Legal Opinion

State v. Gambling Paraphernalia, Devices, Equipment & Proceeds

Texas Court of Appeals, 13th District

Decided May 12, 2011No. 13-10-00265-CVPublishedCited by 3 opinions

1Opinion of the Court

OPINION

Opinion by

Justice PERKES.

This is a civil-forfeiture case. By a single issue, the State argues the trial court erred as a matter of law by concluding the seized devices are not gambling devices because the “replay” that the devices awards is not a “thing of value” under the Penal Code. The trial court denied the State’s motion for forfeiture. We sustain the State’s issue on appeal, and reverse and render a judgment of forfeiture.

I. FACTUAL AND PROCEDURAL BACKGROUND

The State of Texas moved for forfeiture of gambling paraphernalia, devices, and equipment and proceeds. The property was…

2Cases cited10 opinions

  1. BMC Software Belgium, NV v. MarchandTexas Supreme Court · 2002
  2. City of San Antonio v. City of BoerneTexas Supreme Court · 2003
  3. Texas Lottery Commission v. First State Bank of DeQueenTexas Supreme Court · 2010
  4. Hardy v. StateTexas Supreme Court · 2003
  5. Singleton v. Casteel, Texas Court of Appeals, 14th District (Houston)2008

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. $1760.00 in United States Currency, 37 "8" Liner MacHines v. State, Texas Court of Appeals, 2nd District (Fort Worth)2012
  2. $1760.00 in United States Currency, 37 "8" Liner MacHines v. State, Texas Court of Appeals, 2nd District (Fort Worth)2012
  3. $49,815.00 U. S. Currency and Assorted Property (Farid Ali Datoo) v. the State of Texas, Texas Court of Appeals, 9th District (Beaumont)2023

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API