Legal Opinion

In the Matter of Property Seized from Jean Carlos Herrera and Fernando Rodriguez

Supreme Court of Iowa

Decided May 25, 2018No. 16-0440PublishedCited by 5 opinions

1Opinion of the Court

WATERMAN, Justice.

This appeal from civil forfeiture proceedings presents several issues: (1) whether invoking the Fifth Amendment privilege against self-incrimination excuses compliance with statutory pleading requirements for establishing ownership in cash seized by the State, including identifying the source of the funds; (2) whether the district court must decide motions to suppress evidence before adjudicating forfeiture claims; and (3) whether a claimant is entitled to attorney fees as a prevailing party under the forfeiture statute when the State ultimately consented to the return of…

2Cases cited47 opinions

  1. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  2. Farrar v. HobbySupreme Court of the United States · 1992
  3. One 1958 Plymouth Sedan v. PennsylvaniaSupreme Court of the United States · 1965
  4. Carl D. Wehling and Geraldine D. Wehling v. Columbia Broadcasting SystemCourt of Appeals for the Fifth Circuit · 1980
  5. CRST Van Expedited, Inc. v. Equal Emp't Opportunity Comm'nSupreme Court of the United States · 2016

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

3Cited by5 opinions

  1. Tom Dunne, Jr. v. Resource Converting, LLCCourt of Appeals for the Eighth Circuit · 2021
  2. Lynda Cich, of Estate of June McLeish, Lynda Cich, Hedilyn Leavitt, and Heatherlyn Lambert v. Mark McLeishCourt of Appeals of Iowa · 2019
  3. Michael Merrill and Karen Jo Frescoln v. Valley View Swine, LLC and JBS Live Pork, LLC f/k/a Cargill Pork, LLCSupreme Court of Iowa · 2020
  4. Michael Merrill and Karen Jo Frescoln v. Valley View Swine, LLC and JBS Live Pork, LLC f/k/a Cargill Pork, LLCSupreme Court of Iowa · 2020
  5. Simon Seeding & Sod, Inc. v. Dubuque Human Rights Commission and Jermaine StapletonCourt of Appeals of Iowa · 2018

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API