Legal Opinion
State Ex Rel. Ladd v. $457.02
Court of Civil Appeals of Oklahoma
Decided July 13, 2011No. 107,350. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2PublishedCited by 1 opinion
1Opinion of the Court
JOHN F. FISCHER, Viee Chief Judge.
{1 Appellant Embry Jay Loftis appeals the denial of his motion for new trial in this forfeiture proceeding. Because the original judgment of forfeiture was entered by default, the State did not prove that the property seized was subject to forfeiture as required by statute. Therefore we find it was error to deny Loftis' motion for new trial and we reverse and remand the case for further proceedings.
BACKGROUND
1 2 On January 2, 2009, Loftis was charged with possession of a controlled dangerous substance in violation of 68 O.S. Supp.2004 § 2-402. 1 At the time…
2Cases cited17 opinions
- Samman v. Multiple Injury Trust FundSupreme Court of Oklahoma · 2001
- Reeds v. WalkerSupreme Court of Oklahoma · 2006
- Horizons, Inc. v. Keo Leasing Co.Supreme Court of Oklahoma · 1984
- Bivins v. State Ex Rel. Oklahoma Memorial HospitalSupreme Court of Oklahoma · 1996
- Oklahoma Ass'n for Equitable Taxation v. City of Oklahoma CitySupreme Court of Oklahoma · 1995
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3Cited by1 opinion
- State ex rel. Mashburn v. $18,007.00 in U.S. CurrencyCourt of Civil Appeals of Oklahoma · 2012