Legal Opinion · Dissent

State v. Pressley

Court of Civil Appeals of Alabama

Decided April 20, 2012No. 2100618Published

1DissentMoore, Judge

I respectfully dissent.

In its brief to this court, the State of Alabama argues primarily that the trial court erred in finding that Peggy Holcomb (“the grandmother”) was a “bona fide lien-holder” whose interest may be protected in a forfeiture action under § 20-2-93(h), Ala.Code 1975. The State essentially contends that the grandmother never obtained a security interest in the 2006 Ford F-150 truck that had been seized because, unlike the father who held a perfected security interest in Jester v. State, 668 So.2d 822 (Aa.Civ.App.1995), the grandmother in this case

“did not present any evidence…

2Cases cited12 opinions

  1. Spradlin v. SpradlinSupreme Court of Alabama · 1992
  2. State Farm Mut. Auto. Ins. Co. v. MotleySupreme Court of Alabama · 2005
  3. City of Birmingham v. Business Realty Inv. Co.Supreme Court of Alabama · 1998
  4. University of So. Ala. v. Progressive Ins.Supreme Court of Alabama · 2004
  5. Steele v. ROSENFELD, LLCSupreme Court of Alabama · 2005

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