State v. One Black 1989 Cadillac VIN 1G6DW51Y8KR722027
North Dakota Supreme Court
1ConcurrenceMeschke, Justice
I join in affirming dismissal of this forfeiture action because it was not “instituted promptly.” Since my reasons differ from those given by the majority opinion, I write separately to explain. In my opinion, the reasons for delay of the trial for a crime are not comparable to the reasons for beginning a forfeiture action, the Barker v. Wingo analogy is not germane, and the majority’s analysis overlooks more important considerations.
Constitutional considerations often play some part in interpreting a statute. “In enacting a statute, it is presumed that: Compliance with the constitutions of…
2Cases cited16 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Gerstein v. PughSupreme Court of the United States · 1975
- Boddie v. ConnecticutSupreme Court of the United States · 1971
- County of Riverside v. McLaughlinSupreme Court of the United States · 1991
- Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
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