Legal Opinion

State Ex Rel. Napolitano v. Gravano

Court of Appeals of Arizona

Decided December 24, 2002No. 1 CA-CV 02-0025PublishedCited by 15 opinions

1Opinion of the Court

WINTHROP, Judge.

¶ 1 In this appeal, we consider whether the application of Arizona’s forfeiture statutes to royalties from a book about the life and crimes of a convicted racketeer violates constitutional free speech guarantees. We further examine whether the royalties have the causal connection with racketeering required for forfeiture. For the reasons discussed below, we conclude that the statutes are constitutional in this setting and that the royalties are subject to forfeiture as proceeds traceable to racketeering. As a result, we affirm the trial court’s judgment ordering forfeiture of…

2Cases cited25 opinions

  1. United States v. O'BrienSupreme Court of the United States · 1968
  2. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  3. Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984
  4. Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
  5. United States v. AlbertiniSupreme Court of the United States · 1985

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3Cited by15 opinions

  1. NEFEDRO v. Montgomery CountyCourt of Appeals of Maryland · 2010
  2. State v. BrownCourt of Appeals of Arizona · 2004
  3. State v. Western Union Financial Services, Inc.Arizona Supreme Court · 2009
  4. Arizona State Democratic Party v. StateCourt of Appeals of Arizona · 2004
  5. Salib v. City of MesaCourt of Appeals of Arizona · 2006

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