State v. Schmitt

¶ 1. In this case we decide that, even though the summons, complaint and the supporting affidavit must each be authenticated as a condition of personal jurisdiction when commencing a forfeiture action, the failure to authenticate the affidavit in this instance was a technical and not a fundamental error where the deficiency was due to a clerk's error. Our supreme court has held that when the failure to authenticate is due to a clerk's error, the error is technical. We affirm the circuit court's judgment and order.

¶ 2. Few facts are relevant to this appeal. Robert M. Schmitt appeals from a…