Hooper v. State

Phipps, Judge.

John Wayne Hooper, as executor of the estate of John L. Hooper, appeals the trial court’s order forfeiting certain real property owned by John L. Hooper and a tavern and mobile home located on the property.1 He claims that the State failed to prove a prima facie case for forfeiture and that the trial court’s determination that the forfeiture was not excessive was clearly erroneous. We agree that the State failed to sustain its burden of proof with respect to the property containing the tavern, but find that the State met its burden with respect to the property containing the…