katner v. State

*347ON PETITION TO TRANSFER

SELBY, Justice.

We are called upon to determine whether Indiana's forfeiture statute, Ind.Code § 34-4A-30.1-1 (West 1991), requires the State to demonstrate a nexus between property sought by the State in forfeiture and an underlying drug offense. We conclude that the statute requires such a nexus and grant transfer in order to resolve an apparent inconsistency between Caudill v. State (1993), Ind.App., 613 N.E.2d 433 and Katner v. State (1994), Ind.App., 640 N.E.2d 388.

FACTS

On January 31, 1992, after a traffic stop and a violent altercation with police, Simon Katner was…