State v. Lynch
Court of Appeals of Washington
1Opinion of the CourtMunson, J.
RCW 69.50.505 permits the seizure and forfeiture of property that is used to facilitate a violation of the Uniform Controlled Substances Act, RCW 69.50, or proceeds from a violation. In this case, we are asked to decide whether such a forfeiture is "punishment” for the purpose of the double jeopardy provisions of the federal and state constitutions, and therefore bars the subsequent prosecution of Gary M. Lynch for possession of cocaine. 1 We hold it is not and affirm Mr. Lynch’s conviction.
On the night of March 9, 1994, Mr. Lynch parked his 1989 Chevrolet Astro van on a street near the…
Also in this document: Concurrence.
2Cases cited26 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- United States v. DixonSupreme Court of the United States · 1993
- United States v. HalperSupreme Court of the United States · 1989
- Austin v. United StatesSupreme Court of the United States · 1993
- Grady v. CorbinSupreme Court of the United States · 1990
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3Cited by12 opinions
- Nielson v. Spanaway General Medical ClinicWashington Supreme Court · 1998
- Nielson v. Spanaway General Medical Clinic, Inc.Washington Supreme Court · 1998
- State v. CatlettWashington Supreme Court · 1997
- State v. CatlettWashington Supreme Court · 1997
- Hudson v. City of WenatcheeCourt of Appeals of Washington · 1999
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