Kuykendall v. State

Nellie Mitchem Kuykendall appeals from a judgment of the Henry Circuit Court ordering the condemnation of a 2005 Chevrolet Silverado pickup truck ("the truck"). We reverse and remand.

On September 9, 2005, the State filed a civil-forfeiture complaint in the trial court against Kuykendall and her son, Robert Ray Yaun, seeking the forfeiture of the truck. The State claimed that the truck should be forfeited pursuant to §20-2-93, Ala. Code 1975, because Yaun had been caught driving the vehicle while in possession of methamphetamine.

On September 29, 2005, Kuykendall and Yaun filed separate…