State v. One 1969 Blue Pontiac Firebird, Vin 223379U128403
South Dakota Supreme Court
1Opinion of the Court
SABERS, Justice.
[¶ 1.] After the State filed a complaint alleging One 1969 Blue Pontiac (Blue Pontiac) and $4,303.83 in American Currency 1 were subject to forfeiture, Ora Mae Baade (Baade) filed a verified answer claiming the Blue Pontiac was hers and demanded a jury trial. The circuit court found there is no right to a jury trial in a forfeiture action and denied her request. Baade appeals and we reverse.
FACTS
[¶ 2.] According to the complaint, the car was seized because it had been used to transport, possess, or conceal controlled drugs or substances on the dates of July 13, 2006 through…
2Cases cited35 opinions
- Curtis v. LoetherSupreme Court of the United States · 1974
- Department of Law Enf. v. Real PropertySupreme Court of Florida · 1991
- People v. One 1941 Chevrolet CoupeCalifornia Supreme Court · 1951
- Colon v. . LiskNew York Court of Appeals · 1897
- United States v. One 1976 Mercedes Benz 280S, Serial No. 11602012072193Court of Appeals for the Seventh Circuit · 1980
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3Cited by3 opinions
- State v. Items of Real Property Owned and/or Possessed by ChilinskiMontana Supreme Court · 2016
- Granite Buick GMC, Inc. v. RaySouth Dakota Supreme Court · 2014
- Moeckly v. HansonSouth Dakota Supreme Court · 2020