Legal Opinion

Commonwealth v. Shirley

Court of Appeals of Kentucky

Decided July 2, 2004No. 2003-CA-000689-MRPublishedCited by 3 opinions

1Opinion of the Court

OPINION

MINTON, Judge.

In this forfeiture case, the circuit court held that it had discretion to determine whether or not to order the forfeiture of Amanda Shirley’s automobile. Exercising that discretion, the court held that forfeiture was not appropriate in Shirley’s case.

In the underlying criminal action, Shirley pled guilty to one count of trafficking in a controlled substance in the first degree, one count of illegal possession of drug paraphernalia, and one count of prescription drugs not in the original container. The charges stemmed from a transaction that occurred in Shirley’s Nissan…

2Cases cited11 opinions

  1. United States v. MonsantoSupreme Court of the United States · 1989
  2. United States of America, Cross-Appellee v. Kaiyo Maru No. 53, With Its Fishing Gear, Furniture, Appurtenances, Stores, Fish, Cargo, Cross-AppellantsCourt of Appeals for the Ninth Circuit · 1983
  3. United States v. Investment Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1993
  4. People v. One 1937 Lincoln Zephyr SedanCalifornia Supreme Court · 1945
  5. City of Worthington Police Department v. One 1988 Chevrolet Berreta, Maroon in Color, Bearing License 520 CLF, & Bearing VIN 1G1LV1412JE6227125Court of Appeals of Minnesota · 1994

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3Cited by3 opinions

  1. Brewer v. CommonwealthKentucky Supreme Court · 2006
  2. Olden v. CommonwealthKentucky Supreme Court · 2006
  3. Baker v. JonesCourt of Appeals of Kentucky · 2006

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