Legal Opinion

Shults v. State

Texas Court of Appeals, 5th District (Dallas)

Decided June 20, 1985No. 05-83-00482-CVPublishedCited by 16 opinions

1Opinion of the Court

WHITHAM, Justice.

Appellants, Jerry Shults, Lori Shults and Gas Pipe, Inc., appeal from a judgment ordering forfeiture of certain items of personal property as “drug paraphernalia” to the appellee, the State of Texas. Of owners’ nine points of error, we find merit only in the sixth. Consequently, we conclude that the first two of the four seizures at issue were not subject to the trial court’s jurisdiction for purposes of forfeiture. Accordingly, we affirm as to the last two seizures and reverse and remand with instructions as to the first two seizures.

We first address a jurisdictional…

2Cases cited18 opinions

  1. Garza v. AlviarTexas Supreme Court · 1965
  2. Mobil Chemical Company v. BellTexas Supreme Court · 1974
  3. Burnett v. MotykaTexas Supreme Court · 1980
  4. Ex Parte CrispCourt of Criminal Appeals of Texas · 1983
  5. Ex Parte HalstedCourt of Criminal Appeals of Texas · 1944

13 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. B.H. v. StateSupreme Court of Florida · 1994
  2. In re J.T.H.Court of Appeals of Texas · 1989
  3. Poe v. Hutchins, Texas Court of Appeals, 5th District (Dallas)1987
  4. Henderson v. StateCourt of Appeals of Texas · 1988
  5. McDorman v. State, Texas Court of Appeals, 11th District (Eastland)1988

11 more not listed; retrieve them via the Exa API.

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