Legal Opinion
Ex Parte Ariza
Texas Court of Appeals, 3rd District (Austin)
Decided January 24, 1996No. 03-95-00216-CRPublished
1Opinion
ON MOTION FOR REHEARING
BEA ANN SMITH, Justice.
On Motion for Rehearing, the State argues that the Court addressed in summary fash*224ion, without supporting authority, the critical issue of whether jeopardy attaches when the owner of forfeited property fails to appear in the forfeiture proceeding.1 We write to elaborate our holding that jeopardy did attach to the owner of the forfeited property under the circumstances of this case.
The State quite properly argues that we must find that jeopardy has attached before there is any need to inquire into the punitive nature of the forfeiture. Ex parte…
2Cases cited6 opinions
- United States v. HalperSupreme Court of the United States · 1989
- Serfass v. United StatesSupreme Court of the United States · 1975
- United States v. Jerry Wayne Tilley, and Susan Wells Tilley, Tommy Ross Anderson and Sarah Jane AndersonCourt of Appeals for the Fifth Circuit · 1994
- United States v. Arreola-RamosCourt of Appeals for the Fifth Circuit · 1995
- Ex Parte McAfeeCourt of Criminal Appeals of Texas · 1988
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