Legal Opinion

In Re U.S. Currency in the Amount of $2,390

Court of Appeals of Arizona

Decided May 23, 2012No. 2 CA-CV 2011-0143PublishedCited by 6 opinions

1Opinion of the Court

ESPINOSA, Judge.

¶ 1 In this uneontested forfeiture action, the state appeals the trial court’s denial of its application for forfeiture of $2,390 in United States currency, arguing the court erred in finding the state had failed to comply with the requirements of A.R.S. § 13-4307 for giving notice of forfeiture proceedings. For the following reasons, we reverse and remand.

Factual Background and Procedural History

¶ 2 Because the state’s forfeiture action is unopposed, the facts are undisputed. See In re $24,000 U.S. Currency, 217 Ariz. 199, n. 1, 171 P.3d 1240, 1242 n. 1 (App.2007). In January…

2Cases cited18 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Dusenbery v. United StatesSupreme Court of the United States · 2002
  3. Jones v. FlowersSupreme Court of the United States · 2006
  4. Fragoso v. FellCourt of Appeals of Arizona · 2005
  5. State v. PerezArizona Supreme Court · 1984

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3Cited by6 opinions

  1. City Center Executive Plaza, LLC v. JantzenCourt of Appeals of Arizona · 2015
  2. Cheatham v. DiciccioCourt of Appeals of Arizona · 2015
  3. Bozrah v. aroc/petersonCourt of Appeals of Arizona · 2015
  4. In Re $200.00Court of Appeals of Arizona · 2021
  5. In re In reCourt of Appeals of Arizona · 2018

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