Legal Opinion
State v. Leyva
Court of Appeals of Arizona
Decided December 28, 1995No. 1 CA-CV 93-0281PublishedCited by 6 opinions
1Opinion of the Court
OPINION
NOYES, Judge.
Defendants (“the Leyvas”) challenge a $20,000,000 (TWENTY MILLION DOLLAR) civil forfeiture judgment the State obtained against them following Francisco Leyva’s guilty plea in a separate criminal action. Defendants argue that the judgment violates the Double Jeopardy Clause of the Fifth Amendment and the Excessive Fines Clause of the Eighth Amendment. We agree, in part, and we remand for further litigation on those issues.
This opinion replaces State v. Leyva, 199 Ariz.Adv.Rep. 18 (App. September 12, 1995), which we vacated on November 16 after granting the State’s motion…
2Cases cited21 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Benton v. MarylandSupreme Court of the United States · 1969
- Russello v. United StatesSupreme Court of the United States · 1983
- United States v. HalperSupreme Court of the United States · 1989
- Austin v. United StatesSupreme Court of the United States · 1993
16 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. One Single Family Residence At 1810 East Second AvenueCourt of Appeals of Arizona · 1997
- Hill v. PetersonCourt of Appeals of Arizona · 2001
- Ferreira v. Superior CourtCourt of Appeals of Arizona · 1996
- People v. FelixAppellate Court of Illinois · 1996
- Ferreira v. Superior CourtCourt of Appeals of Arizona · 1996
1 more not listed; retrieve them via the Exa API.