Legal Opinion

State v. Leyva

Court of Appeals of Arizona

Decided May 19, 1998No. 1 CA-CV 97-0250Published

1Opinion of the Court

OPINION

TOCI, Judge.

¶ 1 After Francisco Leyva pleaded guilty in a criminal action, the state brought this forfeiture proceeding against Francisco and his wife, Sylvia (the “Leyvas”). The trial court imposed a $20,000,000 civil forfeiture judgment against the Leyvas. On appeal, this court found that the $20,000,000 judgment constituted, at least in part, a second punishment in violation of the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. See State v. Leyva, 184 Ariz. 439, 909 P.2d 506 (App.1995) (“Leyva /”). On remand, the parties stipulated that double…

2Cases cited18 opinions

  1. United States v. HalperSupreme Court of the United States · 1989
  2. Austin v. United StatesSupreme Court of the United States · 1993
  3. United States v. UrserySupreme Court of the United States · 1996
  4. Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.Supreme Court of the United States · 1989
  5. Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994

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