Legal Opinion

In re In re

Court of Appeals of Arizona

Decided February 28, 2018No. 2 CA-CV 2017-0034Published

1Opinion of the Court

STARING, Presiding Judge:

¶1 Jose Silva and Ramon Rangel ("claimants") appeal from the trial court's order granting the state's application for forfeiture of property seized from them during a traffic stop. The court found the claimants' answers to the state's forfeiture complaint were untimely. However, because we conclude claimants did not receive constitutionally sufficient notice of the forfeiture complaint, we reverse.

Factual and Procedural Background

¶2 "We accept the court's factual findings unless they are clearly erroneous." In re $2,390 U.S. Currency , 229 Ariz. 514, ¶ 5, 277 P.3d 219…

2Cases cited13 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Dusenbery v. United StatesSupreme Court of the United States · 2002
  3. Jones v. FlowersSupreme Court of the United States · 2006
  4. Bilke v. StateArizona Supreme Court · 2003
  5. Fidelity National Title Co. v. Town of MaranaCourt of Appeals of Arizona · 2009

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

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

Powered by the Exa API