Legal Opinion
In Re the Forfeiture of One 1970 Ford Pickup Truck, VIN F10YKG80404, N.M. License HP-7346
New Mexico Court of Appeals
Decided November 1, 1991No. 11673PublishedCited by 7 opinions
1Opinion of the Court
OPINION
PICKARD, Judge.
The issue we decide in this case is the extent to which property may be forfeited when it is owned by co-owners, only one of whom participated in and was knowledgeable about the criminal wrongdoing that caused the forfeiture. Appellants, Carolina Garcia (mother) and Paul Garcia (son), appeal the trial court’s order forfeiting their interests in a 1970 Ford truck. On the merits, each party adopts the extreme position that the presence of an innocent or guilty co-owner operates to require no forfeiture or a complete forfeiture, respectively. We do not agree with either…
2Cases cited16 opinions
- State v. 1979 Pontiac Trans AmSupreme Court of New Jersey · 1985
- In Re Forfeiture of $53Michigan Court of Appeals · 1989
- State of Ga. v. JacksonCourt of Appeals of Georgia · 1990
- State v. OzarekNew Mexico Supreme Court · 1978
- State v. One 1984 Toyota TruckCourt of Appeals of Maryland · 1987
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. NunezNew Mexico Supreme Court · 1999
- Games-Neely Ex Rel. West Virginia State Police v. 1175 Sam Mason Road Loacated in Mill Creek DistrictWest Virginia Supreme Court · 2002
- State Ex Rel. New Mexico Gaming Control Board v. Ten (10) Gaming DevicesNew Mexico Court of Appeals · 2005
- In Re One 1986 Pontiac FirebirdSupreme Court of Delaware · 1997
- Games-Neely Ex Rel. West Virginia State Police v. 1175 Sam Mason Road Loacated in Mill Creek DistrictWest Virginia Supreme Court · 2002
2 more not listed; retrieve them via the Exa API.