Legal Opinion
Prear v. State
Texas Court of Appeals, 4th District (San Antonio)
Decided September 25, 1996No. 04-95-00316-CRPublishedCited by 6 opinions
1Opinion of the Court
OPINION
GREEN, Justice.
In this appeal, we consider whether double jeopardy barred Jennifer Lynn Prear’s prosecution for possession of a controlled substance after the State obtained a forfeiture arising from the same transaction. Because we find that civil forfeiture is not punishment for purposes of double jeopardy, we affirm.
Summary of Facts
The State charged Prear with possession of a controlled substance and initiated forfeiture proceedings under chapter 59 of the Texas Code of Criminal Procedure for property seized when Prear was arrested. Dur ing the pendency of the criminal case, Prear…
2Cases cited18 opinions
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- United States v. HalperSupreme Court of the United States · 1989
- Austin v. United StatesSupreme Court of the United States · 1993
- United States v. UrserySupreme Court of the United States · 1996
- Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
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3Cited by6 opinions
- Devon Energy Production Company, L.P. and PennzEnergy Exploration and Production, L.L.C. v. Hockley County Appraisal District, Texas Court of Appeals, 7th District (Amarillo)2004
- Patti Diann Perkins, $9,935.00 in U.S. Currency v. State, Texas Court of Appeals, 7th District (Amarillo)2009
- Patti Diann Perkins, $9,935.00 in U.S. Currency v. State, Texas Court of Appeals, 7th District (Amarillo)2009
- Patti Diann Perkins, $9,935.00 in U.S. Currency v. State, Texas Court of Appeals, 7th District (Amarillo)2009
- Sergio Alanis, Sr. and Maria Guadalupe Alanis v. Ana Lisa Garza, Texas Court of Appeals, 4th District (San Antonio)2015
1 more not listed; retrieve them via the Exa API.