Department of Natural Resources v. Keating

Undercofler, Presiding Justice.

This certiorari case presents the novel question whether, under the wildlife laws, the state is entitled to all the proceeds from the sale of shrimp seized aboard a commercial shrimpboat illegally shrimping or only the proceeds from the illegally caught shrimp. And, if the latter, whether the shrimper, or the state, has the burden of proving which shrimp were legally, or illegally, caught. The trial court granted summary judgment in favor of the state, holding that the proceeds from the sale of all the shrimp aboard were forfeited to the state. The Court of…